
[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Rules and Regulations]
[Pages 22871-22873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09382]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-0186]
RIN 1625-AA00


Safety Zone; Ohio River, Mile 803.5 to 804.5 Henderson, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River, beginning at mile marker 803.5 and ending 
at mile marker 804.5. This safety zone is necessary to provide safety 
for recreational boaters that will be spectators at the Henderson 
Breakfast Lions Club Tri Fest fireworks. Commercial vessels are 
prohibited from entering into this area and all vessels are prohibited 
from entering into the area between mile markers 803.5 and 804.5 unless 
specifically authorized by the Captain of the Port (COTP) Ohio Valley 
or designated representative.

DATES: This rule is effective from 9:00 p.m. to 9:30 p.m. on April 25, 
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0186]. 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 Stephen F. McConnell, U.S. Coast Guard; 
telephone 502-779-5334, email Stephen.F.McConnell@uscg.mil. 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

[[Page 22872]]

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.
    Publishing an NPRM for this temporary rule is unnecessary as the 
public is already aware of this event through a current regulation, and 
this temporary rule changes the event from the third weekend of April 
to the fourth weekend of April. The current permanent safety zone for 
this event is under 33 CFR 165.801, Table 1, no. 12. However, that 
regulation only covers the third weekend in April. Based on future 
scheduling for this annual event, the Coast Guard has coordinated with 
the event sponsor to list the dates in the CFR as the third or fourth 
weekend in April. This date change is included in a project to update 
the list of recurring safety zones under 33 CFR 165.801, accounting for 
this event and other changes, however that rulemaking will not be 
published in time for this event.
    Completing the NPRM process for this event is also contrary to the 
public interest since immediate action is necessary to ensure the 
public is protected from the hazards associated with a fireworks 
display over and on the Ohio River during the event. Additionally, this 
event has been advertised to and planned for by the local community and 
delaying or forgoing a safety zone may interfere with contractual 
obligations.
    For the same reasons, 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. 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 an 
air show and fireworks display over the waterway.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The Henderson Breakfast Lions Club Tri Fest event, including a 
fireworks display over and on the Ohio River, will take place on April 
25, 2014. Due to the possible hazards associated with this event, the 
COTP Ohio Valley is establishing a safety zone for all waters of the 
Ohio River beginning at mile marker 803.5 and ending at mile marker 
804.5. This safety zone is necessary to provide safety for the public 
and marine traffic that will be in the area, including the recreational 
boaters and spectators attending the Henderson Breakfast Lions Club Tri 
Fest event on the Ohio River.
    A permanent safety zone for this event is currently published under 
33 CFR 165.801, as referenced above. This temporary rule is necessary 
to move the event from the third weekend of April to the fourth weekend 
of April.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a safety zone for all vessel 
traffic on the Ohio River between mile 803.5 and mile 804.5, extending 
the entire width of the Ohio River. Transit into and through this area 
is prohibited effective from 9:00 p.m. to 9:30 p.m. on April 25, 2014. 
Deviation from this 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. The COTP Ohio Valley will 
inform the public through broadcast notices to mariners (BNM) of the 
enforcement period for the safety zone as well as any changes in the 
planned schedule.

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, effective from 9:00 p.m. to 9:30 p.m. on April 
25, 2014, for vessels on all waters of the Ohio River from mile 803.5 
to mile 804.5. Notifications of enforcement times will be communicated 
to the marine community via BNM and through local notice to mariners 
(LNM). The impacts on navigation will be limited to protecting persons 
and property from the potential hazards associated with the Henderson 
Breakfast Lions Club Tri Fest fireworks.

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 9:00 p.m. to 9:30 p.m. on April 25, 2014. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities due to its limited scope and short 
duration. Additionally, 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.

[[Page 22873]]

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. This 
rule involves establishing a temporary safety zone to provide safety 
for the recreational boaters that will be spectators at the Henderson 
Breakfast Lions Club Tri Fest event.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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 U.S. 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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-305, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. A new temporary Sec.  165.T08-0186 is added to read as follows:


Sec.  165.T08-0186  Safety Zone; Ohio River, Miles 803.5 to 804.5, 
Henderson, KY.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River between mile 803.5 and mile 804.5, Henderson, KY, 
extending the entire width of the Ohio River.
    (b) Effective dates. This section is effective from 9:00 p.m. to 
9:30 p.m. on April 25, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this safety 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 pass through the 
safety 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 safety zone as well as any 
changes in the planned dates and times of enforcement.

    Dated: April 4, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-09382 Filed 4-24-14; 8:45 am]
BILLING CODE 9110-04-P


