[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30551-30553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14020]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0239]
RIN 1625-AA00


Safety Zone; Tennessee River, Gilbertsville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Tennessee River. This action is necessary to 
provide for the safety of life on these navigable waters near the 
Kentucky Dam Marina, Gilbertsville, KY, during a fireworks display. 
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 from 6:50 p.m. through 10:10 p.m. on June 
30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0239 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 MST3 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

[[Page 30552]]

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

    On January 17, 2018, the Kentucky Dam Marina notified the Coast 
Guard that it would be conducting a fireworks display from 7 p.m. 
through 10 p.m. on June 30, 2018. The fireworks are to be launched from 
the break wall of Kentucky Dam Marina. In response, on April 26, 2018, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Tennessee River, Gilbertsville, KY (83 FR 18241). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended May 29, 2018, we received no comments.
    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 contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with this fireworks display.

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 the fireworks to be used in this 
June 30, 2018 display will be a safety concern for anyone within a 350-
foot radius from the fireworks launch site on the Kentucky Dam Marina 
break wall in Gilbertsville, KY. Hazards from firework displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
26, 2018. However, we have noticed an error in the title of the 
proposed rule, which included ``Ohio'' River, instead of ``Tennessee'' 
River. The regulatory text of this rule corrects an error in the title 
of the regulatory text of this temporary final rule.
    This rule establishes a temporary safety zone from 6:50 p.m. 
through 10:10 p.m. on June 30, 2018. The safety zone will cover all 
navigable waters within a 350-foot radius from the fireworks launch 
site on the Kentucky Dam Marina break wall in Gilbertsville, KY. The 
duration of the zone is intended to ensure the safety of vessels on 
these navigable waters before, during, and after the scheduled 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the 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 Channel 16 or by phone 
at 1-800-253-7465. If permission is granted, all persons and vessels 
must transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or a designated representative. The COTP 
or a designated representative will inform the public through Broadcast 
Notice to Mariners (BNMs) of the enforcement period for the safety zone 
as well as the date and time 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.

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, duration and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone, which will 
impact a 350-foot designated area of the Tennessee River for 
approximately three hours on one evening. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine 
channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the 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 received no comments from the Small Business 
Administration on this 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.
    While some owners or operators of vessels intending to transit the 
temporary 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).

[[Page 30553]]

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.

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 approximately three hours that will prohibit entry 
within 350 feet of a break wall at Kentucky Dam Marina in 
Gilbertsville, KY. It is 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 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.T08-0239 to read as follows:


Sec.  165.T08-0239   Safety Zone; Tennessee River, Gilbertsville, KY.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Tennessee River at mile marker (MM) 23 within a 350-foot 
radius from the fireworks launch site on the Kentucky Dam Marina break 
wall in Gilbertsville, KY.
    (b) Effective date. This section is effective from 6:50 p.m. 
through 10:10 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23 of this part, 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 on VHF-FM Channel 16 or by phone 
at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels must transit 
at their 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 Notice to 
Mariners (BNMs) of the enforcement period for the safety zone as well 
as the date and time of enforcement.

    Dated: June 19, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-14020 Filed 6-28-18; 8:45 am]
 BILLING CODE 9110-04-P