Safety Zone; Green River, Calhoun, KY, 64371-64373 [2024-17574]

Download as PDF Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Rules and Regulations point of origin. It is categorically excluded from further review under paragraph L60(a) 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: Dated: August 1, 2024. Gregory J. Knoll, Commander, U.S. Coast Guard, Alternate Captain of the Port Sector Lake Michigan. [FR Doc. 2024–17369 Filed 8–6–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 33 CFR Part 165 1. The authority citation for part 165 continues to read as follows: RIN 1625–AA00 ■ 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. 2. Add § 165.T09–0701 to read as follows: ■ (a) Location. All waters of Lake Michigan with a rectangle shaped racecourse offshore of Sheboygan, WI. The area will be bounded by the points beginning at 43°44′54.32″ N, 87°42′5.77″ W; then east to 43°44′54.10″ N, 87°41′3.21″ W; then south to 43°42′26.73″ N, 87°40′54.66″ W; then west to 43°42′27.10″ N, 87°42′10.11″ W; then returning to the point of origin. (b) Enforcement period. The safety zone described in paragraph (a) of this section will be enforced from 8:00 a.m. to 6:00 p.m., each day from August 9, 2024, through August 11, 2024. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan (COTP) or a designated representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) The ‘‘designated representative’’ of the COTP is any Coast Guard commissioned, warrant, or petty officer VerDate Sep<11>2014 15:48 Aug 06, 2024 Jkt 262001 [Docket Number USCG–2024–0708] Safety Zone; Green River, Calhoun, KY Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: 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 without actual notice from 6 a.m. on August 7, 2024, through 8 p.m. on August 9, 2024. For the purposes of enforcement, actual notice will be used from 6 a.m. on August 5, 2024, through 8 p.m. on August 7, 2024. This safety zone will be enforced each day it is effective from 6 a.m. until 8 p.m. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0708 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 SUMMARY: § 165.T09–0701 Boat Race; Lake Michigan, Sheboygan, WI. khammond on DSKJM1Z7X2PROD with RULES who has been designated by the COTP to act on his or her behalf. (4) Persons and vessel operators desiring to enter or operate within the safety zone must contact the COTP or an on-scene representative to obtain permission to do so. The COTP or an on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or an on-scene representative. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 64371 or email Marine Safety Technician Second Class Bryan Crane, Sector 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 August 5, 2024, to preserve safety of vessels transiting this area during the repairs. We note that a similar regulation was published establishing a safety zone from July 16, 2024, through July 19, 2024 (89 FR 57359). However, inclement weather prevented the repairs from being completed. Therefore, we are establishing this safety zone so that repair work can be conducted from August 5, 2024, through August 9, 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 unstable powerline poles and overhead power lines, and the repair work that will be conducted starting August 5, 2024. 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 August 5, 2024, E:\FR\FM\07AUR1.SGM 07AUR1 64372 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Rules and Regulations will be a safety concern for anyone within one (1) mile of the location of the powerline replacement location. This repair work on powerlines and powerline poles is inherently dangerous. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the powerlines or powerline poles are being replaced. IV. Discussion of the Rule This rule establishes a safety zone during daylight hours on August 5, 2024, through August 9, 2024. The safety zone will cover all navigable waters within one (1) Nautical Mile of vessels and 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. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 15:48 Aug 06, 2024 Jkt 262001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. E:\FR\FM\07AUR1.SGM 07AUR1 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Rules and Regulations 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. 2. Add § 165.T08–0708 to read as follows: ■ § 165.T08–0708 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 Captain of the Port Sector Ohio Valley (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 August 5, 2024, through August 9, 2024. Dated: August 1, 2024. M.D. Winland, Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio Valley. [FR Doc. 2024–17574 Filed 8–5–24; 11:15 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY khammond on DSKJM1Z7X2PROD with RULES Air Plan Approval; Kansas; Regional Haze SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Environmental Protection Agency (EPA). ACTION: Final action. AGENCY: Table of Contents The Environmental Protection Agency (EPA) is taking final action to 15:48 Aug 06, 2024 Jkt 262001 The EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2023–0582. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information may not be 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 through https:// www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. ADDRESSES: Jed D. Wolkins Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7588; email address: wolkins.jed@epa.gov. [EPA–R07–OAR–2023–0582; FRL–11576– 02–R7] VerDate Sep<11>2014 This final action is effective on September 6, 2024. DATES: FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 SUMMARY: disapprove a revision to Kansas’s State Implementation Plan (SIP) submitted on July 28, 2021, intended to satisfy applicable requirements under the Clean Air Act (CAA) and EPA’s Regional Haze Rule (RHR) for the program’s second planning period. As required by the CAA, the RHR calls for State and Federal agencies to work together to improve visibility, including by reducing or eliminating regional haze, in 156 national parks and wilderness areas. The rule requires the States, in coordination with the EPA, the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), the U.S. Forest Service (FS), and other interested parties, to develop and implement air quality protection plans in which States revise their long-term strategies (LTS) for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility in these mandatory Class I Federal Areas. Disapproval does not trigger imposition of mandatory sanctions. The effective date of this action does trigger an obligation for the EPA to issue a Federal Implementation Plan (FIP) within two years. I. What is being addressed in this document? II. Background III. The EPA’s Response to Comments PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 64373 A. Conservation Groups Comments and Responses B. KDHE Comments and Responses C. Kansas Utilities’ Comments and Responses IV. What action is the EPA taking? V. Statutory and Executive Order Reviews I. What is being addressed in this document? The EPA is disapproving Kansas’s regional haze plan for the second planning period. As required by section 169A of the CAA, the Federal RHR calls for State and Federal agencies to work together to improve visibility in 156 national parks and wilderness areas. The rule requires the States, in coordination with the EPA, the NPS, FWS, the FS, and other interested parties, to develop and implement air quality protection plans to reduce the pollution that causes visibility impairment in mandatory Class I Federal areas. Visibility impairing pollutants include fine and coarse particulate matter (PM) (e.g., sulfates, nitrates, organic carbon, elemental carbon, and soil dust) and their precursors (e.g., sulfur dioxide (SO2), oxides of nitrogen (NOX), and, in some cases, volatile organic compounds (VOC) and ammonia (NH3)). As discussed in further detail in our Notice of Proposed Rulemaking (NPRM) and in this document, the EPA finds that Kansas submitted a regional haze SIP revision that does not meet the regional haze requirements for the second planning period. The State’s submission and the NPRM can be found in the docket for this action. II. Background On July 28, 2021, Kansas submitted a revision to its SIP to address regional haze for the second implementation period. Kansas made this submission in order to satisfy the requirements of the CAA’s regional haze program pursuant to CAA sections 169A and 169B and 40 Code of Federal Regulations (CFR) 51.308. The State’s submission met the public notice requirements in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The State provided public notice on its SIP revision from May 27, 2021, to June 28, 2021, and received comments from five parties, including the EPA. Kansas made some changes to its SIP revision based on some of the public comments. However, Kansas disagreed with most of the comments pointing out flaws in its SIP revision, and the State made no changes based on those comments. On January 2, 2024 (89 FR 178), the EPA published the NPRM proposing a E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Rules and Regulations]
[Pages 64371-64373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17574]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0708]
RIN 1625-AA00


Safety Zone; Green River, Calhoun, KY

AGENCY: Coast Guard, Department of Homeland Security (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 without actual notice from 6 a.m. on 
August 7, 2024, through 8 p.m. on August 9, 2024. For the purposes of 
enforcement, actual notice will be used from 6 a.m. on August 5, 2024, 
through 8 p.m. on August 7, 2024. This safety zone will be enforced 
each day it is effective from 6 a.m. until 8 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0708 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 Marine Safety Technician Second Class 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 August 5, 2024, to preserve safety of 
vessels transiting this area during the repairs. We note that a similar 
regulation was published establishing a safety zone from July 16, 2024, 
through July 19, 2024 (89 FR 57359). However, inclement weather 
prevented the repairs from being completed. Therefore, we are 
establishing this safety zone so that repair work can be conducted from 
August 5, 2024, through August 9, 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 unstable 
powerline poles and overhead power lines, and the repair work that will 
be conducted starting August 5, 2024.

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 August 5, 2024,

[[Page 64372]]

will be a safety concern for anyone within one (1) mile of the location 
of the powerline replacement location. This repair work on powerlines 
and powerline poles is inherently dangerous. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the powerlines or powerline poles 
are being replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone during daylight hours on August 
5, 2024, through August 9, 2024. The safety zone will cover all 
navigable waters within one (1) Nautical Mile of vessels and 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.

[[Page 64373]]

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.


0
2. Add Sec.  165.T08-0708 to read as follows:


Sec.  165.T08-0708   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 Captain of the 
Port Sector Ohio Valley (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 August 5, 2024, through August 9, 
2024.

    Dated: August 1, 2024.
M.D. Winland,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio 
Valley.
[FR Doc. 2024-17574 Filed 8-5-24; 11:15 am]
BILLING CODE 9110-04-P
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