[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Proposed Rules]
[Pages 27341-27342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09161]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0222]
RIN 1625-AA08
Special Local Regulation; Ohio River, Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for all navigable waters of the Ohio River from mile
marker (MM) 597.0-605. This action is necessary to provide for the
safety of life on these navigable waters near Louisville, KY, during a
steamboat race. Entry into, transiting through, or anchoring within
this regulated area is prohibited unless authorized by the Captain of
the Port Sector Ohio Valley (COTP) or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 8, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0222 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST3 Riley Jackson, Waterways Department Sector Ohio
Valley, U.S. Coast Guard; telephone 502-779-5347, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port Sector Ohio Valley
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, Purpose, and Legal Basis
Due to COVID-19, the Kentucky Derby Festival notified the Coast
Guard that it will be conducting the Great Steamboat Race from 5:30
p.m. to 8 p.m. on September 2, 2020. The Captain of the Port Sector
Ohio Valley (COTP) has determined that potential hazards associated
with the race would be a safety concern for anyone within the regulated
area.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within an 8-mile stretch of the Ohio River,
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041(a).
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary special local
regulation from 5:30 p.m. to 8 p.m. on September 2, 2020. The temporary
special local regulation would cover all navigable waters from Mile
Marker 597.0 through MM 605.0. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the steamboat race. No vessel or person would be permitted to
enter the regulated area without obtaining permission from the COTP or
a designated representative. The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the special local regulation. The special
local regulation would only be in effect for 2.5 hours and limit access
to an eight-mile stretch of the Ohio River. The Coast Guard expects
minimum adverse impact to mariners. Also, mariners would be permitted
to request authorization from the COTP or a designated representative
to transit the regulated area.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
[[Page 27342]]
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone lasting 2.5 hours that would prohibit entry within an 8-mile
stretch of the Ohio River. Normally such actions are categorically
excluded from further review under paragraph L(61) of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T08-0222 to read as follows:
Sec. 100.35T08-0222 Special Local Regulation; Ohio River, Louisville,
KY.
(a) Regulated Area. All navigable waters of the Ohio River from
mile marker (MM) 597.0-605.0 in Louisville, KY.
(b) Enforcement period. This section will be enforced from 5:30
p.m. to 8 p.m. on September 2, 2020. The Captain of the Port Sector
Ohio Valley (COTP) or a designated representative will inform the
public through broadcast notice to mariners of the enforcement period
for the special local regulation.
(c) Special local regulations.
(1) In accordance with the general regulations in Sec. 100 of this
part, entry into this area is prohibited unless authorized by the COTP
or a designated representative.
(2) The COTP may terminate the event or the operation of any vessel
at any time it is deemed necessary for the protection of life or
property.
(3) All other persons or vessels desiring entry into or passage
through the area must request permission from the COTP or a designated
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on
VHF Channel 13 or 16, or at 1-800-253-7465.
Dated: April 23, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-09161 Filed 5-7-20; 8:45 am]
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