Safety Zone; Green River, Calhoun, KY, 57359-57361 [2024-15355]
Download as PDF
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Rules and Regulations
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:
Dated: July 9, 2024.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2024–15469 Filed 7–12–24; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
Safety Zone; Green River, Calhoun, KY
(a) Location. The following area is a
safety zone: all navigable waters within
the Upper Mississippi River, Mile
Markers (MM) 219.5 to 218.5 near
Grafton, IL.
(b) Enforcement period. This section
is subject to enforcement from July 15,
2024, through July 22, 2024. The safety
zone will be active from 7 a.m.–7 p.m.
each day and enforced only while
training associated with the raft crossing
is being conducted. The Coast Guard
will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 to advise when the zone is being
enforced.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
16:10 Jul 12, 2024
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33 CFR Part 165
RIN 1625–AA00
§ 165.T08–0569 Safety Zone; Upper
Mississippi River, Mile Marker 219.5 to
218.5, Grafton, IL.
VerDate Sep<11>2014
Coast Guard
[Docket Number USCG–2024–0498]
2. Add § 165.T08–0569 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size or scope of the safety zone as ice
or flood conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Green River
from Mile Marker 61 to 62 in Calhoun,
KY. The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by a power line replacement due
to unstable powerline poles. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Ohio Valley.
DATES: This rule is effective from 6 a.m.
to 8 p.m. on July 16, 2024 through July
19, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0498 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email MST2 Bryan Crane, Sector
FOR FURTHER INFORMATION CONTACT:
PO 00000
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Fmt 4700
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57359
Ohio Valley, U.S. Coast Guard;
telephone 502–779–5334, email
Bryan.M.Crane@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
power line poles failed the internal
integrity test and prompt action is
needed to respond to the potential
safety hazards associated with the
overhead power lines. It is
impracticable to publish an NPRM
because we must establish this safety
zone by July 16, 2024.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because prompt action is needed to
respond to the potential safety hazards
associated with the overhead power
lines.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the power line
replacement starting July 16, 2024 will
be a safety concern for anyone within
one (1) mile of the location of the
powerline replacement location. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the powerlines are being
replaced.
IV. Discussion of the Rule
This rule establishes a safety zone
during daylight hours on July 16, 2024
through July 19, 2024. The safety zone
will cover all navigable waters within
one (1) Nautical Mile of vessels and
E:\FR\FM\15JYR1.SGM
15JYR1
57360
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Rules and Regulations
machinery being used by personnel to
repair the powerline poles between Mile
Markers 61 and 62 on the Green River,
in Calhoun, KY. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
these navigable waters while the
powerline poles are being repaired. 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.
ddrumheller on DSK120RN23PROD with RULES1
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 rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule 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.
Vessel traffic will be able to safely
transit around this safety zone during
the times that powerline work is not
being conducted. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
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
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
VerDate Sep<11>2014
16:10 Jul 12, 2024
Jkt 262001
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
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.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 only four days that will
prohibit entry within 1 nautical mile of
the location of the power line crossing,
Green River between Mile Markers 61
and 62, specifically 61.5. It is
categorically excluded from further
review under paragraph L60c of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
E:\FR\FM\15JYR1.SGM
15JYR1
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Rules and Regulations
■ 2. Add § 165.T08–0498 to read as
follows:
§ 165.T08–0498
Calhoun, KY.
Safety Zone; Green River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Green River from Mile Marker 61 to 62.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF CH. 16. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Enforcement period. This section
will be subject to enforcement each day
from 6 a.m. to 8 p.m. on July 16, 2024
through July 19, 2024.
Dated: July 9, 2024.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2024–15355 Filed 7–12–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0697; FRL–12048–
01–R1]
Air Plan Approval; Connecticut; Low
Emissions Vehicles Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Connecticut
on December 14, 2015. This SIP revision
includes Connecticut’s revised
regulations for new motor vehicle
emission standards. Connecticut
updated its motor vehicle emission
regulations to adopt California’s
Advanced Clean Car (ACC) I program
that includes California’s low emission
vehicle (LEV) III criteria pollutant
standards and zero-emission vehicle
(ZEV) sales requirements through the
2025 model year, and greenhouse gas
(GHG) emissions standards that
commence in the 2017 model year.
Connecticut ensured that its regulations
are identical to the California standards
for which a waiver has been granted, as
required by the Clean Air Act (CAA).
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:10 Jul 12, 2024
Jkt 262001
This rule is effective on August
14, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0697. 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, i.e., 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that, if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Eric
Rackauskas, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100 (Mail code 5–MI), Boston, MA
02109–3912, tel. (617) 918–1628, email
rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 16, 2018 (83 FR 2097),
EPA published a Notice of Proposed
Rulemaking (NPRM) proposing approval
of Connecticut’s amended Section
22(a)–174–36b (Low Emission Vehicle II
Program) (LEV II) and the newly
adopted Section 22a–174–36c (Low
Emission Vehicle III Program) (LEV III)
of the Connecticut State Regulations
into the Connecticut SIP.1 Connecticut’s
‘‘LEV III regulation’’ adopts all of
California’s ACC I program. California’s
ACC I program is comprised of what it
terms LEV III (which includes criteria
pollutants emission standards and
greenhouse gas emission standards), and
1 See EPA’s Notice of Proposed Rulemaking for
more information on CT’s SIP submittal.
PO 00000
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Fmt 4700
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57361
a zero-emissions vehicle sales
requirement. Connecticut’s emission
limits apply to new passenger cars,
light-duty trucks, and medium-duty
passenger vehicles sold, leased,
imported, delivered, purchased, rented,
acquired, or received in the State of
Connecticut. Connecticut has adopted
these rules to reduce emissions of
volatile organic compounds (VOC),
particulate matter (PM), and nitrogen
oxides (NOX) in accordance with the
requirements of the Clean Air Act
(CAA), as well as to reduce greenhouse
gases. Connecticut has adopted
standards that are identical to the
California standards that have been
issued a waiver by EPA.2 Other specific
requirements of Connecticut’s December
14, 2015, SIP revision and the rationale
for EPA’s proposed action are explained
in the NPRM and will not be restated
here. EPA received both supportive and
adverse comments on the proposed
Connecticut SIP revision.
II. Response to Comments
EPA received two comments in
support of EPA’s proposed approval of
Connecticut’s SIP revision. The first
comment stated that EPA, ‘‘correctly
determined that the emission standards
in Connecticut’s SIP revision are
identical to the relevant California
Standards’’ and satisfy the requirements
of the CAA. The second comment
supported Connecticut’s action and
encouraged similar action in more states
throughout the country. In addition,
EPA received comments criticizing
some technical aspects of the California
Advanced Clean Car I (ACC I) program
being adopted by Connecticut under the
proposed Connecticut SIP revision.
Under CAA section 209(a), states are
generally preempted from either
adopting or enforcing emissions
standards for new motor vehicles and
engines. CAA section 209(b) allows EPA
to waive this preemption for the State of
California subject to listed criteria.
Additionally, under CAA section 177,
‘‘any state which has plan provisions
approved under this part 3 may adopt
and enforce for any model year
standards relating to control of
2 EPA issued a waiver of preemption under
section 209 of the CAA for California’s Advanced
Clean Car program (that includes its LEV III and
ZEV programs) on January 9, 2013 (78 FR 2211).
EPA issued a section 209 waiver for California’s
LEV II program on April 22, 2003 (68 FR 19811);
see also 70 FR 22034 (April 28, 2005), 75 FR 41948
(July 30, 2010). EPA reinstated the ACC I waiver on
March 14, 2022 (87 FR 14332).
3 ‘‘This part’’ refers to Part D of Title I of the CAA.
Part D contains requirements for nonattainment and
maintenance areas and states within the Ozone
Transport Region as defined in CAA section 184(a).
E:\FR\FM\15JYR1.SGM
15JYR1
Agencies
[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Rules and Regulations]
[Pages 57359-57361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15355]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0498]
RIN 1625-AA00
Safety Zone; Green River, Calhoun, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Green River from Mile Marker 61 to 62 in
Calhoun, KY. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by a power
line replacement due to unstable powerline poles. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Ohio Valley.
DATES: This rule is effective from 6 a.m. to 8 p.m. on July 16, 2024
through July 19, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0498 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST2 Bryan Crane, Sector Ohio Valley, U.S. Coast Guard;
telephone 502-779-5334, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because the power line
poles failed the internal integrity test and prompt action is needed to
respond to the potential safety hazards associated with the overhead
power lines. It is impracticable to publish an NPRM because we must
establish this safety zone by July 16, 2024.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because prompt action is needed to
respond to the potential safety hazards associated with the overhead
power lines.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the power line replacement
starting July 16, 2024 will be a safety concern for anyone within one
(1) mile of the location of the powerline replacement location. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
powerlines are being replaced.
IV. Discussion of the Rule
This rule establishes a safety zone during daylight hours on July
16, 2024 through July 19, 2024. The safety zone will cover all
navigable waters within one (1) Nautical Mile of vessels and
[[Page 57360]]
machinery being used by personnel to repair the powerline poles between
Mile Markers 61 and 62 on the Green River, in Calhoun, KY. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the powerline poles are
being repaired. 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule 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. Vessel traffic
will be able to safely transit around this safety zone during the times
that powerline work is not being conducted. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter 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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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 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.
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 only four days that will prohibit entry within 1
nautical mile of the location of the power line crossing, Green River
between Mile Markers 61 and 62, specifically 61.5. It is categorically
excluded from further review under paragraph L60c of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
[[Page 57361]]
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2. Add Sec. 165.T08-0498 to read as follows:
Sec. 165.T08-0498 Safety Zone; Green River, Calhoun, KY.
(a) Location. The following area is a safety zone: All navigable
waters of the Green River from Mile Marker 61 to 62.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF CH. 16. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(c) Enforcement period. This section will be subject to enforcement
each day from 6 a.m. to 8 p.m. on July 16, 2024 through July 19, 2024.
Dated: July 9, 2024.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2024-15355 Filed 7-12-24; 8:45 am]
BILLING CODE 9110-04-P