[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36924-36926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15932]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0198]
RIN 1625-AA00
Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5;
Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River between mile 618.5 and mile 619.5 on June
27, 2015. This safety zone is needed to protect persons, property, and
infrastructure from potential damage and safety hazards associated with
the Riverview Park Independence Festival firework display. 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 and will be enforced through actual
notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0198]. 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 Cody 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
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
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. Providing a full 30 days notice is
unnecessary and contrary to the public interest as it would delay the
effectiveness of the temporary safety zone until after the planned
fireworks event. Immediate action is needed to protect vessels and
mariners from the safety hazards associated with aerial fireworks
displays over a waterway when large concentrations of spectators and
vessel traffic are expected. The Coast Guard will give actual notice to
the public and maritime community that the safety zone will be in
effect and of the enforcement period via broadcast notices to mariners
(BNM).
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. Immediate action is needed to
protect vessels and mariners from the safety hazards associated with
aerial fireworks displays over a waterway when large concentrations of
spectators are expected. The Coast Guard will give actual notice to the
public and maritime community that the safety zone will be in effect
and of the enforcement period via BNM.
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 safety zone is to protect life and property
from the hazards associated with and resulting from the Riverview Park
Independence Festival firework display. The rule is necessary due to
significant safety hazards associated with an aerial fireworks display
over the waterway
[[Page 36925]]
when a large concentration of spectators and vessel traffic are
expected. Establishing the safety zone to extend from mile 618.5 to
mile 619.5 on the Ohio River is necessary for the Coast Guard to
maintain navigational safety on the river.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary safety zone on the Ohio
River between mile 618.5 and mile 619.5, extending the entire width of
the Ohio River. Transit into and through this area is prohibited
beginning at 10:00 p.m. through 10:30 p.m. on June 27, 2015 or until
the Riverview Park Independence Festival firework display has
concluded, whichever occurs earlier. 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 1-800-253-7465 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 618.5 to mile 619.5. The safety zone will be established for less
than one hour. Due to the limited scope and short duration of the
temporary safety zone, the impacts on routine navigation are expected
to be minimal.
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 10:00 p.m. to 10:30 p.m. on June 27, 2015. This
temporary safety zone will not have a significant economic impact on a
substantial number of small entities due to its limited scope and short
duration. Additionally, 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, local notice to mariners, 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 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
[[Page 36926]]
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.
Because this safety zone is established in response to a temporary
situation and is less than one week in duration, an environmental
analysis checklist and a categorical exclusion determination are not
required.
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: 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.T08-0198 is added to read as follows:
Sec. 165.T08-0198 Safety Zone; Ohio River between mile 618.5 and mile
619.5, Louisville, KY.
(a) Location. The following area is a safety zone: All waters of
the Ohio River between mile 618.5 and mile 619.5, Louisville, KY,
extending the entire width of the Ohio River.
(b) Effective dates. This safety zone is effective and will be
enforced through actual notice from 10:00 p.m. through 10:30 p.m. on
June 27, 2015.
(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 pass 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 1-800-253-7465.
(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 temporary safety zone as
well as any changes in the dates and times of enforcement.
Dated: June 9, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15932 Filed 6-26-15; 8:45 am]
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