Safety Zone; Kentucky River, Frankfort, KY, 74132-74135 [2024-20696]
Download as PDF
<![CDATA[
74132
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Rules and Regulations
The Rule
This action amends 14 CFR part 71 by
establishing Class E airspace upward
from 700 feet above the surface within
a 7.3-mile radius of 4M Ranch Airfield,
Langtry, TX.
This action supports new instrument
procedures.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
ASW TX E5 Langtry, TX [Establish]
4M Ranch Airfield, TX
(Lat 30°01′16″ N, long 101°34′23″ W)
That airspace extending upward from 700
feet above the surface within a 7.3-mile
radius of the 4M Ranch Airfield.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
[Docket No. USCG–2024–0756]
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p.389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
■
VerDate Sep<11>2014
15:02 Sep 11, 2024
Jkt 262001
*
*
*
*
*
Issued in Fort Worth, Texas, on September
4, 2024.
Steven Phillips,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2024–20319 Filed 9–11–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District—
Philadelphia, PA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for the Mexican
Independence Day fireworks display on
the Delaware River on September 15,
2024, to provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
the Fifth Coast Guard District identifies
the regulated area for this event in
Philadelphia, PA. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulation at 33 CFR
165.506, for Philadelphia, PA, will be
enforced for the location identified in
entry 10 of table 1 to paragraph (h)(1)
from 7:45 p.m. through 8:30 p.m. on
September 15, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Jonathan Lougheed, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division,
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
telephone: 215–271–4814, email:
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone in 33
CFR 165.506 Entry No. 10 for the
Delaware River adjacent to Penn’s
Landing regulated area from 7:45 p.m. to
8:30 p.m. on September 15, 2024. This
action is necessary to ensure safety of
life on the navigable waters of the
United States immediately prior to,
during, and immediately after fireworks
displays. Our regulation for safety zones
of fireworks displays within the Fifth
Coast Guard District, table 1 to
paragraph (h)(1) to 33 CFR 165.506,
entry 10 specifies the location of the
regulated area as all waters of the
Delaware River adjacent to Penn’s
Landing, Philadelphia, PA, within a
300-yard radius of the fireworks barge
position. On September 15, 2024 the
approximate position will be
39°56′53.8″ N, 75°08′17.4″ W. During
the enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, marine
information broadcasts, and Broadcast
Notice to Mariners.
Dated: September 3, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2024–20630 Filed 9–11–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0824]
RIN 1625–AA00
Safety Zone; Kentucky River,
Frankfort, KY
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Kentucky
River extending from mile marker (MM)
65.5 to MM 66 near Frankfort, KY. This
safety zone is needed to protect life,
vessels, and the marine environment
SUMMARY:
E:\FR\FM\12SER1.SGM
12SER1
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Rules and Regulations
due to stability concerns of the
Broadway Bridge near MM 65.5. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective without
actual notice from September 12, 2024
through December 6, 2024. For the
purposes of enforcement, actual notice
will be used from September 7, 2024
until September 12, 2024. If the COTP
determines that the safety zone is no
longer needed, they may end
enforcement earlier through local
notice. Comments and related material
must be received by the Coast Guard on
or before October 15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0824 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this rule, call
or email Petty Officer Bryan Crane,
Sector Ohio Valley Waterways Division,
U.S. Coast Guard; telephone 502–779–
5400, email SECOHV-WWM@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
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
ddrumheller on DSK120RN23PROD with RULES1
II. Background Information and
Regulatory History
The Coast Guard is issuing this
interim temporary rule under the
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 it is
impracticable and contrary to the public
interest. On August 5, 2024, a 50-foot
section of concrete walkway from the
Broadway Bridge near MM 65.5 fell into
the river, and continues to deteriorate,
causing a hazard to navigation. The
safety zone must be established quickly
to protect people and vessels from the
concerns of further falling debris.
Insufficient time exists to provide a
VerDate Sep<11>2014
15:02 Sep 11, 2024
Jkt 262001
74133
reasonable comment period and then
consider those comments before issuing
the rule. This safety zone may include
closures or navigation restrictions and
requirements that are vital to
maintaining safe navigation on the
Kentucky River during response efforts
and the hazards of falling debris.
Therefore, delaying the effective date for
this emergency safety zone to complete
the NPRM process would also be
contrary to the public interest as it
would delay the safety measures vital to
safe navigation.
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 contrary to public
interest because immediate action is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
unstable bridge and falling debris.
Although this regulation is published
as an interim rule without prior notice,
public comment is nevertheless
desirable to ensure that the regulation is
both workable and reasonable.
Accordingly, persons wishing to
comment may do so by submitting
written comments to the office listed
under ADDRESSES in this preamble.
Commenters should include their names
and addresses, identify the docket
number for the regulation, and give
reasons for their comments. If the Coast
Guard determines that changes to the
temporary interim rule are necessary,
we will publish a temporary final rule
or other appropriate document.
the Kentucky River. Transit into and
through this area is prohibited for all
traffic beginning September 7, 2024 and
will continue through December 6,
2024. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while the threat of
continued falling debris exists and
repairs or demolition activities exist.
The COTP will terminate the
enforcement of this safety zone before
December 6, 2024 if the bridge has been
demolished or there is no longer a
hazard. Entry into this safety zone is
prohibited unless specifically
authorized by the COTP or their
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
The Coast Guard will notify the
public and local mariners of this safety
zone through appropriate means, which
may include, but are not limited to,
publication in the Federal Register, the
Local Notice to Marines, and Broadcast
Notice to Mariners via marine Channel
16 (VHF–FM) in advance of any
enforcement.
Requests for entry will be considered
and reviewed on a case-by-case basis.
The COTP may be contacted by
telephone at 502–779–5422 or can be
reached by VHF–FM channel 16.
Persons and vessels permitted to enter
this safety zone must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
the designated representative.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary interim rule under authority
in 46 U.S.C. 70034 (previously 33 U.S.C.
1231). The Captain of the Port Sector
Ohio Valley (COTP) has determined that
potential hazards associated with falling
debris from the Broadway Bridge, as is
currently occurring, along with repairs
and potential demolition activities
beginning immediately, will be a safety
concern for anyone within MM 65.5 to
MM 66 on the Kentucky River. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the threat of continued falling
debris exists and repairs or demolition
activities exist.
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.
IV. Discussion of the Rule
This temporary interim rule
establishes a safety zone for all
navigable waters on the Kentucky River
from Mile Marker (MM) 65.5 through
MM 66, extending the entire width of
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
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, and
E:\FR\FM\12SER1.SGM
12SER1
74134
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Rules and Regulations
duration of the safety zone. COTP will
end the safety zone as soon as the
hazard has been removed. This safety
zone will restrict vessel traffic from
entering or transiting within a 0.5 mile
area of navigable waterways on the
Kentucky River between MMs 65.5 and
66. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about
enforcement of the zone, and the rule
allows vessels to seek permission to
enter the zone.
ddrumheller on DSK120RN23PROD with RULES1
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 a substantial
number of small entities.
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.
VerDate Sep<11>2014
15:02 Sep 11, 2024
Jkt 262001
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 This
rule involves a safety zone lasting 24
hours a day for 90 days that will
prohibit entry within a half mile stretch
of the Kentucky River. It is categorically
excluded from further review under
paragraph L60a of Appendix A, Table 1
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
VI. 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–2024–0824 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 your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Viewing material in the docket. To
view documents mentioned in this 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 this 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
E:\FR\FM\12SER1.SGM
12SER1
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Rules and Regulations
have provided. For more information
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).
Dated: September 6, 2024.
Heather. R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
Dated: Sept. 3, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2024–20696 Filed 9–11–24; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
33 CFR Part 165
Coast Guard
[Docket No. USCG–2024–0776]
1. The authority citation for part 165
continues to read as follows:
■
AGENCY:
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.T08–0824 to read as
follows:
■
§ 165.T08–0824 Safety Zone; Kentucky
River, Frankfort, KY.
ddrumheller on DSK120RN23PROD with RULES1
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District—
Philadelphia, PA
Delaware River adjacent to Penn’s
Landing, Philadelphia, PA, within a
500-feet radius of the fireworks barge
position. On September 27, 2024, the
approximate position will be
39°56′53.65″ N, 75°08′03.43″ W. During
the enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, marine
information broadcasts, and Broadcast
Notice to Mariners.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(a) Location. The following area is a
safety zone: All navigable waters of the
Kentucky River from Mile Marker (MM)
65.5 to MM 66, extending the entire
width of the river.
(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.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Ohio Valley.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(c) Enforcement period. This section
will be enforced 24 hours a day from
September 7, 2024 and will continue
through December 6, 2024 or until the
bridge is demolished or the hazard has
been mitigated, whichever occurs first.
VerDate Sep<11>2014
15:02 Sep 11, 2024
Jkt 262001
74135
The Coast Guard will enforce
a safety zone for the Cooper Foundation
Gala fireworks display on the Delaware
River on September 27, 2024, to provide
for the safety of life on navigable
waterways during this event. Our
regulation for marine events within the
Fifth Coast Guard District identifies the
regulated area for this event in
Philadelphia, PA. During the
enforcement period, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
165.506, for Philadelphia, PA, will be
enforced for the location identified in
entry 10 of table 1 to paragraph (h)(1)
from 8:30 p.m. through 9 p.m. on
September 27, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Jonathan Lougheed, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone: 215–271–4814, email:
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
Delaware River, Philadelphia, PA safety
zone from 8:30 p.m. to 9 p.m. on
September 27, 2024. This action is
necessary to ensure safety of life on the
navigable waters of the United States
immediately prior to, during, and
immediately after fireworks displays.
Our regulation for safety zones of
fireworks displays within the Fifth
Coast Guard District, table 1 to
paragraph (h)(1) to 33 CFR 165.506,
entry 10 specifies the location of the
regulated area as all waters of the
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
[FR Doc. 2024–20629 Filed 9–11–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2022–0730; FRL–9327.1–
01–OAR]
RIN 2060–AW29
New Source Performance Standards
for the Synthetic Organic Chemical
Manufacturing Industry and National
Emission Standards for Hazardous Air
Pollutants for the Synthetic Organic
Chemical Manufacturing Industry and
Group I & II Polymers and Resins
Industry; Correction
Environmental Protection
Agency (EPA).
ACTION: Correcting amendments.
AGENCY:
The Environmental Protection
Agency (EPA) is making two corrections
to the final action that appeared in the
Federal Register on May 16, 2024. The
first correction allows the Office of
Federal Register editors to codify and
add paragraphs inadvertently removed
from that final action in a recent
correction published in the Federal
Register on July 5, 2024. This correction
does not alter or change the content or
text of any regulatory provision in that
final action. The second correction
moves the placement of 3 explanatory
notes in the regulatory text; this
correction does not change the content
of the explanatory notes.
DATES: Effective September 12, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Andrew Bouchard, Sector Policies and
SUMMARY:
E:\FR\FM\12SER1.SGM
12SER1
]]>Agencies
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Rules and Regulations]
[Pages 74132-74135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20696]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0824]
RIN 1625-AA00
Safety Zone; Kentucky River, Frankfort, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Kentucky River extending from mile marker
(MM) 65.5 to MM 66 near Frankfort, KY. This safety zone is needed to
protect life, vessels, and the marine environment
[[Page 74133]]
due to stability concerns of the Broadway Bridge near MM 65.5. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective without actual notice from September 12,
2024 through December 6, 2024. For the purposes of enforcement, actual
notice will be used from September 7, 2024 until September 12, 2024. If
the COTP determines that the safety zone is no longer needed, they may
end enforcement earlier through local notice. Comments and related
material must be received by the Coast Guard on or before October 15,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0824 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 Petty Officer Bryan Crane, Sector Ohio Valley Waterways
Division, U.S. Coast Guard; telephone 502-779-5400, 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 interim temporary rule under the
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 it is
impracticable and contrary to the public interest. On August 5, 2024, a
50-foot section of concrete walkway from the Broadway Bridge near MM
65.5 fell into the river, and continues to deteriorate, causing a
hazard to navigation. The safety zone must be established quickly to
protect people and vessels from the concerns of further falling debris.
Insufficient time exists to provide a reasonable comment period and
then consider those comments before issuing the rule. This safety zone
may include closures or navigation restrictions and requirements that
are vital to maintaining safe navigation on the Kentucky River during
response efforts and the hazards of falling debris. Therefore, delaying
the effective date for this emergency safety zone to complete the NPRM
process would also be contrary to the public interest as it would delay
the safety measures vital to safe navigation.
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 contrary to public interest because immediate action
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by the unstable bridge and falling
debris.
Although this regulation is published as an interim rule without
prior notice, public comment is nevertheless desirable to ensure that
the regulation is both workable and reasonable. Accordingly, persons
wishing to comment may do so by submitting written comments to the
office listed under ADDRESSES in this preamble. Commenters should
include their names and addresses, identify the docket number for the
regulation, and give reasons for their comments. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain
of the Port Sector Ohio Valley (COTP) has determined that potential
hazards associated with falling debris from the Broadway Bridge, as is
currently occurring, along with repairs and potential demolition
activities beginning immediately, will be a safety concern for anyone
within MM 65.5 to MM 66 on the Kentucky River. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the threat of continued falling
debris exists and repairs or demolition activities exist.
IV. Discussion of the Rule
This temporary interim rule establishes a safety zone for all
navigable waters on the Kentucky River from Mile Marker (MM) 65.5
through MM 66, extending the entire width of the Kentucky River.
Transit into and through this area is prohibited for all traffic
beginning September 7, 2024 and will continue through December 6, 2024.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters while the threat of
continued falling debris exists and repairs or demolition activities
exist. The COTP will terminate the enforcement of this safety zone
before December 6, 2024 if the bridge has been demolished or there is
no longer a hazard. Entry into this safety zone is prohibited unless
specifically authorized by the COTP or their designated representative.
A designated representative is a commissioned, warrant, or petty
officer of the U.S. Coast Guard assigned to units under the operational
control of USCG Sector Ohio Valley.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Marines, and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any enforcement.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 502-779-5422 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all lawful directions issued by the COTP or the 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, and
[[Page 74134]]
duration of the safety zone. COTP will end the safety zone as soon as
the hazard has been removed. This safety zone will restrict vessel
traffic from entering or transiting within a 0.5 mile area of navigable
waterways on the Kentucky River between MMs 65.5 and 66. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about enforcement of the zone, and the rule allows 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 a
substantial number of small entities.
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 This
rule involves a safety zone lasting 24 hours a day for 90 days that
will prohibit entry within a half mile stretch of the Kentucky River.
It is categorically excluded from further review under paragraph L60a
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
VI. 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-2024-0824 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 your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in the docket. To view documents mentioned in this
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 this 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
[[Page 74135]]
have provided. For more information 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
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.T08-0824 to read as follows:
Sec. 165.T08-0824 Safety Zone; Kentucky River, Frankfort, KY.
(a) Location. The following area is a safety zone: All navigable
waters of the Kentucky River from Mile Marker (MM) 65.5 to MM 66,
extending the entire width of the river.
(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. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 502-779-5422 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(c) Enforcement period. This section will be enforced 24 hours a
day from September 7, 2024 and will continue through December 6, 2024
or until the bridge is demolished or the hazard has been mitigated,
whichever occurs first.
Dated: September 6, 2024.
Heather. R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2024-20696 Filed 9-11-24; 8:45 am]
BILLING CODE 9110-04-P
