Safety Zone; Ohio River, Owensboro, KY

Citation84 FR 21302
Record Number2019-09852
Published date14 May 2019
CourtCoast Guard
Federal Register, Volume 84 Issue 93 (Tuesday, May 14, 2019)
[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
                [Proposed Rules]
                [Pages 21302-21304]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-09852]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2019-0301]
                RIN 1625-AA00
                Safety Zone; Ohio River, Owensboro, KY
                AGENCY: Coast Guard, DHS.
                ACTION: Notice of proposed rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is proposing to establish a temporary safety
                zone for all navigable waters of the Ohio River, extending the entire
                width of the river, from mile marker (MM) 756.3 to MM 757.3. This
                action is necessary to provide for the safety of life on these
                navigable waters near Owensboro, Kentucky, during the Owensboro
                Convention Center fireworks display on June 15, 2019. This proposed
                rulemaking would prohibit persons and vessels from being in the safety
                zone unless authorized by the Captain of the Ohio Valley 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 May 29, 2019.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2019-0301 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 MST2 Craig Colton, Sector Ohio
                Valley, U.S. Coast Guard; telephone 502-779-5334, 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 April 1, 2019, the City of Owensboro notified the Coast Guard
                that it will be conducting a fireworks display from 10 p.m. to 10:30
                p.m. on June 15, 2019, for a private event at the Owensboro Convention
                Center. The fireworks are to be launched from a barge in the Ohio River
                at approximately mile marker 756.8. 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 a Safety Zone is necessary to protect
                the public from potential hazards associated with the fireworks
                display.
                 The purpose of this rulemaking is to ensure the safety of persons,
                vessels, and the marine environment on the navigable waters of the Ohio
                River before, during, and after the Owensboro Convention Center
                Fireworks Display. The Coast Guard is proposing this rulemaking under
                authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
                 The Coast Guard encourages the public to participate in this
                proposed rulemaking through the comment process so that any necessary
                changes can be identified and implemented in a timely and efficient
                manner. The Coast Guard will address all public comments accordingly,
                whether through response, additional revision to the regulation, or
                otherwise.
                 The Coast Guard is issuing this notice of proposed rulemaking
                (NPRM) with a 15-day prior notice and opportunity to comment pursuant
                to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
                553). This provision authorizes an agency to publish a rule in less
                than 30 days before its effective date for ``good cause found and
                published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
                finds that good cause exists for publishing this NPRM with a 15-day
                comment period because it is impractical to provide a 30-day comment
                period. The proposed regulated area is necessary to ensure the safety
                of vessels and persons during the fireworks display. It is
                impracticable to publish an NPRM with a 30-day comment period because
                the safety zone must be established by June 15, 2019.
                III. Discussion of Proposed Rule
                 The COTP is proposing to establish a safety zone from mile marker
                (MM) 756.3 to MM 757.3 from 9 p.m. to 11 p.m. on June 15, 2019. The
                safety zone would cover all navigable waters of the Ohio River,
                extending the entire width of the river, between MM 756.3 and MM 757.3
                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. to 10:30 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. 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
                [[Page 21303]]
                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, duration, and time-of-day of the safety zone. This proposed
                safety zone restricts transit on a one-mile stretch of the Ohio River
                for two hours on one day. Moreover, the Coast Guard would issue
                Broadcast Notices to Mariners, Local Notices to Mariners, and Marine
                Safety Information Bulletins about this safety zone so that waterway
                users may plan accordingly for this short restriction on transit, and
                the rule would allow vessels to request permission to enter 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
                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 contact 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 contact 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 Commandant Instruction M16475.1D, 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 hours
                that would prohibit entry to a one-mile stretch of the Ohio River on
                one day. Normally such actions are categorically excluded from further
                review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
                Manual 023-01-001-01, Rev. 01. 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 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.
                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, contact 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 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
                [[Page 21304]]
                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.T08-0301 to read as follows:
                Sec. 165.T08-0301 Safety zone; Ohio River, Owensboro, KY.
                 (a) Location. All navigable waters of the Ohio River between mile
                markers (MM) 756.3 to MM 757.3 in Owensboro, KY.
                 (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.
                 (2) To seek permission to enter, contact the COTP or the COTP's
                representative by VHF-FM radio channel 16 or phone at 1-800-253-7465.
                Those in the safety zone must comply with all lawful orders or
                directions given to them by the COTP or the COTP's designated
                representative.
                 (c) Enforcement period. This temporary safety zone will be enforced
                from 9 p.m. to 11 p.m. June 15, 2019.
                 Dated: May 8, 2019.
                M.B. Zamperini,
                Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
                [FR Doc. 2019-09852 Filed 5-13-19; 8:45 am]
                 BILLING CODE 9110-04-P
                

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