80_FR_37040 80 FR 36916 - Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville, KY

80 FR 36916 - Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36916-36918
FR Document2015-15927

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River between mile 603.4 and 605.4. This temporary safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with maintenance work on the Louisville and Indiana Railroad Bridge (L&I RR Bridge). Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015)
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36916-36918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15927]



[[Page 36916]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0505]
RIN 1625-AA00


Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville, 
KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River between mile 603.4 and 605.4. This 
temporary safety zone is needed to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
maintenance work on the Louisville and Indiana Railroad Bridge (L&I RR 
Bridge). Deviation from the safety zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Ohio Valley 
or a designated representative.

DATES: This rule is effective without actual notice from June 29, 2015 
until July 7, 2015. For purposes of enforcement, actual notice will be 
used from June 9, 2015 until June 29, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0505]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer James C. Robinson, U.S. Coast Guard; 
telephone 502-779-5347, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    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 a notice of proposed rulemaking (NPRM) 
with respect to this rule. On June 9, June 10, June 16, June 17, June 
23, 2015 and July 7, 2015, maintenance on the L&I RR Bridge will take 
place. The Coast Guard determined that immediate action is necessary to 
establish a temporary safety zone to protect life and property from the 
hazards associated with and resulting from maintenance being performed 
on the L&I RR Bridge.
    This safety zone may include closures and/or navigation 
restrictions and requirements that are vital to maintaining safe 
navigation on the Ohio River during maintenance operations on the L&I 
RR Bridge. Therefore, delaying the effective date for this emergency 
safety zone to complete the NPRM process would be contrary to the 
public interest as it would delay the safety measures vital to safe 
navigation. Broadcast Notices to Mariners (BNM) and information sharing 
with the waterway users will update mariners of the restrictions, 
requirements, and enforcement times during this emergency situation.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this emergency rule effective 
less than 30 days after publication in the Federal Register. Providing 
30 days notice would be contrary to public interest because immediate 
action is needed to protect life and property from the hazards 
associated with and resulting from maintenance on the L&I RR Bridge.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of this temporary safety zone is to protect life and 
property from the hazards associated with and resulting from the 
maintenance on the L&I RR Bridge. The maintenance on the L&I RR Bridge 
poses significant safety hazards to vessels and mariners operating in 
the area. Establishing the safety zone to extend from mile 603.4 to 
mile 605.4 on the Ohio River is necessary for the Coast Guard to 
maintain navigational safety.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone for all 
vessel traffic on the Ohio River between mile 603.4 and mile 605.4, 
extending the entire width of the Ohio River. Maintenance on the bridge 
is expected to occur from 7:00 a.m. to 1:00 p.m. on 6/9/2015, 7:00 a.m. 
to 1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00 
a.m. to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015, 
and 7:00 a.m. to 10:00 p.m. on 7/07/2015, unless it is completed 
earlier. The COTP, or a designated representative will provide 
information as to when the safety zone if effective, based on 
information received for when the maintenance is taking place. 
Deviation from this temporary safety zone is prohibited unless 
specifically authorized by the COTP Ohio Valley, or a designated 
representative. Deviation requests will be considered and reviewed on a 
case-by-case basis. The COTP Ohio Valley may be contacted by telephone 
at 1-502-779-5424 or can be reached by VHF-FM channel 16.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule establishes a 
temporary safety zone for vessels on all waters of the Ohio River from 
mile 603.4 to mile 605.4. Notifications of enforcement times will be

[[Page 36917]]

communicated to the marine community via BNM and through local notice 
to mariners (LNM). The impacts on navigation will be limited to 
ensuring the safety of mariners and vessels associated with hazards 
associated with the maintenance on the L&I RR Bridge.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Ohio River, from 7:00 a.m. to 1:00 p.m. on 6/09/2015, 7:00 a.m. to 
1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00 a.m. 
to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015, and 
7:00 a.m. to 10:00 p.m. on 7/07/2015 or until maintenance on the L&I RR 
Bridge is complete, whichever occurs earlier. This temporary safety 
zone will not have a significant economic impact on a substantial 
number of small entities because maintenance work is only expected to 
be done during certain hours. Requests to deviate from the rule will be 
considered on a case-by-case basis. Notifications to the marine 
community will be made through BNM, LNM, and communications with local 
waterway users. Notices of changes to the safety zone and effective 
times will also be made.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination will be made available as indicated under the ADDRESSES 
section. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 36918]]

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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. A new temporary Sec.  165.T08-0505 is added to read as follows:


Sec.  165.T08-0505  Safety Zone; Ohio River between mile 603.4 and 
605.4, Louisville, KY.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River between mile 603.4 and mile 605.4, Louisville, KY, 
extending the entire width of the Ohio River.
    (b) Effective dates. This safety zone is effective and enforceable 
with actual notice from June 9, 2015 to July 7, 2015 or until 
maintenance on the L&I RR Bridge is complete, whichever occurs earlier.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port (COTP) Ohio Valley or a designated 
representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the COTP Ohio Valley or a 
designated representative. They may be contacted on VHF-FM channel 16 
or by telephone at 1-502-5424.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP Ohio Valley or designated 
representative.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the emergency safety zone as 
well as any changes in the dates and times of enforcement.

    Dated: June 8, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15927 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                36916               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                DEPARTMENT OF HOMELAND                                  FR Federal Register                                      The purpose of this temporary safety
                                                SECURITY                                                LNM Local Notice to Mariners                           zone is to protect life and property from
                                                                                                        MM Mile Marker                                         the hazards associated with and
                                                Coast Guard                                             NPRM Notice of Proposed Rulemaking                     resulting from the maintenance on the
                                                                                                        A. Regulatory History and Information                  L&I RR Bridge. The maintenance on the
                                                33 CFR Part 165                                                                                                L&I RR Bridge poses significant safety
                                                                                                           The Coast Guard is issuing this
                                                [Docket Number USCG–2015–0505]
                                                                                                                                                               hazards to vessels and mariners
                                                                                                        temporary final rule without prior
                                                                                                                                                               operating in the area. Establishing the
                                                RIN 1625–AA00                                           notice and opportunity to comment
                                                                                                                                                               safety zone to extend from mile 603.4 to
                                                                                                        pursuant to authority under section 4(a)
                                                                                                                                                               mile 605.4 on the Ohio River is
                                                Safety Zone; Ohio River Between Mile                    of the Administrative Procedure Act                    necessary for the Coast Guard to
                                                603.4 and 605.4; Louisville, KY                         (APA) (5 U.S.C. 553(b)). This provision                maintain navigational safety.
                                                                                                        authorizes an agency to issue a rule
                                                AGENCY:    Coast Guard, DHS.                            without prior notice and opportunity to                C. Discussion of the Temporary Final
                                                ACTION:   Temporary final rule.                         comment when the agency for good                       Rule
                                                                                                        cause finds that those procedures are                     The Coast Guard is establishing a
                                                SUMMARY:   The Coast Guard is
                                                                                                        ‘‘impracticable, unnecessary, or contrary              temporary safety zone for all vessel
                                                establishing a temporary safety zone for
                                                                                                        to the public interest.’’ Under 5 U.S.C.               traffic on the Ohio River between mile
                                                all waters of the Ohio River between
                                                                                                        553(b)(B), the Coast Guard finds that                  603.4 and mile 605.4, extending the
                                                mile 603.4 and 605.4. This temporary
                                                                                                        good cause exists for not publishing a                 entire width of the Ohio River.
                                                safety zone is needed to protect persons,
                                                                                                        notice of proposed rulemaking (NPRM)                   Maintenance on the bridge is expected
                                                property, and infrastructure from
                                                                                                        with respect to this rule. On June 9, June             to occur from 7:00 a.m. to 1:00 p.m. on
                                                potential damage and safety hazards
                                                                                                        10, June 16, June 17, June 23, 2015 and                6/9/2015, 7:00 a.m. to 1:00 p.m. on 6/
                                                associated with maintenance work on
                                                                                                        July 7, 2015, maintenance on the L&I RR                10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/
                                                the Louisville and Indiana Railroad
                                                                                                        Bridge will take place. The Coast Guard                2015, 7:00 a.m. to 1:00 p.m. on 6/17/
                                                Bridge (L&I RR Bridge). Deviation from
                                                                                                        determined that immediate action is                    2015, 7:00 a.m. to 1:00 p.m. on 6/23/
                                                the safety zone is prohibited unless
                                                                                                        necessary to establish a temporary safety              2015, and 7:00 a.m. to 10:00 p.m. on 7/
                                                specifically authorized by the Captain of
                                                                                                        zone to protect life and property from                 07/2015, unless it is completed earlier.
                                                the Port (COTP) Ohio Valley or a
                                                                                                        the hazards associated with and                        The COTP, or a designated
                                                designated representative.
                                                                                                        resulting from maintenance being                       representative will provide information
                                                DATES: This rule is effective without                   performed on the L&I RR Bridge.                        as to when the safety zone if effective,
                                                actual notice from June 29, 2015 until                     This safety zone may include closures               based on information received for when
                                                July 7, 2015. For purposes of                           and/or navigation restrictions and                     the maintenance is taking place.
                                                enforcement, actual notice will be used                 requirements that are vital to                         Deviation from this temporary safety
                                                from June 9, 2015 until June 29, 2015.                  maintaining safe navigation on the Ohio                zone is prohibited unless specifically
                                                ADDRESSES: Documents mentioned in                       River during maintenance operations on                 authorized by the COTP Ohio Valley, or
                                                this preamble are part of docket [USCG–                 the L&I RR Bridge. Therefore, delaying                 a designated representative. Deviation
                                                2015–0505]. To view documents                           the effective date for this emergency                  requests will be considered and
                                                mentioned in this preamble as being                     safety zone to complete the NPRM                       reviewed on a case-by-case basis. The
                                                available in the docket, go to http://                  process would be contrary to the public                COTP Ohio Valley may be contacted by
                                                www.regulations.gov, type the docket                    interest as it would delay the safety                  telephone at 1–502–779–5424 or can be
                                                number in the ‘‘SEARCH’’ box and click                  measures vital to safe navigation.                     reached by VHF–FM channel 16.
                                                ‘‘SEARCH.’’ Click on Open Docket                        Broadcast Notices to Mariners (BNM)
                                                Folder on the line associated with this                 and information sharing with the                       D. Regulatory Analyses
                                                rulemaking. You may also visit the                      waterway users will update mariners of                   We developed this rule after
                                                Docket Management Facility in Room                      the restrictions, requirements, and                    considering numerous statutes and
                                                W12–140 on the ground floor of the                      enforcement times during this                          executive orders related to rulemaking.
                                                Department of Transportation West                       emergency situation.                                   Below we summarize our analyses
                                                Building, 1200 New Jersey Avenue SE.,                      For the same reasons, under 5 U.S.C.                based on a number of these statutes or
                                                Washington, DC 20590, between 9 a.m.                    553(d)(3), the Coast Guard finds that                  executive orders.
                                                and 5 p.m., Monday through Friday,                      good cause exists for making this
                                                except Federal holidays.                                                                                       1. Regulatory Planning and Review
                                                                                                        emergency rule effective less than 30
                                                FOR FURTHER INFORMATION CONTACT: If                     days after publication in the Federal                     This rule is not a significant
                                                you have questions on this rule, call or                Register. Providing 30 days notice                     regulatory action under section 3(f) of
                                                email Petty Officer James C. Robinson,                  would be contrary to public interest                   Executive Order 12866, Regulatory
                                                U.S. Coast Guard; telephone 502–779–                    because immediate action is needed to                  Planning and Review, as supplemented
                                                5347, email James.C.Robinson@                           protect life and property from the                     by Executive Order 13563, Improving
                                                uscg.mil. If you have questions on                      hazards associated with and resulting                  Regulation and Regulatory Review, and
                                                viewing or submitting material to the                   from maintenance on the L&I RR Bridge.                 does not require an assessment of
                                                docket, call Cheryl F. Collins, Program                                                                        potential costs and benefits under
                                                                                                        B. Basis and Purpose                                   section 6(a)(3) of Executive Order 12866
                                                Manager, Docket Operations, telephone
                                                202–366–9826.                                             The legal basis and authorities for this             or under section 1 of Executive Order
mstockstill on DSK4VPTVN1PROD with RULES




                                                SUPPLEMENTARY INFORMATION:
                                                                                                        rule are found in 33 U.S.C. 1231; 50                   13563. The Office of Management and
                                                                                                        U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                     Budget has not reviewed it under those
                                                Table of Acronyms                                       6.04–6, and 160.5; Department of                       Orders. This rule establishes a
                                                APA Administrative Procedures Act                       Homeland Security Delegation No.                       temporary safety zone for vessels on all
                                                BNM Broadcast Notice to Mariners                        0170.1, which collectively authorize the               waters of the Ohio River from mile
                                                COTP Captain of the Port                                Coast Guard to establish and define                    603.4 to mile 605.4. Notifications of
                                                DHS Department of Homeland Security                     safety zones.                                          enforcement times will be


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                                                                    Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations                                         36917

                                                communicated to the marine                              and the Regional Small Business                        Order 12988, Civil Justice Reform, to
                                                community via BNM and through local                     Regulatory Fairness Boards. The                        minimize litigation, eliminate
                                                notice to mariners (LNM). The impacts                   Ombudsman evaluates these actions                      ambiguity, and reduce burden.
                                                on navigation will be limited to                        annually and rates each agency’s
                                                                                                                                                               10. Protection of Children
                                                ensuring the safety of mariners and                     responsiveness to small business. If you
                                                vessels associated with hazards                         wish to comment on actions by                            We have analyzed this rule under
                                                associated with the maintenance on the                  employees of the Coast Guard, call 1–                  Executive Order 13045, Protection of
                                                L&I RR Bridge.                                          888–REG–FAIR (1–888–734–3247). The                     Children from Environmental Health
                                                2. Impact on Small Entities                             Coast Guard will not retaliate against                 Risks and Safety Risks. This rule is not
                                                                                                        small entities that question or complain               an economically significant rule and
                                                   The Regulatory Flexibility Act of 1980               about this rule or any policy or action                does not create an environmental risk to
                                                (RFA), 5 U.S.C. 601–612, as amended,                    of the Coast Guard.                                    health or risk to safety that may
                                                requires federal agencies to consider the                                                                      disproportionately affect children.
                                                potential impact of regulations on small                4. Collection of Information
                                                entities during rulemaking. The Coast                     This rule will not call for a new                    11. Indian Tribal Governments
                                                Guard certifies under 5 U.S.C. 605(b)                   collection of information under the                       This rule does not have tribal
                                                that this rule will not have a significant              Paperwork Reduction Act of 1995 (44                    implications under Executive Order
                                                economic impact on a substantial                        U.S.C. 3501–3520).                                     13175, Consultation and Coordination
                                                number of small entities. The Coast                                                                            with Indian Tribal Governments,
                                                Guard certifies under 5 U.S.C. 605(b)                   5. Federalism
                                                                                                                                                               because it does not have a substantial
                                                that this rule will not have a significant                 A rule has implications for federalism              direct effect on one or more Indian
                                                economic impact on a substantial                        under Executive Order 13132,                           tribes, on the relationship between the
                                                number of small entities.                               Federalism, if it has a substantial direct             Federal Government and Indian tribes,
                                                   This rule will affect the following                  effect on the States, on the relationship
                                                entities, some of which may be small                                                                           or on the distribution of power and
                                                                                                        between the national government and                    responsibilities between the Federal
                                                entities: The owners or operators of                    the States, or on the distribution of
                                                vessels intending to transit the Ohio                                                                          Government and Indian tribes.
                                                                                                        power and responsibilities among the
                                                River, from 7:00 a.m. to 1:00 p.m. on                   various levels of government. We have                  12. Energy Effects
                                                6/09/2015, 7:00 a.m. to 1:00 p.m. on                    analyzed this rule under that Order and
                                                6/10/2015, 7:00 a.m. to 1:00 p.m. on                                                                             This action is not a ‘‘significant
                                                                                                        determined that this rule does not have                energy action’’ under Executive Order
                                                6/16/2015, 7:00 a.m. to 1:00 p.m. on                    implications for federalism.
                                                6/17/2015, 7:00 a.m. to 1:00 p.m. on                                                                           13211, Actions Concerning Regulations
                                                6/23/2015, and 7:00 a.m. to 10:00 p.m.                  6. Protest Activities                                  That Significantly Affect Energy Supply,
                                                on 7/07/2015 or until maintenance on                                                                           Distribution, or Use.
                                                                                                          The Coast Guard respects the First
                                                the L&I RR Bridge is complete,                          Amendment rights of protesters.                        13. Technical Standards
                                                whichever occurs earlier. This                          Protesters are asked to contact the
                                                temporary safety zone will not have a                                                                            This rule does not use technical
                                                                                                        person listed in the FOR FURTHER
                                                significant economic impact on a                                                                               standards. Therefore, we did not
                                                                                                        INFORMATION CONTACT section to
                                                substantial number of small entities                                                                           consider the use of voluntary consensus
                                                                                                        coordinate protest activities so that your
                                                because maintenance work is only                                                                               standards.
                                                                                                        message can be received without
                                                expected to be done during certain                      jeopardizing the safety or security of                 14. Environment
                                                hours. Requests to deviate from the rule                people, places or vessels.
                                                will be considered on a case-by-case                                                                             We have analyzed this rule under
                                                basis. Notifications to the marine                      7. Unfunded Mandates Reform Act                        Department of Homeland Security
                                                community will be made through BNM,                       The Unfunded Mandates Reform Act                     Management Directive 023–01 and
                                                LNM, and communications with local                      of 1995 (2 U.S.C. 1531–1538) requires                  Commandant Instruction M16475.lD,
                                                waterway users. Notices of changes to                   Federal agencies to assess the effects of              which guide the Coast Guard in
                                                the safety zone and effective times will                their discretionary regulatory actions. In             complying with the National
                                                also be made.                                           particular, the Act addresses actions                  Environmental Policy Act of 1969
                                                                                                        that may result in the expenditure by a                (NEPA) (42 U.S.C. 4321–4370f), and
                                                3. Assistance for Small Entities                                                                               have determined that this action is one
                                                                                                        State, local, or tribal government, in the
                                                   Under section 213(a) of the Small                    aggregate, or by the private sector of                 of a category of actions that do not
                                                Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or               individually or cumulatively have a
                                                Fairness Act of 1996 (Pub. L. 104–121),                 more in any one year. Though this rule                 significant effect on the human
                                                we want to assist small entities in                     will not result in such an expenditure,                environment. This rule is categorically
                                                understanding this rule. If the rule                    we do discuss the effects of this rule                 excluded from further review under
                                                would affect your small business,                       elsewhere in this preamble.                            paragraph 34(g) of Figure 2–1 of the
                                                organization, or governmental                                                                                  Commandant Instruction. An
                                                jurisdiction and you have questions                     8. Taking of Private Property                          environmental analysis checklist and a
                                                concerning its provisions or options for                  This rule will not cause a taking of                 categorical exclusion determination will
                                                compliance, please contact the person                   private property or otherwise have                     be made available as indicated under
                                                listed in the FOR FURTHER INFORMATION                   taking implications under Executive                    the ADDRESSES section. We seek any
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                                                CONTACT, above.                                         Order 12630, Governmental Actions and                  comments or information that may lead
                                                   Small businesses may send comments                   Interference with Constitutionally                     to the discovery of a significant
                                                on the actions of Federal employees                     Protected Property Rights.                             environmental impact from this rule.
                                                who enforce, or otherwise determine
                                                                                                        9. Civil Justice Reform                                List of Subjects in 33 CFR Part 165
                                                compliance with, Federal regulations to
                                                the Small Business and Agriculture                        This rule meets applicable standards                   Harbors, Marine safety, Navigation
                                                Regulatory Enforcement Ombudsman                        in sections 3(a) and 3(b)(2) of Executive              (water), Reporting and recordkeeping


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                                                36918               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                requirements, Security measures,                        DEPARTMENT OF HOMELAND                                 in the Sector Lake Michigan zone (80 FR
                                                Waterways.                                              SECURITY                                               8536). This FR included the safety zone
                                                                                                                                                               for the City of Menasha 4th of July
                                                  For the reasons discussed in the                      Coast Guard                                            Fireworks in Menasha, WI (the subject
                                                preamble, the Coast Guard amends 33                                                                            of this TFR). Because the City of
                                                CFR part 165 as follows:                                33 CFR Part 165                                        Menasha 4th of July Fireworks is
                                                                                                        [Docket No. USCG–2015–0532]
                                                                                                                                                               expected to be launched this year from
                                                PART 165—REGULATED NAVIGATION                                                                                  a different location than that which is
                                                AREAS AND LIMITED ACCESS AREAS                          RIN 1625–AA00                                          listed in the FR, the Coast Guard is
                                                                                                                                                               issuing this TFR.
                                                ■ 1. The authority citation for part 165                Safety Zone, Fourth of July Fireworks,                    The Coast Guard is issuing this TFR
                                                continues to read as follows:                           Lake Winnebago; Menasha, Wisconsin                     without prior notice and opportunity to
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY:    Coast Guard, DHS.                           comment pursuant to authority under
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      section 4(a) of the Administrative
                                                                                                        ACTION:   Temporary final rule.
                                                Department of Homeland Security Delegation                                                                     Procedure Act (APA) (5 U.S.C. 553(b)).
                                                No. 0170.1.                                             SUMMARY:   The Coast Guard is                          This provision authorizes an agency to
                                                                                                        establishing a temporary safety zone on                issue a rule without prior notice and
                                                ■ 2. A new temporary § 165.T08–0505 is                                                                         opportunity to comment when the
                                                                                                        a portion of the Fox River and Lake
                                                added to read as follows:                               Winnebago in Menasha, Wisconsin.                       agency for good cause finds that those
                                                                                                        This safety zone is intended to restrict               procedures are ‘‘impracticable,
                                                § 165.T08–0505 Safety Zone; Ohio River
                                                                                                        vessels from a portion of the Fox River                unnecessary, or contrary to the public
                                                between mile 603.4 and 605.4, Louisville,
                                                KY.                                                     and Lake Winnebago due to a fireworks                  interest.’’ Under 5 U.S.C. 553(b)(B), the
                                                                                                        display. This temporary safety zone is                 Coast Guard finds that good cause exists
                                                  (a) Location. The following area is a                 necessary to protect the surrounding                   for not publishing an NPRM with
                                                safety zone: All waters of the Ohio River               public and vessels from the hazards                    respect to this rule because doing so
                                                between mile 603.4 and mile 605.4,                      associated with the fireworks display.                 would be impracticable and contrary to
                                                Louisville, KY, extending the entire                                                                           the public interest. The final details for
                                                                                                        DATES: This rule is effective from 8:45
                                                width of the Ohio River.                                                                                       this event were not known to the Coast
                                                                                                        p.m. until 10:30 p.m. on July 4, 2015.
                                                                                                                                                               Guard until there was insufficient time
                                                   (b) Effective dates. This safety zone is             ADDRESSES: Documents mentioned in                      remaining before the event to publish an
                                                effective and enforceable with actual                   this preamble are part of docket USCG–                 NPRM. Specifically, the Coast Guard
                                                notice from June 9, 2015 to July 7, 2015                2015–0532. To view documents                           was not informed of the new location
                                                or until maintenance on the L&I RR                      mentioned in this preamble as being                    planned for the fireworks launch
                                                Bridge is complete, whichever occurs                    available in the docket, go to http://                 location until the end of May, 2015.
                                                earlier.                                                www.regulations.gov, type the docket                   Thus, delaying the effective date of this
                                                   (c) Regulations. (1) In accordance with              number in the ‘‘SEARCH’’ box and click                 rule to wait for a comment period to run
                                                the general regulations in § 165.23, entry              ‘‘SEARCH.’’ Click on Open Docket                       would be both impracticable and
                                                into this zone is prohibited unless                     Folder on the line associated with this                contrary to the public interest because it
                                                authorized by the Captain of the Port                   rulemaking. You may also visit the                     would inhibit the Coast Guard’s ability
                                                (COTP) Ohio Valley or a designated                      Docket Management Facility in Room                     to protect the public and vessels from
                                                                                                        W12–140 on the ground floor of the                     the hazards associated with the barge-
                                                representative.
                                                                                                        Department of Transportation West                      based fireworks display on July 4, 2015,
                                                   (2) Persons or vessels desiring to enter             Building, 1200 New Jersey Avenue SE.,                  which are discussed further below.
                                                into or passage through the zone must                   Washington, DC 20590, between 9 a.m.                      Under 5 U.S.C. 553(d)(3), the Coast
                                                request permission from the COTP Ohio                   and 5 p.m., Monday through Friday,                     Guard finds that good cause exists for
                                                Valley or a designated representative.                  except Federal holidays.                               making this rule effective less than 30
                                                They may be contacted on VHF–FM                         FOR FURTHER INFORMATION CONTACT: If                    days after publication in the Federal
                                                channel 16 or by telephone at 1–502–                    you have questions on this temporary                   Register for the same reason listed
                                                5424.                                                   rule, contact or email MST1 Joseph                     above, doing so would impracticable
                                                   (3) If permission is granted, all                    McCollum, U.S. Coast Guard Sector                      and contrary to the public interest
                                                persons and vessels shall comply with                   Lake Michigan, at 414–747–7148 or                      because it would inhibit the Coast
                                                the instructions of the COTP Ohio                       Joseph.P.McCollum@uscg.mil. If you                     Guard’s ability to protect the public and
                                                Valley or designated representative.                    have questions on viewing the docket,                  vessels from the hazards associated with
                                                                                                        call Cheryl Collins, Program Manager,                  the barge-based fireworks display.
                                                   (d) Informational broadcasts. The
                                                                                                        Docket Operations, telephone 1–800–                    B. Basis and Purpose
                                                COTP Ohio Valley or a designated
                                                                                                        647–5527.
                                                representative will inform the public                                                                             The legal basis for this rule is the
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                through broadcast notices to mariners of                                                                       Coast Guard’s authority to establish
                                                the enforcement period for the                          Table of Acronyms                                      safety zones: 33 U.S.C. 1231; 33 CFR
                                                emergency safety zone as well as any                    DHS Department of Homeland Security                    1.05–1, 160.5; Department of Homeland
                                                changes in the dates and times of                       FR Final Rule                                          Security Delegation No. 0170.1.
                                                enforcement.                                            NPRM Notice of Proposed Rulemaking                        On July 4, 2015, the City of Menasha
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                                                  Dated: June 8, 2015.                                  TFR Temporary Final Rule                               is expected to hold its annual 4th of July
                                                                                                                                                               fireworks display. This fireworks
                                                R.V. Timme,                                             A. Regulatory History and Information                  display will be launched from a barge
                                                Captain, U.S. Coast Guard, Captain of the                 On February 18, 2015, the Coast                      within the waters of the Fox River. The
                                                Port Ohio Valley.                                       Guard published an FR in the Federal                   Captain of the Port Lake Michigan has
                                                [FR Doc. 2015–15927 Filed 6–26–15; 8:45 am]             Register which listed safety zones                     determined that this fireworks display
                                                BILLING CODE 9110–04–P                                  corresponding to annual marine events                  will pose a significant risk to public


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Document Created: 2015-12-15 14:24:26
Document Modified: 2015-12-15 14:24:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from June 29, 2015 until July 7, 2015. For purposes of enforcement, actual notice will be used from June 9, 2015 until June 29, 2015.
ContactIf you have questions on this rule, call or email Petty Officer James C. Robinson, U.S. Coast Guard; telephone 502-779-5347, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 36916 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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