Special Local Regulation; Ohio River, Louisville, KY, 31102-31104 [2020-10633]
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31102
Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed Rules
to latitude 38°47′30.00″ N, longitude
077°01′37.30″ W, thence south to
latitude 38°47′08.20″ N, longitude
077°01′37.30″ W, thence east to latitude
38°47′09.00″ N, longitude 077°01′09.20″
W, thence southeast along the pier to
latitude 38°47′06.30″ N, longitude
077°01′02.50″ W, thence north along the
shoreline and west along the southern
extent of the Woodrow Wilson (I–95/I–
495) Memorial Bridge and south and
west along the shoreline to the point of
origin, located at National Harbor, MD.
These coordinates are based on datum
NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the
Washington DC Sharkfest Swim event or
otherwise designated by the event
sponsor as having a function tied to the
event.
(c) Regulations. (1) Except for vessels
already at berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or PATCOM.
(2) To seek permission to enter,
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or the PATCOM on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP
Maryland-National Capital Region or
PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
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16:20 May 21, 2020
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(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement period. This section
will be enforced from 7 a.m. to 11 a.m.
September 27, 2020.
Dated: May 14, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–10979 Filed 5–21–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0192]
RIN 1625–AA08
Special Local Regulation; Ohio River,
Louisville, KY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a special local regulation for
all navigable waters of the Ohio River
from mile marker (MM) 597.0 to MM
607.0. This action is necessary to
provide for the safety of life on these
navigable waters near Louisville, KY,
during Thunder over Louisville. Entry
into, transiting through, or anchoring
within this regulated area is prohibited
unless authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 22, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0192 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email MST2 Craig
Colton, Waterways Department Sector
Ohio Valley, U.S. Coast Guard;
telephone 502–779–5335, email
SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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I. Table of Abbreviations
COTP Captain of the Port Sector Ohio
Valley
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, Purpose, and Legal
Basis
On March 17, 2020, the Coast Guard
was notified of a delay to the Thunder
Over Louisville Marine Event originally
scheduled for April 17, 2020 through
April 19, 2020. The event has been
postponed until August 14, 2020
through August 16, 2020 and will take
place on the Ohio River, between Mile
Marker (MM) 597.0 to MM 607.0 The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the Thunder
Over Louisville airshow and fireworks
display would be a safety concern for
anyone within a 10 mile stretch of the
Ohio River.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the ten mile
stretch of the Ohio River before, during,
and after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
special local regulation that will be
enforced from 11 a.m. to 6 p.m. on
August 14, 2020, from 12 p.m. to 11:59
p.m. on August 15, 2020, and from 12
a.m. to 2 a.m. on August 16, 2020. The
special local regulation would cover all
navigable waters of the Ohio River from
MM 597.0 to MM 607.0. The duration of
the special local regulation is intended
to ensure the safety of waterway users
and these navigable waters before,
during, and after the scheduled event.
No vessel or person is permitted to enter
the special local regulated area without
obtaining permission from the COTP or
a designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed Rules
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Entry into the regulated area
will be prohibited from 11 a.m. to 6 p.m.
on August 14, 2020, from 12 p.m. to
11:59 p.m. on August 15, 2020, and
from 12 a.m. to 2 a.m. on August 16,
2020 from Ohio River MM 597.0 to MM
607.0, unless authorized by the Captain
of the Port Sector Ohio Valley (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 special local regulation 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
VerDate Sep<11>2014
16:20 May 21, 2020
Jkt 250001
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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31103
F. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a special local regulation
area lasting 21 hours over three days on
all navigable waters extending ten miles
of the Ohio River. Normally such
actions are categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed Rules
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
time it is deemed necessary for the
protection of life or property.
(4) All other 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.
Dated: April 23, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
[FR Doc. 2020–10633 Filed 5–21–20; 8:45 am]
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
[EPA–HQ–OA–2020–0128, FRL–010007–83–
OP]
1. The authority citation for part 100
continues to read as follows:
RIN 2010–AA13
■
Authority: 46 U.S.C. 70041; 33 CFR1.05–
1.
2. Add § 100.35T08–0192 to read as
follows:
■
Jkt 250001
40 CFR Part 2
EPA Guidance; Administrative
Procedures for Issuance and Public
Petitions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
(a) Regulated area. All navigable
waters of the Ohio River from mile
marker (MM) 597.0 to MM 607.0 in
Louisville, KY.
(b) Enforcement period. This section
will be enforced from 11 a.m. to 6 p.m.
on August 14, 2020, from 12 p.m. to
11:59 p.m. on August 15, 2020, and
from 12 a.m. to 2 a.m. on August 16,
2020. The Captain of the Port Sector
Ohio Valley (COTP) or a designated
representative will inform the public
through broadcast notice to mariners of
the enforcement period for the special
local regulation.
(c) Special local regulations.
(1) In accordance with the general
regulations in § 100 of this part, entry
into this area is prohibited unless
authorized by the COTP or a designated
representative.
(2) Recreational vessels may be
permitted to transit the regulated area,
but are restricted to the Indiana side of
the navigation channel. There shall be
no anchoring or loitering in the
navigation channel. There is a no-entry
zone starting at Ohio River MM 602.7
through MM 607.0. Recreational vessels
transiting into and away from this area
are restricted to the slowest safe speed
creating minimum wake.
(3) The COTP may terminate the event
or the operation of any vessel at any
16:20 May 21, 2020
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
§ 100.35T08–0192 Special Local
Regulation; Ohio River, Louisville, KY.
VerDate Sep<11>2014
BILLING CODE 9110–04–P
These proposed regulations
would, if finalized, establish the
procedures and requirements for how
the U.S. Environmental Protection
Agency (EPA) will manage the issuance
of guidance documents subject to the
requirements of the Executive order
entitled ‘‘Promoting the Rule of Law
Through Improved Agency Guidance
Documents.’’ These regulations
establish general requirements and
procedures for certain guidance
documents issued by the EPA and
incorporates additional requirements for
guidance documents determined to be
significant guidance under the
Executive order. These regulations also
provide procedures for the public to
petition for the modification or
withdrawal of active guidance
documents under the Executive order.
These regulations are intended to
increase the transparency of EPA’s
guidance practices and improve the
process used to manage EPA guidance
documents.
SUMMARY:
Comments must be received on
or before June 22, 2020.
ADDRESSES: Send comments, identified
by Docket ID No. EPA–HQ–OA–2020–
0128, by any of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
DATES:
PO 00000
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preferred method). Follow the online
instructions for submitting comments.
• Email: docket_oms@epa.gov.
Include Docket ID No. EPA–HQ–OA–
2020–0128 in the subject line of the
message.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room was closed to public
visitors on March 31, 2020, to reduce
the risk of transmitting COVID–19. Our
Docket Center staff will continue to
provide remote customer service via
email, phone, and webform. We
encourage the public to submit
comments via https://
www.regulations.gov or email, as there
is a temporary suspension of mail
delivery to EPA, and no hand deliveries
are currently accepted. For further
information on EPA Docket Center
services and the current status, please
visit us online at https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT:
Sharon Cooperstein, Policy and
Regulatory Analysis Division, Office of
Regulatory Policy and Management
(Mail Code 1803A), Environmental
Protection Agency, 1200 Pennsylvania
Avenue Northwest, Washington, DC
20460; telephone number: 202–564–
7051; email address:
cooperstein.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OA–2020–
0128, at https://www.regulations.gov
(our preferred method), or the other
methods identified in the ADDRESSES
section. Once submitted, comments
cannot be edited or removed from the
docket. The EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
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]]>Agencies
[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31102-31104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10633]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0192]
RIN 1625-AA08
Special Local Regulation; Ohio River, Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation for all navigable waters of the Ohio River from mile marker
(MM) 597.0 to MM 607.0. This action is necessary to provide for the
safety of life on these navigable waters near Louisville, KY, during
Thunder over Louisville. Entry into, transiting through, or anchoring
within this regulated area is prohibited unless authorized by the
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 22, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0192 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Craig Colton, Waterways
Department Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-
5335, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port Sector Ohio Valley
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, Purpose, and Legal Basis
On March 17, 2020, the Coast Guard was notified of a delay to the
Thunder Over Louisville Marine Event originally scheduled for April 17,
2020 through April 19, 2020. The event has been postponed until August
14, 2020 through August 16, 2020 and will take place on the Ohio River,
between Mile Marker (MM) 597.0 to MM 607.0 The Captain of the Port
Sector Ohio Valley (COTP) has determined that potential hazards
associated with the Thunder Over Louisville airshow and fireworks
display would be a safety concern for anyone within a 10 mile stretch
of the Ohio River.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the ten mile stretch of the Ohio River
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation that
will be enforced from 11 a.m. to 6 p.m. on August 14, 2020, from 12
p.m. to 11:59 p.m. on August 15, 2020, and from 12 a.m. to 2 a.m. on
August 16, 2020. The special local regulation would cover all navigable
waters of the Ohio River from MM 597.0 to MM 607.0. The duration of the
special local regulation is intended to ensure the safety of waterway
users and these navigable waters before, during, and after the
scheduled event. No vessel or person is permitted to enter the special
local regulated area without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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
[[Page 31103]]
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13771 directs agencies to control regulatory costs
through a budgeting process. This NPRM has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB), and pursuant to OMB guidance it is exempt from the
requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Entry into the regulated area will be prohibited from 11 a.m. to 6 p.m.
on August 14, 2020, from 12 p.m. to 11:59 p.m. on August 15, 2020, and
from 12 a.m. to 2 a.m. on August 16, 2020 from Ohio River MM 597.0 to
MM 607.0, unless authorized by the Captain of the Port Sector Ohio
Valley (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 special local
regulation 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation area lasting 21 hours over three days on all navigable
waters extending ten miles of the Ohio River. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
[[Page 31104]]
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR1.05-1.
0
2. Add Sec. 100.35T08-0192 to read as follows:
Sec. 100.35T08-0192 Special Local Regulation; Ohio River, Louisville,
KY.
(a) Regulated area. All navigable waters of the Ohio River from
mile marker (MM) 597.0 to MM 607.0 in Louisville, KY.
(b) Enforcement period. This section will be enforced from 11 a.m.
to 6 p.m. on August 14, 2020, from 12 p.m. to 11:59 p.m. on August 15,
2020, and from 12 a.m. to 2 a.m. on August 16, 2020. The Captain of the
Port Sector Ohio Valley (COTP) or a designated representative will
inform the public through broadcast notice to mariners of the
enforcement period for the special local regulation.
(c) Special local regulations.
(1) In accordance with the general regulations in Sec. 100 of this
part, entry into this area is prohibited unless authorized by the COTP
or a designated representative.
(2) Recreational vessels may be permitted to transit the regulated
area, but are restricted to the Indiana side of the navigation channel.
There shall be no anchoring or loitering in the navigation channel.
There is a no-entry zone starting at Ohio River MM 602.7 through MM
607.0. Recreational vessels transiting into and away from this area are
restricted to the slowest safe speed creating minimum wake.
(3) The COTP may terminate the event or the operation of any vessel
at any time it is deemed necessary for the protection of life or
property.
(4) All other 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.
Dated: April 23, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-10633 Filed 5-21-20; 8:45 am]
BILLING CODE 9110-04-P
