[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Rules and Regulations]
[Pages 13526-13528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06718]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0163]
RIN 1625-AA08


Special Local Regulation; Ohio River, Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all navigable waters of the Ohio River from mile marker (MM) 597.0 to 
MM 607.0. This action is necessary to provide for the safety of life on 
these navigable waters near Louisville, KY, during the ``Thunder over 
Louisville'' event. Entry into, transiting through, or anchoring within 
this regulated area is prohibited unless authorized by the Captain of 
the Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 11 a.m. on April 12, 2019 through 
11:59 p.m. on April 13, 2019. The rule will be enforced from 11 a.m. 
through 6 p.m. on April 12, 2019, and from noon through 11:59 p.m. on 
April 13, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0163 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 Joshua Herriott, Waterways Department Sector Ohio 
Valley, U.S. Coast Guard; telephone 502-779-5343, 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

[[Page 13527]]

II. Background Information and Regulatory History

    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 an NPRM with respect to this rule 
because it is impracticable. We must establish this special local 
regulation by April 12, 2019 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    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 necessary to prevent possible loss of life and property.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041(a). The COTP has determined that potential hazards associated 
with ``Thunder over Louisville'' event will present a safety concern on 
all navigable waters of the Ohio River extending from mile marker (MM) 
597.0 to MM 607.0. The purpose of this rule is to ensure the safety of 
life and vessels on these navigable waters before, during, and after 
the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation that 
will be enforced from 11 a.m. to 6 p.m. on April 12, 2019 and from noon 
to 11:59 p.m. on April 13, 2019. The temporary special local regulation 
will cover all navigable waters of the Ohio River from MM 597.0 to MM 
607.0. The duration of the special local regulation is intended to 
ensure the safety of waterway users on these navigable waters before, 
during, and after the scheduled event. No vessel or person is permitted 
to enter the special local regulated area without obtaining permission 
from the COTP or a designated representative. All persons or vessels 
desiring entry into or passage through the area must request permission 
from the COTP or a designated representative. U.S. Coast Guard Sector 
Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.
    Recreational vessels are permitted to transit the regulated area, 
but are restricted to the Indiana side of the navigation channel. There 
shall be no anchoring or loitering in the navigation channel. There is 
a no-entry zone starting at Ohio River Mile Marker (MM) 602.7 through 
MM 607.0. Recreational vessels transiting into and away from this area 
are restricted to the slowest safe speed creating minimum wake.
    The COTP may terminate the event or the operation of any vessel at 
any time it is deemed necessary for the protection of life or property.

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 special local regulation. 
This rule impacts ten miles of the Ohio River over two days. Entry into 
the regulated area will be prohibited from 11 a.m. through 6 p.m. on 
April 12, 2019 and from noon through 11:59 p.m. on April 13, 2019 from 
Ohio River MM 597.0 to MM 607.0, unless authorized by the COTP or a 
designated representative. Moreover, the Coast Guard will issue written 
Local Notice to Mariners and Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the temporary special local regulation that is 
in place.

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 this 
temporary special local regulation, 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

[[Page 13528]]

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 special local regulated area lasting seven hours on 
April 12, 2019 and approximately 12 hours on April 13, 2019 on all 
navigable waters extending ten miles of the Ohio River. It is 
categorically excluded from further review under paragraph L61 of 
Figure 2-1 of the Commandant Instruction. 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.35T08-0163 to read as follows:


Sec.  100.35T08-0163  Special Local Regulation; Ohio River, Louisville, 
KY.

    (a) Location. All navigable waters of the Ohio River from mile 
marker (MM) 597.0 to MM 607.0 in Louisville, KY.
    (b) Effective period. This section is effective from 11 a.m. on 
April 12, 2019 through 11:59 p.m. on April 13, 2019.
    (c) Enforcement period. The section will be enforced from 11 a.m. 
through 6 p.m. on April 12, 2019, and from noon through 11:59 p.m. on 
April 13, 2019.
    (d) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.35, entry into this area is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.
    (2) Recreational vessels are permitted to transit the regulated 
area, but are restricted to the Indiana side of the navigation channel. 
There shall be no anchoring or loitering in the navigation channel. 
There is a no-entry zone starting at Ohio River Mile Marker (MM) 602.7 
through MM 607.0. Recreational vessels transiting into and away from 
this area are restricted to the slowest safe speed creating minimum 
wake.
    (3) The COTP may terminate the event or the operation of any vessel 
at any time it is deemed necessary for the protection of life or 
property.
    (4) All persons or vessels desiring entry into or passage through 
the area must request permission from the COTP or a designated 
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on 
VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: March 29, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-06718 Filed 4-4-19; 8:45 am]
 BILLING CODE 9110-04-P