Rule2023-08905
Safety Zone; Cumberland River
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2023
Effective
May 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Cumberland River. This action is necessary to provide for the safety of life on the navigable waters of the Cumberland River near Cadiz, KY. This rule would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 81 (Thursday, April 27, 2023)</title>
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Rules and Regulations]
[Pages 25496-25498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08905]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0314]
RIN 1625-AA00
Safety Zone; Cumberland River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Cumberland River. This action is
necessary to provide for the safety of life on the navigable waters of
the Cumberland River near Cadiz, KY. This rule would prohibit persons
and vessels from entering the safety zone unless authorized by the
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.
DATES: This rule is effective from May 4, 2023, through May 7, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0314 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Evan Dawson, U.S. Coast Guard Marine Safety Unit
Paducah; telephone 270-442-1621 x 2113, email: <a href="/cdn-cgi/l/email-protection#6536312948362827482836303504011006040d4832322825101606024b080c09"><span class="__cf_email__" data-cfemail="9ac9ced6b7c9d7d8b7d7c9cfcafbfeeff9fbf2b7cdcdd7daefe9f9fdb4f7f3f6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 25497]]
CUMB Cumberland River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
CUMB Cumberland River
MM Mile Marker
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)(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. This safety zone
must be established by May 4, 2023 and there is a lack of sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.
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 a jet ski race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) Sector Ohio Valley has determined
that potential hazards associated with the large gathering of small
craft vessels on to the Cumberland River (CUMB) MM 55 exists. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the event is
occurring.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 6 a.m. May 4, 2023, to
5 p.m. on May 7, 2023. The safety zone would cover all navigable waters
within two hundred fifty feet of the racecourse at any point of the
event. The duration of the zone is intended to ensure the safety of
vessels and persons during the event. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The Marine
Event will be within a protected cove not utilized for commercial
traffic, causing minimal disruption to vessel traffic. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 22-A about the enforcement time of the zone, and the
rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,
[[Page 25498]]
we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which 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 96 hours that would prohibit entry within two
hundred fifty feet of the event which is inside of a protected cove.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165 REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0314 to read as follows:
Sec. 165.T08-0314 Safety Zone; Cumberland River; Cadiz, Kentucky.
(a) Location. The safety zone will cover all waters on the
Cumberland River within two hundred fifty feet of the marine event,
near Cadiz, KY, during daylight race activities drawing a line from
36[deg]54'43.5'' N 87[deg]59'09.6'' W north west to 36[deg]54'44.9'' N
87[deg]59'12.0'' W, continuing north east to 36[deg]54'53.5'' N
87[deg]59'04.1'' W, and ending at 36[deg]54'47.1'' N 87[deg]58'53.0''
W.
(b) Effective period. This rule will be effective from 6 a.m. on
May 4, 2023 to 5 p.m. on May 7, 2023.
(c) Enforcement period. This section will be subject to enforcment
from 6 a.m. on May 4, 2023, and will continue through 5 p.m. on May 7,
2023, or until the hazards associated with the Midamerica Watercross
Championship Race, near Cadiz, KY, have been completed. If there is
inclement weather or other disruptions the U.S. Coast Guard will inform
mariners of the change in enforcement period via Broadcast Notice to
Mariners on VHF-FM channel 16 and on-scene notice.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into the zone during transit
operations is prohibited unless specifically authorized by the Captain
of the Port Sector Ohio Valley (COTP) or designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Ohio Valley or a designated Coast Guard Auxiliary unit.
(2) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
Dated: April 21, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-08905 Filed 4-26-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.