Safety Zone; US 68/KY 80 Lake Barkley Bridge, Cumberland River, Canton, KY |
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Topics: United States Numbered Highways
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M.B. Zamperini
Department of Homeland Security
31 May 2018
[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]
[[Page 24938]]
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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 Joseph.B.Stranc@uscg.mil.
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
[[Page 24939]]
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]
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