[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Rules and Regulations]
[Pages 60267-60269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21626]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2022-0796]
RIN 1625-AA00


Safety Zone; Green River, Henderson, KY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters from Mile Marker 7.0 to 9.0 on the Green River, 
outside of Henderson, KY. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the bridge demolition. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Ohio Valley.

DATES: This rule is effective without actual notice from October 5, 
2022, through 6 p.m. October 31, 2022. For the purposes of enforcement, 
actual notice will be used from 6 a.m. October 3, 2022, through October 
5, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0796 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer William Miller, Sector Ohio Valley, U.S. 
Coast Guard; telephone 502-779-5347, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port 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 (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 demolition is planned for the US 60 
East bridge across Green River, and a date was not decided until 
recently. It is impracticable to publish an NPRM because we must 
establish this safety zone by October 3, 2022.
    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 is impracticable because immediate action is needed to 
protect personnel and vessels from potential safety hazards associated 
with the demolition of the US 60 East Green River Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The

[[Page 60268]]

Captain of the Port Ohio Valley (COTP) has determined that potential 
hazards associated with the bridge demolition starting October 3, 2022, 
will be a safety concern for anyone within Mile Marker (MM) 7.0 to MM 
9.0 of the Green River. This rule is needed 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 October 3rd, 
2022, through 6 p.m. on October 31st, 2022. The safety zone will cover 
all navigable waters within MM 7.0 to MM 9.0 of the Green River. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the bridge is being 
repaired. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.

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. 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.
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. Vessel traffic 
will be allowed to transit safely when the closure is not in effect, 
and will only be stopped for short periods while bridge demolition is 
underway, as well as during cleanup of any debris fallout that may 
cause a hazard to navigation. Specific dates of closure will be listed 
in the Broadcast Notice to Mariners closer to the date of the 
demolition.

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 will affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 lasting 28 days that will prohibit entry within 
MM 7.0 to MM 9.0 on the Green River, while operations involving 
demolition and cleanup are underway. It is categorically excluded from 
further review under paragraph L60(d) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination will be produced in the 
docket the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

[[Page 60269]]

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: 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0796 to read as follows:


Sec.  165.T08-0796  Safety Zone; Green River, Henderson, KY.

    (a) Location. The following area is a safety zone: All waters of 
the Green River, from surface to bottom, from Mile Marker 7.0 to Mile 
Marker 9.0.
    (b) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23, you may not enter the safety zone described in paragraph 
(a) of this section unless authorized by the Captain of the Port Ohio 
River (COTP) or the COTP's designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard (USCG) assigned to units under the operational control of 
USCG Sector Ohio Valley.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via Channel 16 on VHF radio. 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 section will be enforced from 6 a.m. 
October 3, 2022, to 6 p.m. October 31, 2022.

    Dated: September 28, 2022.
Heather R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2022-21626 Filed 10-4-22; 8:45 am]
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