[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15950-15952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07717]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0260]
RIN 1625-AA00


Safety Zone; Cumberland River, Canton, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a one-half mile of the US 68/KY 80 Lake Barkley 
Bridge--Henry R. Lawrence Memorial Bridge in Canton, KY. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the demolition of the 
bridge. Entry of vessels or persons into this zone is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley or a 
designated representative.

DATES: This rule is effective without actual notice from April 13, 2018 
through 6 a.m. on April 14, 2018. For the purposes of enforcement, 
actual notice will be used from 6 a.m. on April 11, 2018 through April 
13, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0260 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Joseph Stranc, Marine Safety Unit Paducah 
Waterways Division, U.S. Coast Guard; telephone 270-442-1621 ext. 2124, 
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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 because it would be impracticable. On March 
21, 2018, the Coast Guard was notified of the need for bridge 
demolition operations on the Cumberland River. This safety zone must be 
established by April 11, 2018 and we lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing this rule. The NPRM process would delay the establishment of 
the safety zone until after the dates of the bridge demolition and 
compromise public safety.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to public interest 
because immediate action is needed to ensure safety of persons and 
vessels during the bridge demolition.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with bridge demolition beginning on 
April 11, 2018 will be a safety concern for anyone within a one-half 
mile radius of the bridge. The purpose of this rule is to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the bridge is being demolished.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6 a.m. on April 11, 2018 
through 6 a.m. on April 14, 2018. The safety zone will cover all 
navigable waters of the Cumberland River between miles 62.6 and 63.6. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters while the bridge is 
being demolished. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. They may be contacted via VHF-FM marine channel 16 or 
by telephone at 270-217-0959. If permission is granted, all persons and 
vessels shall comply with the instructions of the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public through Broadcast Notices to Mariners (BNMs) via VHF-FM marine 
channel 16 about the enforcement period for the safety zone, as well as 
any changes in the dates and times of enforcement.

V. 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 and Executive orders, and we 
discuss First Amendment rights of protestors.

[[Page 15951]]

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 zone. This rule establishes a temporary 
safety zone, limiting access to a one-mile section of the Cumberland 
River, miles 62.6 to 63.6, during bridge demolition and clean-up 
operations occurring over a 3-day period.

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 rule 
will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

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 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 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 involves 
a safety zone lasting three days that will prohibit entry within one-
mile stretch of the Cumberland River. It is categorically excluded from 
further review under paragraph L 60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.

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. Add Sec.  165.T08-0260 to read as follows:


Sec.  165.T08-0260   Safety Zone; Cumberland River, Canton, KY.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Cumberland River between miles 62.6 and 63.6, extending 
the entire width of the river.
    (b) Enforcement period. This section will be enforced from 6 a.m. 
on April 11, 2018 through 6 a.m. on April 14, 2018, or until the bridge 
demolition operation and cleanup of the main

[[Page 15952]]

navigable channel is complete, whichever occurs first.
    (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 Sector Ohio Valley (COTP) or a designated 
representative.
    (2) 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 via VHF-FM marine channel 16 or 
by telephone at 270-217-0959.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners (BNMs) of the enforcement period for this safety zone as well 
as any changes in the dates and times of enforcement.

    Dated: April 9, 2018.
M.B. Zamperini
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-07717 Filed 4-12-18; 8:45 am]
 BILLING CODE 9110-04-P