[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24938-24939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11661]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0503]
RIN 1625-AA00


Safety Zone; US 68/KY 80 Lake Barkley Bridge, Cumberland River, 
Canton, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
one-mile stretch of the navigable waters on of the Cumberland River, 
near the U.S. 68/KY 80 Lake Barkley Bridge-Henry R. Lawrence Memorial 
Bridge in Canton, KY. The safety zone is needed to protect persons, 
vessels, and the marine environment from potential hazards created by 
the demolition of the bridge pier. 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 without actual notice from May 31, 2018 
through 6 a.m. on June 2, 2018 or until the bridge pier demolition 
operation and the cleanup of the main navigable channel is complete, 
whichever occurs first. For the purposes of enforcement, actual notice 
will be used from 6 a.m. on May 30, 2018 through May 31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0503 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 Petty Officer Joseph Stranc, Marine Safety Unit Paducah 
Waterways Division, U.S. Coast Guard; telephone 270-442-1621 ext. 2124, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. On May 
16, 2018, the Coast Guard was notified of the need for immediate bridge 
pier demolition operations. This safety zone must be established by May 
30, 2018 and we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing this rule. The 
NPRM process would delay the establishment of the safety zone until 
after the scheduled dates of the bridge pier demolition and compromise 
public safety.
    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 impracticable and contrary to public interest 
because immediate action is needed to ensure safety of persons and 
vessels during the US 68/KY 80 Lake Barkley Bridge pier demolition.

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 bridge pier demolition and 
clean-up operations beginning on May 30, 2018 will be a safety concern 
for anyone within a one-half mile radius of the pier. The purpose of 
this rule is to protect persons, vessels, and the marine environment 
while the bridge pier is being demolished.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 6 a.m. on May 
30, 2018 through 6 a.m. on June 2, 2018 or until the bridge pier 
demolition operation and cleanup of the main navigable channel is 
complete, whichever occurs first. The safety zone will cover all 
navigable waters of the Cumberland River between miles 62.6 and 63.6, 
and a safety vessel will coordinate all vessel traffic during the 
enforcement period. The duration of the zone is intended to protect 
persons, vessels, and the marine environment while the bridge pier is 
demolished. No vessel or person is permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. They may be contacted via VHF-FM marine channel 16 or 
by telephone at 270-217-0959. If permission is granted, all persons and 
vessels shall comply with the instructions of the COTP Ohio Valley or a 
designated representative. The COTP or a designated representative will 
inform the public of the enforcement period of this safety zone through 
Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs) as appropriate.

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 and 
duration of the rule. This rule establishes a temporary safety zone 
over a one-mile section of the Cumberland River for 3 days. Moreover, 
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations

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that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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).

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 above.

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 3 days that will prohibit entry within one-mile 
stretch of the Cumberland River. It is categorically excluded from 
further review under paragraph L 60(c) 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.T08-0503 to read as follows:


Sec.  165.T08-0503  Safety Zone; US 68/KY 80 Lake Barkley Bridge, 
Cumberland River, Canton, KY.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Cumberland River between miles 62.6 and 63.6 near the US 
68/KY 80 Lake Barkley Bridge-Henry R. Lawrence Memorial Bridge in 
Canton, KY.
    (b) Effective period. This section is effective from 6 a.m. on May 
30, 2018 through 6 a.m. on June 2, 2018 or until the bridge pier 
demolition operation and cleanup of the main navigable channel is 
complete, whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Ohio Valley (COTP) or a 
designated representative. A safety vessel will coordinate all vessel 
traffic during the enforcement period.
    (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 via VHF-FM marine channel 16 or 
by telephone at 270-217-0959.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement period of this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notice 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: May 24, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-11661 Filed 5-30-18; 8:45 am]
 BILLING CODE 9110-04-P


