[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Rules and Regulations]
[Pages 74132-74135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20696]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0824]
RIN 1625-AA00


Safety Zone; Kentucky River, Frankfort, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Kentucky River extending from mile marker 
(MM) 65.5 to MM 66 near Frankfort, KY. This safety zone is needed to 
protect life, vessels, and the marine environment

[[Page 74133]]

due to stability concerns of the Broadway Bridge near MM 65.5. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.

DATES: This rule is effective without actual notice from September 12, 
2024 through December 6, 2024. For the purposes of enforcement, actual 
notice will be used from September 7, 2024 until September 12, 2024. If 
the COTP determines that the safety zone is no longer needed, they may 
end enforcement earlier through local notice. Comments and related 
material must be received by the Coast Guard on or before October 15, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0824 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 about this rule, 
call or email Petty Officer Bryan Crane, Sector Ohio Valley Waterways 
Division, U.S. Coast Guard; telephone 502-779-5400, email <a href="/cdn-cgi/l/email-protection#f6a5b3b5b9bea0dba1a1bbb683859591d89b9f9a"><span class="__cf_email__" data-cfemail="346771777b7c621963637974414757531a595d58">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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 interim temporary rule under the 
authority in 5 U.S.C. 553(b)(B). This statutory 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.'' 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 and contrary to the public interest. On August 5, 2024, a 
50-foot section of concrete walkway from the Broadway Bridge near MM 
65.5 fell into the river, and continues to deteriorate, causing a 
hazard to navigation. The safety zone must be established quickly to 
protect people and vessels from the concerns of further falling debris. 
Insufficient time exists to provide a reasonable comment period and 
then consider those comments before issuing the rule. This safety zone 
may include closures or navigation restrictions and requirements that 
are vital to maintaining safe navigation on the Kentucky River during 
response efforts and the hazards of falling debris. Therefore, delaying 
the effective date for this emergency safety zone to complete the NPRM 
process would also be contrary to the public interest as it would delay 
the safety measures vital to safe navigation.
    Also, 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 public interest because immediate action 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by the unstable bridge and falling 
debris.
    Although this regulation is published as an interim rule without 
prior notice, public comment is nevertheless desirable to ensure that 
the regulation is both workable and reasonable. Accordingly, persons 
wishing to comment may do so by submitting written comments to the 
office listed under ADDRESSES in this preamble. Commenters should 
include their names and addresses, identify the docket number for the 
regulation, and give reasons for their comments. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain 
of the Port Sector Ohio Valley (COTP) has determined that potential 
hazards associated with falling debris from the Broadway Bridge, as is 
currently occurring, along with repairs and potential demolition 
activities beginning immediately, will be a safety concern for anyone 
within MM 65.5 to MM 66 on the Kentucky River. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the threat of continued falling 
debris exists and repairs or demolition activities exist.

IV. Discussion of the Rule

    This temporary interim rule establishes a safety zone for all 
navigable waters on the Kentucky River from Mile Marker (MM) 65.5 
through MM 66, extending the entire width of the Kentucky River. 
Transit into and through this area is prohibited for all traffic 
beginning September 7, 2024 and will continue through December 6, 2024. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters while the threat of 
continued falling debris exists and repairs or demolition activities 
exist. The COTP will terminate the enforcement of this safety zone 
before December 6, 2024 if the bridge has been demolished or there is 
no longer a hazard. Entry into this safety zone is prohibited unless 
specifically authorized by the COTP or their 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.
    The Coast Guard will notify the public and local mariners of this 
safety zone through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, the Local Notice to 
Marines, and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any enforcement.
    Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 502-779-5422 or 
can be reached by VHF-FM channel 16. Persons and vessels permitted to 
enter this safety zone must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or the 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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, and

[[Page 74134]]

duration of the safety zone. COTP will end the safety zone as soon as 
the hazard has been removed. This safety zone will restrict vessel 
traffic from entering or transiting within a 0.5 mile area of navigable 
waterways on the Kentucky River between MMs 65.5 and 66. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about enforcement of 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 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 a 
substantial number of 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 
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, 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 This 
rule involves a safety zone lasting 24 hours a day for 90 days that 
will prohibit entry within a half mile stretch of the Kentucky River. 
It is categorically excluded from further review under paragraph L60a 
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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0824 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Viewing material in the docket. To view documents mentioned in this 
rule as being available in the docket, find the docket as described in 
the previous paragraph, and then select ``Supporting & Related 
Material'' in the Document Type column. Public comments will also be 
placed in our online docket and can be viewed by following instructions 
on the https://www.regulations.gov Frequently Asked Questions web page. 
We review all comments received, but we will only post comments that 
address the topic of this rule. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you

[[Page 74135]]

have provided. For more information about privacy and submissions to 
the docket in response to this document, see DHS's eRulemaking System 
of Records Notice (85 FR 14226, March 11, 2020).

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.T08-0824 to read as follows:


Sec.  165.T08-0824  Safety Zone; Kentucky River, Frankfort, KY.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Kentucky River from Mile Marker (MM) 65.5 to MM 66, 
extending the entire width of the river.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's 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.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 502-779-5422 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) Enforcement period. This section will be enforced 24 hours a 
day from September 7, 2024 and will continue through December 6, 2024 
or until the bridge is demolished or the hazard has been mitigated, 
whichever occurs first.

    Dated: September 6, 2024.
Heather. R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2024-20696 Filed 9-11-24; 8:45 am]
BILLING CODE 9110-04-P


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