83_FR_30677 83 FR 30551 - Safety Zone; Tennessee River, Gilbertsville, KY

83 FR 30551 - Safety Zone; Tennessee River, Gilbertsville, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30551-30553
FR Document2018-14020

The Coast Guard is establishing a temporary safety zone for certain waters of the Tennessee River. This action is necessary to provide for the safety of life on these navigable waters near the Kentucky Dam Marina, Gilbertsville, KY, during a fireworks display. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30551-30553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14020]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0239]
RIN 1625-AA00


Safety Zone; Tennessee River, Gilbertsville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Tennessee River. This action is necessary to 
provide for the safety of life on these navigable waters near the 
Kentucky Dam Marina, Gilbertsville, KY, during a fireworks display. 
Entry of vessels or persons into this zone is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley or a 
designated representative.

DATES: This rule is effective from 6:50 p.m. through 10:10 p.m. on June 
30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0239 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST3 Joseph Stranc, Marine Safety Unit Paducah Waterways 
Division, U.S. Coast Guard; telephone 270-442-1621 ext. 2124, email 
Joseph.B.Stranc@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations

[[Page 30552]]

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

    On January 17, 2018, the Kentucky Dam Marina notified the Coast 
Guard that it would be conducting a fireworks display from 7 p.m. 
through 10 p.m. on June 30, 2018. The fireworks are to be launched from 
the break wall of Kentucky Dam Marina. In response, on April 26, 2018, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Tennessee River, Gilbertsville, KY (83 FR 18241). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended May 29, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with this fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the fireworks to be used in this 
June 30, 2018 display will be a safety concern for anyone within a 350-
foot radius from the fireworks launch site on the Kentucky Dam Marina 
break wall in Gilbertsville, KY. Hazards from firework displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
26, 2018. However, we have noticed an error in the title of the 
proposed rule, which included ``Ohio'' River, instead of ``Tennessee'' 
River. The regulatory text of this rule corrects an error in the title 
of the regulatory text of this temporary final rule.
    This rule establishes a temporary safety zone from 6:50 p.m. 
through 10:10 p.m. on June 30, 2018. The safety zone will cover all 
navigable waters within a 350-foot radius from the fireworks launch 
site on the Kentucky Dam Marina break wall in Gilbertsville, KY. The 
duration of the zone is intended to ensure the safety of vessels on 
these navigable waters before, during, and after the scheduled 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. Persons or vessels desiring to enter into or pass 
through the zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by phone 
at 1-800-253-7465. If permission is granted, all persons and vessels 
must transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or a designated representative. The COTP 
or a designated representative will inform the public through Broadcast 
Notice to Mariners (BNMs) of the enforcement period for the safety zone 
as well as the date and time of enforcement.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone, which will 
impact a 350-foot designated area of the Tennessee River for 
approximately three hours on one evening. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners (BNMs) 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 received no comments from the Small Business 
Administration on this 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.
    While some owners or operators of vessels intending to transit the 
temporary 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 30553]]

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. If 
you believe this 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 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 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 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 approximately three hours that will prohibit entry 
within 350 feet of a break wall at Kentucky Dam Marina in 
Gilbertsville, KY. It is 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 Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 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: 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. Add Sec.  165.T08-0239 to read as follows:


Sec.  165.T08-0239   Safety Zone; Tennessee River, Gilbertsville, KY.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Tennessee River at mile marker (MM) 23 within a 350-foot 
radius from the fireworks launch site on the Kentucky Dam Marina break 
wall in Gilbertsville, KY.
    (b) Effective date. This section is effective from 6:50 p.m. 
through 10:10 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23 of this part, entry into this zone is prohibited 
unless authorized by the Captain of the Port Sector Ohio Valley (COTP) 
or a designated representative.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by phone 
at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels must transit 
at their slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNMs) of the enforcement period for the safety zone as well 
as the date and time of enforcement.

    Dated: June 19, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-14020 Filed 6-28-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                               30551

                                              representative may be a Patrol                            Dated: June 25, 2018.                                designated on-scene representative may
                                              Commander (PATCOM). The PATCOM                          E.J. Gaynor,                                           be contacted via VHF Channel 16.
                                              may be aboard either a Coast Guard or                   Captain, U.S. Coast Guard, Captain of the                This document is issued under
                                              Coast Guard Auxiliary vessel. The Patrol                Port Sector Corpus Christi.                            authority of 33 CFR 165.943 and 5
                                              Commander may be contacted on                           [FR Doc. 2018–14021 Filed 6–28–18; 8:45 am]            U.S.C. 552(a). In addition to this
                                              Channel 16 VHF–FM (156.8 MHz) by                        BILLING CODE 9110–04–P                                 publication in the Federal Register, the
                                              the call sign ‘‘PATCOM’’.                                                                                      Coast Guard will provide the maritime
                                                 (2) All persons and vessels not                                                                             community with advance notification of
                                              registered with the sponsor as                          DEPARTMENT OF HOMELAND                                 the enforcement of this safety zone via
                                              participants or official patrol vessels are             SECURITY                                               Broadcast Notice to Mariners.
                                              considered spectators. The ‘‘official                                                                            Dated: June 18, 2018.
                                              patrol vessels’’ consist of any Coast                   Coast Guard
                                                                                                                                                             E.E. Williams,
                                              Guard, state, or local law enforcement                                                                         Commander, U.S. Coast Guard, Captain of
                                              and sponsor provided vessels assigned                   33 CFR Part 165
                                                                                                                                                             the Port Duluth.
                                              or approved by the COTP or a                                                                                   [FR Doc. 2018–14012 Filed 6–28–18; 8:45 am]
                                              designated representative to patrol the                 [Docket No. USCG–2018–0607]
                                                                                                                                                             BILLING CODE 9110–04–P
                                              regulated area.
                                                                                                      Safety Zones; Recurring Events in
                                                 (3) Spectator vessels desiring to                    Captain of the Port Duluth Zone—
                                              transit the regulated area may do so only                                                                      DEPARTMENT OF HOMELAND
                                                                                                      LaPointe Fireworks
                                              with prior approval of the COTP or a                                                                           SECURITY
                                              designated representative and when so                   AGENCY:  Coast Guard, DHS.
                                              directed by that officer will be operated                                                                      Coast Guard
                                                                                                      ACTION: Notice of enforcement of
                                              at a minimum safe navigation speed in                   regulation.
                                              a manner which will not endanger                                                                               33 CFR Part 165
                                              participants in the regulated area or any               SUMMARY:   The Coast Guard will enforce                [Docket Number USCG–2018–0239]
                                              other vessels.                                          the safety zone for the LaPointe
                                                                                                      Fireworks in LaPointe, WI from 9:30                    RIN 1625–AA00
                                                 (4) No spectator vessel shall anchor,
                                              block, loiter, or impede the through                    p.m. through 11:30 p.m. on July 4, 2018,
                                                                                                                                                             Safety Zone; Tennessee River,
                                              transit of participants or official patrol              with a rain date of 9:30 p.m. through
                                                                                                                                                             Gilbertsville, KY
                                              vessels in the regulated area during the                11:30 p.m. on July 5, 2018. This action
                                              effective dates and times, unless cleared               is necessary to protect participants and               AGENCY:    Coast Guard, DHS.
                                              for entry by or through an official patrol              spectators during the LaPointe                         ACTION:   Temporary final rule.
                                              vessel.                                                 Fireworks. During the enforcement
                                                                                                      period, entry into, transiting, or                     SUMMARY:   The Coast Guard is
                                                 (5) Spectator vessels may anchor                     anchoring within the safety zone is                    establishing a temporary safety zone for
                                              outside the regulated area, but may not                 prohibited unless authorized by the                    certain waters of the Tennessee River.
                                              anchor in, block, or loiter in a navigable              Captain of the Port Duluth or designated               This action is necessary to provide for
                                              channel.                                                on-scene representative.                               the safety of life on these navigable
                                                 (6) The COTP or a designated                         DATES: The regulations in 33 CFR                       waters near the Kentucky Dam Marina,
                                              representative may forbid and control                   165.943(b) will be enforced from 9:30                  Gilbertsville, KY, during a fireworks
                                              the movement of all vessels in the                      p.m. through 11:30 p.m. on July 4, 2018,               display. Entry of vessels or persons into
                                              regulated area. When hailed or signaled                 with a rain date of 9:30 p.m. through                  this zone is prohibited unless
                                              by an official patrol vessel, a vessel shall            11:30 p.m. on July 5, 2018, for the                    authorized by the Captain of the Port
                                              come to an immediate stop and comply                    LaPointe Fireworks safety zone,                        Sector Ohio Valley or a designated
                                              with the directions given. Failure to do                § 165.943(a)(5).                                       representative.
                                              so may result in expulsion from the                                                                            DATES: This rule is effective from 6:50
                                              area, citation for failure to comply, or                FOR FURTHER INFORMATION CONTACT:      If
                                                                                                      you have questions on this document,                   p.m. through 10:10 p.m. on June 30,
                                              both.                                                                                                          2018.
                                                                                                      call or email LT John Mack, Chief of
                                                 (7) The COTP or a designated                         Waterways Management, Coast Guard;                     ADDRESSES:   To view documents
                                              representative may terminate the event                  telephone (218)725–3818, email                         mentioned in this preamble as being
                                              or the operation of any vessel at any                   DuluthWWM@uscg.mil.                                    available in the docket, go to http://
                                              time it is deemed necessary for the                                                                            www.regulations.gov, type USCG–2018–
                                                                                                      SUPPLEMENTARY INFORMATION: The Coast
                                              protection of life or property.                                                                                0239 in the ‘‘SEARCH’’ box and click
                                                                                                      Guard will enforce the safety zone for
                                                 (8) The COTP or a designated                         the annual LaPointe Fireworks in 33                    ‘‘SEARCH.’’ Click on Open Docket
                                              representative will terminate                           CFR 165.943(a)(5) from 9:30 p.m.                       Folder on the line associated with this
                                              enforcement of the special local                        through 11:30 p.m. on July 4, 2018, with               rule.
                                              regulations at the conclusion of the                    a rain date of 9:30 p.m. through 11:30                 FOR FURTHER INFORMATION CONTACT: If
                                              event.                                                  p.m. on July 5, 2018, on all waters of                 you have questions on this rule, call or
                                                 (e) Information broadcasts. The COTP                 Lake Superior bounded by the arc of a                  email MST3 Joseph Stranc, Marine
                                              or a designated representative will                     circle with a 350-foot radius from the                 Safety Unit Paducah Waterways
sradovich on DSK3GMQ082PROD with RULES




                                              inform the public of the enforcement                    fireworks launch site with its center in               Division, U.S. Coast Guard; telephone
                                              times and date for this regulated area                  position 46°46′40″ N, 090°47′22″ W.                    270–442–1621 ext. 2124, email
                                              through Broadcast Notices to Mariners                      Entry into, transiting, or anchoring                Joseph.B.Stranc@uscg.mil.
                                              (BNMs), Local Notices to Mariners                       within the safety zone is prohibited                   SUPPLEMENTARY INFORMATION:
                                              (LNMs), and/or Marine Safety                            unless authorized by the Captain of the
                                              Information Bulletins (MSIBs) as                        Port Duluth or their designated on-scene               I. Table of Abbreviations
                                              appropriate.                                            representative. The Captain of the Port’s              CFR     Code of Federal Regulations



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                                              30552                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations

                                              COTP Captain of the Port Sector Ohio                       This rule establishes a temporary                   Notice to Mariners (BNMs) via VHF–FM
                                                Valley                                                safety zone from 6:50 p.m. through                     marine channel 16 about the zone, and
                                              DHS Department of Homeland Security                     10:10 p.m. on June 30, 2018. The safety                the rule allows vessels to seek
                                              FR Federal Register
                                                                                                      zone will cover all navigable waters                   permission to enter the zone.
                                              NPRM Notice of proposed rulemaking
                                              § Section                                               within a 350-foot radius from the
                                                                                                                                                             B. Impact on Small Entities
                                              U.S.C. United States Code                               fireworks launch site on the Kentucky
                                                                                                      Dam Marina break wall in Gilbertsville,                   The Regulatory Flexibility Act of
                                              II. Background Information and                          KY. The duration of the zone is                        1980, 5 U.S.C. 601–612, as amended,
                                              Regulatory History                                      intended to ensure the safety of vessels               requires Federal agencies to consider
                                                 On January 17, 2018, the Kentucky                    on these navigable waters before,                      the potential impact of regulations on
                                              Dam Marina notified the Coast Guard                     during, and after the scheduled                        small entities during rulemaking. The
                                              that it would be conducting a fireworks                 fireworks display. No vessel or person                 term ‘‘small entities’’ comprises small
                                              display from 7 p.m. through 10 p.m. on                  will be permitted to enter the safety                  businesses, not-for-profit organizations
                                              June 30, 2018. The fireworks are to be                  zone without obtaining permission from                 that are independently owned and
                                              launched from the break wall of                         the COTP or a designated                               operated and are not dominant in their
                                              Kentucky Dam Marina. In response, on                    representative. Persons or vessels                     fields, and governmental jurisdictions
                                              April 26, 2018, the Coast Guard                         desiring to enter into or pass through                 with populations of less than 50,000.
                                              published a notice of proposed                          the zone must request permission from                  The Coast Guard received no comments
                                              rulemaking (NPRM) titled Safety Zone;                   the COTP or a designated                               from the Small Business Administration
                                              Tennessee River, Gilbertsville, KY (83                  representative. They may be contacted                  on this rulemaking. The Coast Guard
                                              FR 18241). There we stated why we                       on VHF–FM Channel 16 or by phone at                    certifies under 5 U.S.C. 605(b) that this
                                              issued the NPRM, and invited                            1–800–253–7465. If permission is                       rule will not have a significant
                                              comments on our proposed regulatory                     granted, all persons and vessels must                  economic impact on a substantial
                                              action related to this fireworks display.               transit at their slowest safe speed and                number of small entities.
                                              During the comment period that ended                    comply with all lawful directions issued
                                              May 29, 2018, we received no                            by the COTP or a designated                               While some owners or operators of
                                              comments.                                               representative. The COTP or a                          vessels intending to transit the
                                                 Under 5 U.S.C. 553(d)(3), the Coast                  designated representative will inform                  temporary safety zone may be small
                                              Guard finds that good cause exists for                  the public through Broadcast Notice to                 entities, for the reasons stated in section
                                              making this rule effective less than 30                 Mariners (BNMs) of the enforcement                     V.A above, this rule will not have a
                                              days after publication in the Federal                   period for the safety zone as well as the              significant economic impact on any
                                              Register. Delaying the effective date of                date and time of enforcement.                          vessel owner or operator.
                                              this rule would be contrary to the public                                                                         Under section 213(a) of the Small
                                                                                                      V. Regulatory Analyses
                                              interest because immediate action is                                                                           Business Regulatory Enforcement
                                              needed to respond to the potential                        We developed this rule after                         Fairness Act of 1996 (Pub. L. 104–121),
                                              safety hazards associated with this                     considering numerous statutes and                      we want to assist small entities in
                                              fireworks display.                                      Executive orders related to rulemaking.                understanding this rule. If the rule
                                                                                                      Below we summarize our analyses                        would affect your small business,
                                              III. Legal Authority and Need for Rule                  based on a number of these statutes and                organization, or governmental
                                                 The Coast Guard is issuing this rule                 Executive orders, and we discuss First                 jurisdiction and you have questions
                                              under authority in 33 U.S.C. 1231. The                  Amendment rights of protestors.                        concerning its provisions or options for
                                              Captain of the Port Sector Ohio Valley                                                                         compliance, please contact the person
                                              (COTP) has determined that potential                    A. Regulatory Planning and Review
                                                                                                                                                             listed in the FOR FURTHER INFORMATION
                                              hazards associated with the fireworks to                   Executive Orders 12866 and 13563
                                                                                                                                                             CONTACT section.
                                              be used in this June 30, 2018 display                   direct agencies to assess the costs and
                                              will be a safety concern for anyone                     benefits of available regulatory                          Small businesses may send comments
                                              within a 350-foot radius from the                       alternatives and, if regulation is                     on the actions of Federal employees
                                              fireworks launch site on the Kentucky                   necessary, to select regulatory                        who enforce, or otherwise determine
                                              Dam Marina break wall in Gilbertsville,                 approaches that maximize net benefits.                 compliance with, Federal regulations to
                                              KY. Hazards from firework displays                      Executive Order 13771 directs agencies                 the Small Business and Agriculture
                                              include accidental discharge of                         to control regulatory costs through a                  Regulatory Enforcement Ombudsman
                                              fireworks, dangerous projectiles, and                   budgeting process. This rule has not                   and the Regional Small Business
                                              falling hot embers or other debris. The                 been designated a ‘‘significant                        Regulatory Fairness Boards. The
                                              purpose of this rule is to ensure safety                regulatory action,’’ under Executive                   Ombudsman evaluates these actions
                                              of vessels and the navigable waters in                  Order 12866. Accordingly, this rule has                annually and rates each agency’s
                                              the safety zone before, during, and after               not been reviewed by the Office of                     responsiveness to small business. If you
                                              the scheduled event.                                    Management and Budget (OMB), and                       wish to comment on actions by
                                                                                                      pursuant to OMB guidance it is exempt                  employees of the Coast Guard, call
                                              IV. Discussion of Comments, Changes,                    from the requirements of Executive                     1–888–REG–FAIR (1–888–734–3247).
                                              and the Rule                                            Order 13771.                                           The Coast Guard will not retaliate
                                                As noted above, we received no                           This regulatory action determination                against small entities that question or
                                              comments on our NPRM published                          is based on the size, location, duration               complain about this rule or any policy
sradovich on DSK3GMQ082PROD with RULES




                                              April 26, 2018. However, we have                        and time-of-day of the safety zone.                    or action of the Coast Guard.
                                              noticed an error in the title of the                    Vessel traffic would be able to safely                 C. Collection of Information
                                              proposed rule, which included ‘‘Ohio’’                  transit around this safety zone, which
                                              River, instead of ‘‘Tennessee’’ River.                  will impact a 350-foot designated area of                This rule will not call for a new
                                              The regulatory text of this rule corrects               the Tennessee River for approximately                  collection of information under the
                                              an error in the title of the regulatory text            three hours on one evening. Moreover,                  Paperwork Reduction Act of 1995 (44
                                              of this temporary final rule.                           the Coast Guard will issue a Broadcast                 U.S.C. 3501–3520).


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                                                                   Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                               30553

                                              D. Federalism and Indian Tribal                         supporting this determination is                       the enforcement period for the safety
                                              Governments                                             available in the docket where indicated                zone as well as the date and time of
                                                 A rule has implications for federalism               under ADDRESSES.                                       enforcement.
                                              under Executive Order 13132,                            G. Protest Activities                                    Dated: June 19, 2018.
                                              Federalism, if it has a substantial direct                                                                     M.B. Zamperini,
                                                                                                        The Coast Guard respects the First
                                              effect on the States, on the relationship                                                                      Captain, U.S. Coast Guard, Captain of the
                                                                                                      Amendment rights of protesters.
                                              between the national government and                                                                            Port Sector Ohio Valley.
                                                                                                      Protesters are asked to contact the
                                              the States, or on the distribution of                                                                          [FR Doc. 2018–14020 Filed 6–28–18; 8:45 am]
                                                                                                      person listed in the FOR FURTHER
                                              power and responsibilities among the                                                                           BILLING CODE 9110–04–P
                                                                                                      INFORMATION CONTACT section to
                                              various levels of government. We have
                                                                                                      coordinate protest activities so that your
                                              analyzed this rule under that Order and
                                                                                                      message can be received without
                                              have determined that it is consistent
                                                                                                      jeopardizing the safety or security of                 ENVIRONMENTAL PROTECTION
                                              with the fundamental federalism
                                                                                                      people, places or vessels.                             AGENCY
                                              principles and preemption requirements
                                              described in Executive Order 13132.                     List of Subjects in 33 CFR Part 165                    40 CFR Part 52
                                                 Also, this rule does not have tribal                   Harbors, Marine safety, Navigation
                                              implications under Executive Order                      (water), Reporting and recordkeeping                   [EPA–R06–OAR–2017–0435; FRL–9979–
                                              13175, Consultation and Coordination                    requirements, Security measures,                       15—Region 6]
                                              with Indian Tribal Governments,                         Waterways.
                                              because it does not have a substantial                                                                         Approval and Promulgation of
                                                                                                        For the reasons discussed in the                     Implementation Plans; Arkansas;
                                              direct effect on one or more Indian
                                                                                                      preamble, the Coast Guard amends 33                    Revisions to Minor New Source Review
                                              tribes, on the relationship between the
                                                                                                      CFR part 165 as follows:                               Program
                                              Federal Government and Indian tribes,
                                              or on the distribution of power and                     PART 165—REGULATED NAVIGATION                          AGENCY:  Environmental Protection
                                              responsibilities between the Federal                    AREAS AND LIMITED ACCESS AREAS                         Agency (EPA).
                                              Government and Indian tribes. If you
                                              believe this rule has implications for                                                                         ACTION: Final rule.
                                                                                                      ■ 1. The authority citation for part 165
                                              federalism or Indian tribes, please                     continues to read as follows:                          SUMMARY:   Pursuant to the Federal Clean
                                              contact the person listed in the FOR                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            Air Act (CAA or the Act), the
                                              FURTHER INFORMATION CONTACT section.                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              Environmental Protection Agency (EPA)
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation             is approving revisions to the Arkansas
                                                                                                      No. 0170.1.                                            State Implementation Plan (SIP) minor
                                                The Unfunded Mandates Reform Act                      ■ 2. Add § 165.T08–0239 to read as                     New Source Review (NSR) program
                                              of 1995 (2 U.S.C. 1531–1538) requires                   follows:                                               submitted on July 26, 2010, and March
                                              Federal agencies to assess the effects of
                                                                                                                                                             24, 2017, including supplemental
                                              their discretionary regulatory actions. In              § 165.T08–0239 Safety Zone; Tennessee
                                                                                                      River, Gilbertsville, KY.                              information provided on November 30,
                                              particular, the Act addresses actions
                                                                                                                                                             2015, May 26, 2016, July 5, 2017, July
                                              that may result in the expenditure by a                    (a) Location. The following area is a
                                                                                                                                                             27, 2017, and March 16, 2018.
                                              State, local, or tribal government, in the              safety zone: All navigable waters of the
                                                                                                                                                             Specifically, we are proposing to
                                              aggregate, or by the private sector of                  Tennessee River at mile marker (MM) 23
                                                                                                                                                             approve revisions that revise the minor
                                              $100,000,000 (adjusted for inflation) or                within a 350-foot radius from the
                                                                                                                                                             NSR permitting thresholds and de
                                              more in any one year. Though this rule                  fireworks launch site on the Kentucky
                                                                                                                                                             minimis levels, as well as, additional
                                              will not result in such an expenditure,                 Dam Marina break wall in Gilbertsville,
                                                                                                                                                             non-substantive revisions contained in
                                              we do discuss the effects of this rule                  KY.
                                                                                                                                                             those submittals. This final action is
                                              elsewhere in this preamble.                                (b) Effective date. This section is
                                                                                                                                                             consistent with the requirements of
                                                                                                      effective from 6:50 p.m. through 10:10
                                              F. Environment                                                                                                 section 110 of the CAA.
                                                                                                      p.m. on June 30, 2018.
                                                We have analyzed this rule under                         (c) Regulations. (1) In accordance with             DATES: This rule is effective on July 30,
                                              Department of Homeland Security                         the general regulations in § 165.23 of                 2018.
                                              Directive 023–01 and Commandant                         this part, entry into this zone is                     ADDRESSES: The EPA has established a
                                              Instruction M16475.1D, which guide the                  prohibited unless authorized by the                    docket for this action under Docket ID
                                              Coast Guard in complying with the                       Captain of the Port Sector Ohio Valley                 No. EPA–R06–OAR–2017–0435. All
                                              National Environmental Policy Act of                    (COTP) or a designated representative.                 documents in the docket are listed on
                                              1969(42 U.S.C. 4321–4370f), and have                       (2) Persons or vessels desiring to enter            the http://www.regulations.gov website.
                                              determined that this action is one of a                 into or pass through the zone must                     Although listed in the index, some
                                              category of actions that do not                         request permission from the COTP or a                  information is not publicly available,
                                              individually or cumulatively have a                     designated representative. They may be                 e.g., Confidential Business Information
                                              significant effect on the human                         contacted on VHF–FM Channel 16 or by                   or other information whose disclosure is
                                              environment. This rule involves a safety                phone at 1–800–253–7465.                               restricted by statute. Certain other
                                              zone lasting approximately three hours                     (3) If permission is granted, all                   material, such as copyrighted material,
                                              that will prohibit entry within 350 feet                persons and vessels must transit at their              is not placed on the internet and will be
sradovich on DSK3GMQ082PROD with RULES




                                              of a break wall at Kentucky Dam Marina                  slowest safe speed and comply with all                 publicly available only in hard copy
                                              in Gilbertsville, KY. It is categorically               lawful directions issued by the COTP or                form. Publicly available docket
                                              excluded from further review under                      a designated representative.                           materials are available either
                                              paragraph L60(a) of Appendix A, Table                      (d) Informational broadcasts. The                   electronically through http://
                                              1 of DHS Instruction Manual 023–01–                     COTP or a designated representative                    www.regulations.gov or in hard copy at
                                              001–01, Rev. 01. A Record of                            will inform the public through                         the EPA Region 6, 1445 Ross Avenue,
                                              Environmental Consideration                             Broadcast Notice to Mariners (BNMs) of                 Suite 700, Dallas, Texas 75202–2733.


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Document Created: 2018-06-29 01:13:56
Document Modified: 2018-06-29 01:13:56
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 from 6:50 p.m. through 10:10 p.m. on June 30, 2018.
ContactIf you have questions on this rule, call or email MST3 Joseph Stranc, Marine Safety Unit Paducah Waterways Division, U.S. Coast Guard; telephone 270-442-1621 ext. 2124, email [email protected]
FR Citation83 FR 30551 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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