[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7288-7290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03832]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0127]
RIN 1625-AA00
Safety Zone; Cumberland River, Kentucky
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters between mile marker 0.0 and mile marker 3.0 of the
Cumberland River in Smithland, Kentucky. The safety zone is needed to
protect personnel, vessels, and personal property from potential
hazards created by vessel wake during a high water event. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative.
DATES: This rule is effective without actual notice from March 4, 2019
until March 15, 2019. For the purposes of enforcement, actual notice
will be used from February 26, 2019 until March 4, 2019. This rule will
be enforced from February 26, 2019 to March 15, 2019, unless the lower
gauge at Smithland Lock and Dam falls below 50 feet, in which case the
enforcement of this rule will be terminated.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0127 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 MST2 Dylan Caikowski, Marine Safety Unit Paducah, U.S.
Coast Guard; telephone 270-442-1621 ext. 2120, 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 is impracticable. We must
establish this emergency safety zone by February 26, 2019 to ensure the
safety of residents and the protection of personal property near the
riverfront in Smithland, Kentucky during a high water event.
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 delaying the
effective period will compromise the safety of residents, vessels, and
personal property near the riverfront of Smithland, Kentucky during a
high water event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
a safety zone is needed to protect personnel, vessels, and personal
property from potential hazards created by vessel wake during a high
water event.
IV. Discussion of the Rule
This rule establishes a safety zone from February 26, 2019 to March
15, 2019 or when the lower gauge at Smithland Lock and Dam falls below
50 feet, whichever occurs first. The safety zone will cover all
navigable waters between mile marker 0.0 and mile marker 3.0 of the
Cumberland River in Smithland, Kentucky. The duration of the zone is
intended to protect personnel, vessels, and the personal property in
these navigable waters during the high water event. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of any changes in the planned schedule.
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
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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,
duration, and location of the safety zone. This safety zone will only
be enforced for 18 days on a three-mile stretch of the Cumberland River
near Smithland, Kentucky, while the area is experiencing a high water
event. The enforcement of the zone will be terminated once the lower
gauge at Smithland Lock and Dam falls below 50 feet, whichever occurs
first. While entry is prohibited, vessels may request permission from
the COTP or a designated representative 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 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).
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 temporary safety zone that will cover all navigable waters between
mile marker 0.0 and mile marker 3.0 of the Cumberland River in
Smithland, Kentucky. The safety zone is intended to protect personnel,
vessels, and personal property in these navigable waters during a high
water event. 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 record
keeping 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: 46 U.S.C. 70034; 46 U.S.C. 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.T08-0127 to read as follows:
Sec. 165.T08-0127 Safety Zone; Cumberland River, Smithland, KY.
(a) Location. The safety zone will encompass all waters of the
Cumberland River between mile marker 0.0 and mile marker 3.0.
(b) Effective dates. This section is effective without actual
notice from March 4, 2019 until March 15, 2019. For the purposes of
enforcement, actual notice will be used from February 26, 2019 until
March 4, 2019.
[[Page 7290]]
(c) Period of enforcement. This section will be enforced from
February 26, 2019 to March 15, 2019, unless the lower gauge at
Smithland Lock and Dam falls below 50 feet, in which case the
enforcement of this rule will be terminated.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port Sector Ohio Valley (COTP)
or a designated representative.
(2) Persons or vessels desiring entry to or passage through the
safety zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at 502-779-5400.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of any changes in the planned schedule.
Dated: February 26, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-03832 Filed 3-1-19; 8:45 am]
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