[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Rules and Regulations]
[Pages 65997-65999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18176]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0094]
RIN 1625-AA00


Safety Zone; Kentucky River, Frankfort, KY

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all navigable waters of the Kentucky River extending from mile 
marker (MM) 65.5 to MM 66 near Frankfort, KY. This emergency safety 
zone is needed to protect life, vessels, and the marine environment due 
to stability concerns of the Broadway Bridge near MM 65.5. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.

DATES: This rule is effective without actual notice from August 14, 
2024, until September 6, 2024. For the purposes of enforcement, actual 
notice will be used from August 9, 2024, until August 14, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0094 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 about this rule, 
call or email Petty Officer Dalton Johnson, Sector Ohio Valley, U.S. 
Coast Guard; telephone 812-249-2619, 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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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 
and contrary to the public interest. On August 5, 2024, a 50-foot 
section of concrete walkway from the Broadway Bridge near MM 65.5 fell 
into the river, and continues to deteriorate, causing a hazard to 
navigation. The safety zone must be established immediately (as of 
August 9, 2024) to protect people and vessels from the concerns of 
further falling debris. Insufficient time exists to provide a 
reasonable comment period and then consider those comments before 
issuing the rule. This safety zone may include closures and/or 
navigation restrictions and requirements that are vital to maintaining 
safe navigation on the Kentucky River during response efforts and the 
hazards of falling debris. Therefore, delaying the effective date for 
this emergency safety zone to complete the NPRM process would also be 
contrary to the public interest as it would delay the safety measures 
vital to safe navigation.
    Also, 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 public interest because immediate action 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by the unstable bridge and falling 
debris.

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 Captain of the Port Sector Ohio 
Valley (COTP) has determined that potential hazards associated with 
falling debris from the Broadway Bridge, as is currently occurring, 
along with repairs and potential demolition activities beginning 
immediately, will be a safety concern for anyone within MM 65.5 to MM 
66 on the Kentucky River. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the threat of continued falling debris exists and 
repairs or demolition activities exist.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary emergency safety zone 
for all navigable waters on the Kentucky River from Mile Marker (MM) 
65.5 and MM 66, extending the entire width of the Kentucky River. 
Transit into and through this area is prohibited for all traffic 
beginning August 9, 2024, and will continue through September 6, 2024, 
or until the hazard has been mitigated. The duration of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters while the threat of continued falling debris 
exists and repairs or demolition activities exist. The COTP will 
terminate the enforcement of this safety zone before September 6, 2024, 
if the bridge has been demolished. Entry into this safety zone is 
prohibited unless specifically authorized by the COTP or their 
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.
    Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 502-779-5422 or 
can be reached by VHF-FM channel 16. Persons and vessels permitted to 
enter this safety zone must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or the 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

[[Page 65998]]

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This safety 
zone will restrict vessel traffic from entering or transiting within a 
0.5 mile area of navigable waterways on the Kentucky River between MMs 
65.5 and 66. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners 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 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 would 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 guides 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 24 hours a day for 28 days that will prohibit 
entry within a half mile stretch of the Kentucky River. This rule 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. We 
will prepare a Record of Environmental Consideration supporting this 
determination. It will be available in 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.

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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0094 to read as follows:


Sec.  165.T08-0094  Safety Zone; Kentucky River, Frankfort, KY.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Kentucky River from Mile Marker (MM) 65.5 to MM 66, 
extending the entire width of the river.
    (b) Enforcement period. This section will be enforced from August 
9, 2024, and will continue through September 6, 2024.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of

[[Page 65999]]

this part, you may not enter the safety zone described in paragraph (a) 
of this section unless authorized by the Captain of the Port Sector 
Ohio Valley (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) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 502-779-5422 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter the safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of any 
changes in the planned schedule.

    Dated: August 9, 2024.
M.D. Winland,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio 
Valley.
[FR Doc. 2024-18176 Filed 8-9-24; 4:15 pm]
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