[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Rules and Regulations]
[Pages 83783-83785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24283]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0896]
RIN 1625-AA00


Safety Zone; Gallagher Station, Ohio River, New Albany, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters from mile marker 607 to 612 of the Ohio River in 
New Albany, IN. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the demolition at Duke Energy Gallagher Station. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Sector Ohio Valley.

[[Page 83784]]


DATES: This rule is effective from 8:30 a.m. on October 19, 2024, 
through 11 a.m. on November 9, 2024. We will enforce the zone from 8:30 
a.m. to 11 a.m. on October 19, 2024. However, if the zone is not needed 
on October 19, 2024, then it will be enforced from 8:30 a.m. to 11 a.m. 
on November 9, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0896 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, U.S. Coast Guard. Sector Ohio 
Valley, Waterways Division; telephone: 502-779-5335, email: <a href="/cdn-cgi/l/email-protection#aaf9efe9e5e2fc87fdfde7eadfd9c9cd84c7c3c6"><span class="__cf_email__" data-cfemail="386b7d7b77706e156f6f75784d4b5b5f16555154">[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 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 the demolition 
safety team recently increased the safety exclusion zone to now 
encompass the navigational channel. This safety zone must be 
established by October 19, 2024, and there is insufficient time to 
request public comments and respond to these comments before the safety 
zone must be established. As such, it is impracticable to publish a 
NPRM.
    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 impracticable because prompt action is needed to 
respond to the potential safety hazards associated with the Gallagher 
Station demolition.

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 Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the demolition on October 19, 
will be a safety concern for anyone within mile marker 607 to 612 of 
the Ohio River in New Albany, IN. In the case that the demolition 
cannot take place on October 19, 2024, an alternate date of November 9, 
2024, will be used for the safety zone and the demolition. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 a.m. on 
October 19, 2024, through 11 a.m. on November 9, 2024. The safety zone 
will be enforced from 8:30 a.m. to 11 a.m. on October 19, 2024. In the 
case that the demolition cannot take place on October 19, 2024, then it 
will be enforced on an alternate date of November 9, 2024. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the demolition is taking 
place. Debris and a large dust cloud is expected to be present which 
would impose a major hazard to navigation. Due to the proximity of the 
McAlpine lock, multiple recreational boat ramps, and the topography of 
the river in this area, a 5-mile river closure was determined to be 
necessary. No vessel or person will 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 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 duration of the safety zone. This action involves a 
safety zone to protect persons and vessels from potential hazards 
created by the demolition. This action impacts a 5-mile stretch of the 
Ohio River for only two and a half hours. If no hazards exist after the 
demolition takes place, the COTP may allow vessels to transit the area 
earlier than the proposed closure time. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would allow vessels to seek permission from the 
COTP 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

[[Page 83785]]

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 a 
safety zone lasting only 2.5 hours that will prohibit entry from mile 
marker 607 to 612 on the Ohio River. The time of this closure may be 
shortened if the designated representative determines that it is safe 
for vessels to transit the area. 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.

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.T08-0896 to read as follows:


Sec.  165.T08-0896  Safety Zone; Ohio River; New Albany, IN.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio river from mile marker 607.0 through 612.0.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the 
safety zone.
    (c) 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;
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Ch. 16. Those in the safety zone must comply with 
all lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement periods: This section will be enforced from 8:30 
a.m. to 11 a.m. on October 19, 2024, or in the case the demolition 
cannot take place on that date, then it will be enforced from 8:30 a.m. 
to 11 a.m. on an alternate date of November 9, 2024.

    Dated: October 15, 2024.
Heather R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2024-24283 Filed 10-16-24; 4:15 pm]
BILLING CODE 9110-04-P


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