[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Proposed Rules]
[Pages 57666-57668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23479]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0820]
RIN 1625-AA00
Safety Zone; Ohio River, Owensboro, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a temporary safety zone for all
navigable waters of the Ohio River, extending the entire width of the
river, from mile marker (MM) 756.4 to MM 757.4 in Owensboro, KY. This
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display.
Entry into, transiting through or anchoring within this zone would be
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 November 27, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0820 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 about this
proposed rulemaking, call or email Petty Officer Riley Jackson, Coast
Guard Sector Ohio Valley, Louisville, KY; telephone (502)779-5347 or
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On September 9, 2019, the River View Coal, LLC notified the Coast
Guard that it will be conducting a fireworks display from 10 p.m.
through 11 p.m. on January 18, 2020, to celebrate the previous year.
The fireworks are to be launched from a barge in the Ohio River,
between mile marker (MM) 756.4 and MM 757.4 in Owensboro, KY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Sector Ohio Valley (COTP) has determined that
potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone in the fallout radius.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the 1-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. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 10 p.m.
through 11 p.m. on January 18, 2020. The safety zone would cover the
entire width of the Ohio River from Mile Marker (MM) 756.4 to MM 757.4
in Owensboro, KY. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 10 p.m. through 11 p.m. fireworks display. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking.
[[Page 57667]]
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 safety zone. The temporary safety zone
would only be in effect for one hour and limit access to a one-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 temporary safety 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
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
safety zone 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.
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 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 one hour that would prohibit entry within a 1-mile stretch
of the Ohio River. Normally such actions are categorically excluded
from further review under paragraph L(60a) in Table 3-1 of U.S. Coast
Guard Environmental Planning Implementing Procedures. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. 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.
[[Page 57668]]
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 the
docket, visit https://www.regulations.gov/privacyNotice.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0820 to read as follows:
Sec. 165.T08-0820 Safety zone; Ohio River, Owensboro, KY.
(a) Location. All navigable waters of the Ohio River between mile
marker (MM) 756.4 to MM 757.4 in Owensboro, KY.
(b) Period of enforcement. This section will be enforced from 10
p.m. through 11 p.m. on January 18, 2020.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative. Persons or vessels desiring to enter into or
pass through the zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM radio
channel 16 or phone at 1-800-253-7465.
(2) Persons and vessels permitted to enter this safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners and the Local Notice to Mariners of the enforcement period for
the temporary safety zone as well as any changes in the planned
schedule.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-23479 Filed 10-25-19; 8:45 am]
BILLING CODE 9110-04-P