[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21302-21304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09852]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0301]
RIN 1625-AA00
Safety Zone; Ohio River, Owensboro, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters of the Ohio River, extending the entire
width of the river, from mile marker (MM) 756.3 to MM 757.3. This
action is necessary to provide for the safety of life on these
navigable waters near Owensboro, Kentucky, during the Owensboro
Convention Center fireworks display on June 15, 2019. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Ohio Valley or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 29, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0301 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Craig Colton, Sector Ohio
Valley, U.S. Coast Guard; telephone 502-779-5334, 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
II. Background, Purpose, and Legal Basis
On April 1, 2019, the City of Owensboro notified the Coast Guard
that it will be conducting a fireworks display from 10 p.m. to 10:30
p.m. on June 15, 2019, for a private event at the Owensboro Convention
Center. The fireworks are to be launched from a barge in the Ohio River
at approximately mile marker 756.8. Hazards from firework displays
include accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. The Captain of the Port Sector Ohio
Valley (COTP) has determined that a Safety Zone is necessary to protect
the public from potential hazards associated with the fireworks
display.
The purpose of this rulemaking is to ensure the safety of persons,
vessels, and the marine environment on the navigable waters of the Ohio
River before, during, and after the Owensboro Convention Center
Fireworks Display. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. The proposed regulated area is necessary to ensure the safety
of vessels and persons during the fireworks display. It is
impracticable to publish an NPRM with a 30-day comment period because
the safety zone must be established by June 15, 2019.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from mile marker
(MM) 756.3 to MM 757.3 from 9 p.m. to 11 p.m. on June 15, 2019. The
safety zone would cover all navigable waters of the Ohio River,
extending the entire width of the river, between MM 756.3 and MM 757.3
in Owensboro, KY. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 10 p.m. to 10:30 p.m. fireworks display. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant
[[Page 21303]]
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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. This proposed
safety zone restricts transit on a one-mile stretch of the Ohio River
for two hours on one day. Moreover, the Coast Guard would issue
Broadcast Notices to Mariners, Local Notices to Mariners, and Marine
Safety Information Bulletins about this safety zone so that waterway
users may plan accordingly for this short restriction on transit, and
the rule would allow vessels to request permission to enter the
regulated area.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary
determination 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 proposed rule involves a safety zone lasting 2 hours
that would prohibit entry to a one-mile stretch of the Ohio River on
one day. Normally such actions are 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 preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
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for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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, 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.T08-0301 to read as follows:
Sec. 165.T08-0301 Safety zone; Ohio River, Owensboro, KY.
(a) Location. All navigable waters of the Ohio River between mile
markers (MM) 756.3 to MM 757.3 in Owensboro, KY.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channel 16 or phone at 1-800-253-7465.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(c) Enforcement period. This temporary safety zone will be enforced
from 9 p.m. to 11 p.m. June 15, 2019.
Dated: May 8, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-09852 Filed 5-13-19; 8:45 am]
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