[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]



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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.

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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

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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

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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