9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0498]
RIN 1625-AA00
Safety Zone; Green River, Calhoun, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable
waters of the Green River from Mile Marker 61 to 62 in Calhoun, KY. The safety zone is
needed to protect personnel, vessels, and the marine environment from potential hazards
created by a power line replacement due to unstable powerline poles. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by the Captain of the
Port, Sector Ohio Valley.
DATES: This rule is effective from 6 a.m. to 8 p.m. on July 16, 2024 through July 19,
2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0498 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 MST2 Bryan Crane, Sector Ohio Valley, U.S. Coast Guard; telephone
502-779-5334, email Bryan.M.Crane@uscg.mil.

SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under 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 power line poles failed the
internal integrity test and prompt action is needed to respond to the potential safety
hazards associated with the overhead power lines. It is impracticable to publish an
NPRM because we must establish this safety zone by July 16, 2024.
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 overhead power
lines.
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 power line replacement starting July 16, 2024 will be a safety concern
for anyone within one (1) mile of the location of the powerline replacement location.
This rule is needed to protect personnel, vessels, and the marine environment in the

navigable waters within the safety zone while the powerlines are being replaced.
IV. Discussion of the Rule
This rule establishes a safety zone during daylight hours on July 16, 2024 through
July 19, 2024. The safety zone will cover all navigable waters within one (1) Nautical
Mile of vessels and machinery being used by personnel to repair the powerline poles
between Mile Markers 61 and 62 on the Green River, in Calhoun, KY. The duration of
the zone is intended to protect personnel, vessels, and the marine environment in these
navigable waters while the powerline poles are being repaired. 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, duration, and
time-of-day of the safety zone. Vessel traffic will be able to safely transit around this
safety zone during the times that powerline work is not being conducted. 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 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, 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 four days that will prohibit entry within 1 nautical mile of the
location of the power line crossing, Green River between Mile Markers 61 and 62,
specifically 61.5. It is categorically excluded from further review under paragraph L60c
of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1
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
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.
2. Add § 165.T08-0498 to read as follows:
§ 165.T08-0498 Safety Zone; Green River, Calhoun, KY.
(a) Location. The following area is a safety zone: All navigable waters of the
Green River from Mile Marker 61 to 62.
(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.
(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.
(c) Enforcement period. This section will be subject to enforcement each day
from 6 a.m. to 8 p.m. on July 16, 2024 through July 19, 2024.

Dated: July 9, 2024.

H.r. Mattern,
Captain, U.S. Coast Guard,
Captain of the Port Sector Ohio Valley.
[FR Doc. 2024-15355 Filed: 7/12/2024 8:45 am; Publication Date: 7/15/2024]