Safety Zone; Ohio River, Louisville, KY, 48125-48127 [2022-16945]
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Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Proposed Rules
type the docket number excluding the
last three digits of this document in the
docket number field.
60. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 35
By direction of the Commission.
Issued: July 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend part 35,
subpart J, title 18, Code of Federal
Regulations, as follows:
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Amend § 35.47 by adding paragraph
(h) to read as follows:
■
§ 35.47 Tariff provisions regarding credit
practices in organized wholesale electric
markets.
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*
*
*
*
(h) Permit the sharing of market
participant credit-related information
with, and receipt of market participant
credit-related information from, other
organized wholesale electric markets for
the purpose of credit risk management
and mitigation, provided such market
participant credit-related information is
treated upon receipt as confidential
under the terms for the confidential
treatment of market participant
information set forth in the tariff or
other governing document of the
receiving organized wholesale electric
market; and permit the receiving
organized wholesale electric market to
use market participant credit-related
information received from another
organized wholesale electric market to
the same extent and for the same
purposes that the receiving organized
wholesale electric market may use
credit-related information collected
from its own market participants.
BILLING CODE 6717–01–P
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33 CFR Part 165
[Docket Number USCG–2022–0652]
RIN 1625–AA00
Safety Zone; Ohio River, Louisville, KY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
all navigable waters of the Ohio River
from mile marker (MM) 602.5 to MM
603.5 from 7 p.m. to 1 a.m. on October
24 and 25, 2022. This action is
necessary to provide for the safety of life
on these navigable waters near
Louisville, KY during a film stunt. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Ohio Valley or a
designated representative. We invite
your comments on this proposed
rulemaking.
Comments and related material
must be received by the Coast Guard on
or before September 7, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0652 using the Federal Decision
Making 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:
1. The authority citation for part 35
continues to read as follows:
■
[FR Doc. 2022–16609 Filed 8–5–22; 8:45 am]
Coast Guard
SUMMARY:
Electric power rates, Electric utilities,
Reporting and recordkeeping
requirements.
*
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions about this proposed
rulemaking, call or email MST2
Christopher Roble, U.S. Coast Guard;
telephone 502–779–5336, email
Christopher.J.Roble@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On July 22, 2022, Messiah’s Star LLC
notified the Coast Guard that it will be
conducting a film stunt from 7 p.m. on
October 24, 2022 to 1 a.m. on October
25, 2022, as part of filming for a film
titled ‘‘Just One Life.’’ The stunt is a
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48125
controlled fall and is to take place from
the Big Four Pedestrian Bridge to the
Ohio River below at MM 603. The event
will include 3 swimmers, a deck boat,
and a houseboat.
The purpose of this rulemaking is to
ensure the safety of vessels, stunt crew
personnel, and the navigable waters
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 7 p.m. on October 24,
2022 to 1 a.m. on October 25, 2022. The
safety zone would cover all navigable
waters of the Ohio River between MM
602.5 and MM 603.5. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the scheduled
7 p.m. to 1 a.m. film stunt. No vessel or
person would be permitted to enter the
safety zone 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
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. This
safety zone would restrict transit on a
one-mile stretch of the Ohio River for 6
hours on one night. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the 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
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Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Proposed Rules
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 proposed 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
proposed 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.
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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
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16:24 Aug 05, 2022
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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
potential effects of this proposed 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 safety zone lasting 6
hours that would prohibit entry .5
nautical mile of a film stunt. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary 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. 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
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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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2022–0652 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
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Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Proposed Rules
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. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0652 to read as
follows:
■
§ 165.T08–0652 Safety Zone; Ohio River,
Miles 602.5–603.5, Louisville, KY.
(a) Location. The following area is a
temporary safety zone: all navigable
waters of the Ohio River between MM
602.5 and MM 603.5.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Ohio Valley (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of persons and vessels into the security
zone described in paragraph (a) of this
section is prohibited unless authorized
by the COTP or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP or a
designated representative. The COTP’s
representative may be contacted at 502–
779–5336.
(d) Enforcement period. This section
is effective from 7 p.m. on October 24,
2022. through 1 a.m. on October 25,
2022.
Dated: August 3, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2022–16945 Filed 8–5–22; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
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[Docket No. RM2022–11; Order No. 6242]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is
acknowledging a recent filing requesting
the Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
SUMMARY:
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16:24 Aug 05, 2022
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reports (Proposal Five). This document
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: September
20, 2022.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Proposal Five
III. Notice and Comment
IV. Ordering Paragraphs
I. Introduction
On July 29, 2022, the Postal Service
filed a petition pursuant to 39 CFR
3050.11 requesting that the Commission
initiate a rulemaking proceeding to
consider changes to analytical
principles relating to periodic reports.1
The Petition identifies the proposed
analytical changes filed in this docket as
Proposal Five.
II. Proposal Five
Background. Contract Delivery
Services (CDS) suppliers are
independent contractors who provide
delivery on specific routes that are not
serviced by city or rural carriers.
Petition, Proposal Five at 1. The Postal
Service initiated research into the
estimation of accrued costs and product
costs of CDS in response to USPS Office
of Inspector General (OIG) Report No.
20–313–R21. Id. That report
recommended that the Postal Service:
(1) reevaluate the cost proportion
percentages used to estimate accrued
CDS costs and assess the possibility of
using actual CDS payment data to
calculate product costs; and (2) conduct
a study to whether the mail volumes
delivered on CDS and rural routes are
similar and consider an update to the
1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposal Five),
July 29, 2022 (Petition). The Petition was
accompanied by a report supporting its proposal.
See Report on Contract Delivery Service Cost
Attribution Accrued Cost and Distribution Key, July
29, 2022. The Postal Service also filed a notice of
filing of public and non-public materials relating to
Proposal Five. Notice of Filing of USPS–RM2022–
11–1 and USPS–RM2022–11–NP1 and Application
for Nonpublic Treatment, July 29, 2022.
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48127
distribution keys used to attribute CDS
costs. Id. at 1–2.
CDS costs are not separately
identified in the Postal Service’s general
ledger (GL). Id. at 2. Instead, CDS
accrued costs are included as a portion
of different GL expense accounts
contained in cost segment 14
(purchased transportation), components
143 (Highway) and 145 (Domestic
Water) and reported in GL Account No.
53605—Intra-CSD Regular (IntraDistrict)—and Account No. 53601—
Intra-processing & distribution center
(P&DC) Regular. Id. The Postal Service
states that costs in these two accounts
‘‘comprise the overwhelming majority of
all CDS costs and have a distinct
treatment.’’ Id.
Currently, the Postal Service
calculates the CDS volume variability by
developing a cost-to-capacity variability
and a capacity-to-volume variability and
then multiplying these variabilities
together to produce an overall volume
variability for the contract costs. Id. at
2–3. The calculation of volume variable
Intra-sectional center facility (SCF) costs
relies upon two econometric analyses,
approved in Docket Nos. RM2016–12
and RM2021–1, which updated the
capacity-to-volume and cost-to-capacity
variabilities, respectively. Id. at 3.
The Intra-P&DC and Intra-District
account categories are made up of four
transportation technologies and route
types, including box, city, van, and
tractor trailer. Id. Within each type, the
costs are summed to form the account
category’s cost proportions. Id. The
Postal Service individually estimates
the cost-to-capacity volume variabilities
for the Intra-District and the Intra-P&DC
accounts as the cost-weighted averages
of the variabilities of the four
transportation/route types. Id.
The CDS costs in Intra-SCF accounts
are distributed based on the Intra-SCF
distribution factors estimated by the
Transportation Cost System (TRACS) on
a quarterly basis as a proxy because CDS
routes are not sampled in TRACS. Id.
Proposal. The Postal Service proposes
two revisions to analytical principles
related to CDS costs based on its
investigation into the OIG’s
recommendations.
First, the Postal Service proposes to
update the Intra-P&DC and Intra-District
cost proportions annually using
Transportation Contract Support System
(TCSS) data. More specifically, to
update the cost proportions used for the
GL accounts that it states comprise the
majority of CDS costs, GL Account Nos.
53605 and 53601, using TCSS data. Id.
at 4.
The Postal Service states that it
assessed the feasibility of using CDS
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Agencies
[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Proposed Rules]
[Pages 48125-48127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16945]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0652]
RIN 1625-AA00
Safety Zone; Ohio River, Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters of the Ohio River from mile marker (MM)
602.5 to MM 603.5 from 7 p.m. to 1 a.m. on October 24 and 25, 2022.
This action is necessary to provide for the safety of life on these
navigable waters near Louisville, KY during a film stunt. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Ohio Valley 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 September 7, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0652 using the Federal Decision Making 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 Christopher Roble, U.S. Coast
Guard; telephone 502-779-5336, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On July 22, 2022, Messiah's Star LLC notified the Coast Guard that
it will be conducting a film stunt from 7 p.m. on October 24, 2022 to 1
a.m. on October 25, 2022, as part of filming for a film titled ``Just
One Life.'' The stunt is a controlled fall and is to take place from
the Big Four Pedestrian Bridge to the Ohio River below at MM 603. The
event will include 3 swimmers, a deck boat, and a houseboat.
The purpose of this rulemaking is to ensure the safety of vessels,
stunt crew personnel, and the navigable waters before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 7 p.m. on
October 24, 2022 to 1 a.m. on October 25, 2022. The safety zone would
cover all navigable waters of the Ohio River between MM 602.5 and MM
603.5. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 7 p.m. to 1 a.m. film stunt. No vessel or person would be
permitted to enter the safety zone 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 benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. This safety
zone would restrict transit on a one-mile stretch of the Ohio River for
6 hours on one night. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the 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
[[Page 48126]]
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 proposed 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 proposed 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 potential effects of
this proposed 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 safety
zone lasting 6 hours that would prohibit entry .5 nautical mile of a
film stunt. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0652 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
[[Page 48127]]
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0652 to read as follows:
Sec. 165.T08-0652 Safety Zone; Ohio River, Miles 602.5-603.5,
Louisville, KY.
(a) Location. The following area is a temporary safety zone: all
navigable waters of the Ohio River between MM 602.5 and MM 603.5.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Ohio Valley (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of persons and vessels into the security zone
described in paragraph (a) of this section is prohibited unless
authorized by the COTP or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. The COTP's representative may be contacted at 502-779-
5336.
(d) Enforcement period. This section is effective from 7 p.m. on
October 24, 2022. through 1 a.m. on October 25, 2022.
Dated: August 3, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2022-16945 Filed 8-5-22; 8:45 am]
BILLING CODE 9110-04-P