[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36916-36918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15927]
[[Page 36916]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0505]
RIN 1625-AA00
Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville,
KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River between mile 603.4 and 605.4. This
temporary safety zone is needed to protect persons, property, and
infrastructure from potential damage and safety hazards associated with
maintenance work on the Louisville and Indiana Railroad Bridge (L&I RR
Bridge). Deviation from the safety zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Ohio Valley
or a designated representative.
DATES: This rule is effective without actual notice from June 29, 2015
until July 7, 2015. For purposes of enforcement, actual notice will be
used from June 9, 2015 until June 29, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0505]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer James C. Robinson, U.S. Coast Guard;
telephone 502-779-5347, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. On June 9, June 10, June 16, June 17, June
23, 2015 and July 7, 2015, maintenance on the L&I RR Bridge will take
place. The Coast Guard determined that immediate action is necessary to
establish a temporary safety zone to protect life and property from the
hazards associated with and resulting from maintenance being performed
on the L&I RR Bridge.
This safety zone may include closures and/or navigation
restrictions and requirements that are vital to maintaining safe
navigation on the Ohio River during maintenance operations on the L&I
RR Bridge. Therefore, delaying the effective date for this emergency
safety zone to complete the NPRM process would be contrary to the
public interest as it would delay the safety measures vital to safe
navigation. Broadcast Notices to Mariners (BNM) and information sharing
with the waterway users will update mariners of the restrictions,
requirements, and enforcement times during this emergency situation.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this emergency rule effective
less than 30 days after publication in the Federal Register. Providing
30 days notice would be contrary to public interest because immediate
action is needed to protect life and property from the hazards
associated with and resulting from maintenance on the L&I RR Bridge.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
The purpose of this temporary safety zone is to protect life and
property from the hazards associated with and resulting from the
maintenance on the L&I RR Bridge. The maintenance on the L&I RR Bridge
poses significant safety hazards to vessels and mariners operating in
the area. Establishing the safety zone to extend from mile 603.4 to
mile 605.4 on the Ohio River is necessary for the Coast Guard to
maintain navigational safety.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary safety zone for all
vessel traffic on the Ohio River between mile 603.4 and mile 605.4,
extending the entire width of the Ohio River. Maintenance on the bridge
is expected to occur from 7:00 a.m. to 1:00 p.m. on 6/9/2015, 7:00 a.m.
to 1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00
a.m. to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015,
and 7:00 a.m. to 10:00 p.m. on 7/07/2015, unless it is completed
earlier. The COTP, or a designated representative will provide
information as to when the safety zone if effective, based on
information received for when the maintenance is taking place.
Deviation from this temporary safety zone is prohibited unless
specifically authorized by the COTP Ohio Valley, or a designated
representative. Deviation requests will be considered and reviewed on a
case-by-case basis. The COTP Ohio Valley may be contacted by telephone
at 1-502-779-5424 or can be reached by VHF-FM channel 16.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule establishes a
temporary safety zone for vessels on all waters of the Ohio River from
mile 603.4 to mile 605.4. Notifications of enforcement times will be
[[Page 36917]]
communicated to the marine community via BNM and through local notice
to mariners (LNM). The impacts on navigation will be limited to
ensuring the safety of mariners and vessels associated with hazards
associated with the maintenance on the L&I RR Bridge.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Ohio River, from 7:00 a.m. to 1:00 p.m. on 6/09/2015, 7:00 a.m. to
1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00 a.m.
to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015, and
7:00 a.m. to 10:00 p.m. on 7/07/2015 or until maintenance on the L&I RR
Bridge is complete, whichever occurs earlier. This temporary safety
zone will not have a significant economic impact on a substantial
number of small entities because maintenance work is only expected to
be done during certain hours. Requests to deviate from the rule will be
considered on a case-by-case basis. Notifications to the marine
community will be made through BNM, LNM, and communications with local
waterway users. Notices of changes to the safety zone and effective
times will also be made.
3. Assistance for 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist and a categorical exclusion
determination will be made available as indicated under the ADDRESSES
section. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 36918]]
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-0505 is added to read as follows:
Sec. 165.T08-0505 Safety Zone; Ohio River between mile 603.4 and
605.4, Louisville, KY.
(a) Location. The following area is a safety zone: All waters of
the Ohio River between mile 603.4 and mile 605.4, Louisville, KY,
extending the entire width of the Ohio River.
(b) Effective dates. This safety zone is effective and enforceable
with actual notice from June 9, 2015 to July 7, 2015 or until
maintenance on the L&I RR Bridge is complete, whichever occurs earlier.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port (COTP) Ohio Valley or a designated
representative.
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the COTP Ohio Valley or a
designated representative. They may be contacted on VHF-FM channel 16
or by telephone at 1-502-5424.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Ohio Valley or designated
representative.
(d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the emergency safety zone as
well as any changes in the dates and times of enforcement.
Dated: June 8, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15927 Filed 6-26-15; 8:45 am]
BILLING CODE 9110-04-P