[Federal Register: May 21, 2008 (Volume 73, Number 99)]
[Notices]
[Page 29496-29499]
[DOCID:fr21my08-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-10-000]

Atmos Pipeline and Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Fort Necessity Gas Storage
Project, Request for Comments on Environmental Issues

May 14, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
address the environmental impacts of the Fort Necessity Gas Storage
Project (project) proposed by Atmos Pipeline and Storage, LLC (Atmos).
The Commission will use the EA in its decision-making process to
determine whether or not to authorize the project. This notice explains
the scoping process the Commission will use to gather input from the
public and interested agencies on the project. Your input will help us
determine the issues that need to be evaluated in the EA. Please note
that the scoping period will close on June 13, 2008.
    This notice is being sent to affected landowners; federal, state,
and local government agencies; elected officials; environmental and
public interest groups; Native American tribes; other interested
parties; and local libraries and newspapers. We encourage government
representatives to notify their constituents of this planned project
and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted
by an Atmos representative about the acquisition of an easement to
construct, operate, and maintain the proposed project facilities. The
pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the FERC, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Internet Web site (http://www.ferc.gov). This fact
sheet addresses a number of typically asked questions, including the
use of eminent domain and how to participate in the FERC's proceedings.

Summary of the Proposed Project

    Atmos proposes to develop a natural gas storage facility within the
Fort Necessity salt dome near Winnsboro, Franklin Parish, Louisiana.
The proposed storage design would have the capacity to store 15 Bcf of
working gas and 9.75 Bcf of cushion gas, an average daily injection
rate of 375 MMscfd, a maximum daily injection rate of 500 MMscfd, and a
maximum daily withdrawal rate of 750 MMscfd. Project facilities would
also include interconnections to existing interstate natural gas
transmission systems. The proposed project includes:
     A new natural gas storage facility consisting of three 7.1
million barrel, or 8.25 billion cubic feet (Bcf), each with a cavern
well and well pad;
     A 42,300 horsepower (hp) compressor station consisting of
nine 4,700 hp reciprocating compressors (five would be driven by
electric motors and four would be driven by natural gas motors with
emission controls), and ancillary facilities;
     And electric substation;
     A dehydration facility rated for 500 million standard
cubic feet per day (MMscfd);
     A leaching plant with associated pumps, tanks, and piping;
     About 0.02 mile of 24-inch-diameter interconnecting gas
pipeline and a metering station to tie into an existing 30-inch-
diameter Tennessee Gas Pipeline (TGP) pipeline;
     About 0.9 mile of 36-inch-diameter interconnecting gas
pipeline and a metering station to tie into the existing 30- and 36-
inch-diameter Columbia Gulf Transmission (CGT) pipelines;
     About 6.5 miles of 30-inch-diameter interconnecting gas
pipeline and a metering station to tie into the existing 30- and 36-
inch-diameter ANR Pipeline Company (ANR) pipeline;

     About 0.9 mile of gas pipeline from the compressor station
to the three cavern wells (about 0.1 mile of 24-inch-diameter pipeline
and about 0.8 mile of 30-inch-diameter pipeline);
     About 0.3 mile of 2-inch-diameter instrument air pipeline
from the leaching plant to the three solution-mining wells;
     About 0.3 mile of 2-inch-diameter diesel injection
pipeline from the leaching plant to the three solution-mining wells;
     Four water supply wells and well pads;
     About 0.4 mile of water supply pipeline from the water
supply wells to the leaching plant including about 0.1 mile of 10-inch-
diameter pipeline, 0.2 mile of 12-inch-diameter, and 0.1 mile of 20-
inch-diameter pipeline;
     About 0.3 mile of 20-inch-diameter pipeline to return
brine from the solution-mining wells to the leaching plant;
     Four or five brine disposal wells;
     About 2.2 miles of brine disposal pipeline from the
leaching plant to the brine disposal wells including about 1.4 miles of
16-inch-diameter , 0.2 mile of 12-inch-diameter, and 0.6 mile of 8-
inch-diameter pipeline;
     Appurtenant facilities including delivery piping, line
heaters, pressure vessels, and valves; and
     About 5.5 miles of access roads, 1.8 miles of which would
be new roads.
    Atmos states that the project would provide new storage capacity
for interstate commerce. It would interconnect with the existing
interstate pipelines operated by TGP, CGT, and ANR. Atmos proposes
beginning construction in 2009 and to have Cavern No. 1 in service by
2011, Cavern No. 2 in service by 2013, and Cavern No. 3 in service by
2015.
    The general location of the proposed pipeline and associated
facilities are shown in the figure included as Appendix 1.\1\
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    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Web site
at the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary refer to the
Public Participation section of this notice. Copies of the
appendices were sent to all those receiving this notice in the mail.
Requests for detailed maps of the proposed facilities should be made
directly to Atmos.
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    Nonjurisdictional Facilities
    In addition to the facilities proposed by Atmos, the proposed
project has associated facilities that do not come under the
jurisdiction of the Commission. The local electricity provider, Entergy
Corporation, would construct an electric power line to Atmos's proposed
electric substation. We \2\ have determined that these
nonjurisdictional facilities will be addressed in the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
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Land Requirements for Construction

    As proposed, construction of the project would require about 168.6
acres. Of this total, about 30.6 acres would be required permanently
for aboveground facilities (including the compressor station, leaching
plant, meter stations, wells, and electrical substation), and 5.6 acres
would be required for permanent access roads. Atmos would construct the
storage facilities within three parcels of land: a 254-acre parcel
Atmos would own and two parcels totaling about 989 acres that are
privately owned.
    Atmos would use a 100-foot-wide construction right-of-way to
construct the proposed 24-inch-diameter TGP interconnect gas pipeline,
the 36-inch-diameter CGT interconnect gas pipeline, and the 30-inch-
diameter ANR interconnect gas pipeline. The permanent right-of-way
width for these pipelines would be 50 feet. Atmos would require about
78.7 acres to construct these facilities and would require about 39.4
acres for their operation. Atmos would use a common 125-foot-wide
right-of-way for the access roads and pipelines to each of the three
cavern storage wells. The pipeline from the water supply wells to the
leaching plant, and the cavern gas pipeline between the compressor
station and the leaching plant would require a common 125-foot-wide
construction right-of-way and a 75-foot-wide easement for operation.
The brine pipelines would require a 75-foot-wide construction right-of-
way and a 50-foot-wide operational easement. About 4.4 acres of
additional temporary workspace would be required at the crossings of
roads, waterbodies, and wetlands. At this time, Atmos has identified
one 1.3-acre area within the storage field that it would use for
construction staging.
    Based on preliminary information, construction of the proposed
project facilities would affect a total of about 168.6 acres of land
(including construction right-of-ways and aboveground facilities). This
does not include land that would be disturbed by lay down areas, which
is still being determined. Following construction, about 67.2 acres
would be maintained as permanent right-of-way, about 30.6 acres of land
would be maintained as new aboveground facility sites, and about 5.6
acres would be used for access roads. The remaining 56.2 acres of
temporary construction rights-of-way and any other additional areas
required for extra workspaces, pipe storage or contractor yards would
be restored and allowed to revert to its former use.
    After the storage caverns are developed, Atmos anticipates that it
would abandon the leaching plant, water supply wells, brine disposal
wells, and related water and brine pipelines. Atmos would file an
application with the FERC to abandon these facilities when appropriate.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action when it considers whether or not an interstate
natural gas pipeline should be approved. The FERC will use the EA to
consider the environmental impact that could result if Atmos's project
is authorized under section 7 of the Natural Gas Act. NEPA also
requires us to discover and address concerns the public may have about
proposals to be considered by the Commission. This process is referred
to as ``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. With this
Notice of Intent, the Commission staff is requesting public comments on
the scope of the issues to be addressed in the EA. All comments
received will be considered during preparation of the EA.
    Our independent analysis of the issues will be included in the EA.
We will also evaluate possible alternatives to the proposed project or
portions of the project, and make recommendations on how to lessen or
avoid impacts on affected resources.
    The EA will be mailed to federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; affected landowners; commentors; other
interested parties; local libraries and newspapers; and the FERC's
official service list for this proceeding. To ensure that your comments
are considered, please follow the instructions in the Public
Participation section of this notice.
    Although no formal application has been filed, the FERC staff has
already initiated its NEPA review under its Pre-filing Process. The
purpose of the Pre-filing Process is to encourage the early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC.

    With this notice, we are asking federal, state, and local
governmental agencies with jurisdiction and/or special expertise with
respect to environmental issues, to express their interest in becoming
cooperating agencies for the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
status should follow the instructions for filing comments provided
below (see Public Participation).

Currently Identified Environmental Issues

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project. We have already
identified several issues that we think deserve attention based on a
preliminary review of the project site and the facility information
provided by Atmos. This preliminary list of issues may be changed based
on your comments and our analysis.
     Potential impacts due to construction of the storage
caverns by salt leaching.
     Temporary and permanent impacts on wetlands and
development of appropriate mitigation.
     Native American and tribal concerns.
     Potential impacts to fish and wildlife habitat, including
waterbird nesting areas and migrating birds.
     Potential effect on federally and state-listed species.
     Potential impacts to existing land uses.
     Potential visual effects of the aboveground facilities on
surrounding areas.
     Potential impacts and potential benefits of construction
workforce on local housing, infrastructure, public services, and
economy.
     Potential impacts to local air and noise quality
associated with construction and operation.
     Alternative alignments for the pipeline routes and
alternative sites for the aboveground facilities.
     Public safety and potential hazards associated with the
transport of natural gas and the proposed compressor facilities.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the proposed project. By becoming a
commentor, your concerns will be addressed in the EA and considered by
the Commission. Your comments should focus on the potential
environmental effects, reasonable alternatives (including alternative
facility sites and pipeline routes), and measures to avoid or lessen
environmental impact. The more specific your comments, the more useful
they will be. To ensure that your comments are timely and properly
recorded, please carefully follow these instructions:
     Send an original and two copies of your letter to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of your comments for the attention of Gas
Branch 2.
     Reference Docket No. PF08-10-000 on the original and both
copies.
     Mail your comments so that they will be received in
Washington, DC on or before June 13, 2008.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the
instructions on the Commission's Internet Web site at http://
www.ferc.gov under the link to ``Documents and Filings'' and
``eFiling.'' eFiling is a file attachment process and requires that you
prepare your submission in the same manner as you would if filing on
paper, and save it to a file on your hard drive. New eFiling users must
first create an account by clicking on ``Sign up'' or ``eRegister.''
You will be asked to select the type of filing you are making. This
filing is considered a ``Comment on Filing.'' In addition, there is a
``Quick Comment'' option available, which is an easy method for
interested persons to submit text only comments on a project. The
Quick-Comment User Guide can be viewed at http://www.ferc.gov/docs-
filing/efiling/quick-comment-guide.pdf. Quick Comment does not require
a FERC eRegistration account; however, you will be asked to provide a
valid e-mail address. All comments submitted under either eFiling or
the Quick Comment option are placed in the public record for the
specified docket or project number(s).
    Once Atmos formally files its application with the Commission, you
may want to become an official party to the proceeding known as an
``intervenor.'' Intervenors play a more formal role in the process and
are able to file briefs, appear at hearings, and be heard by the courts
if they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``e-filing'' link on the Commission's web site.
Please note that you may not request intervenor status at this time.
You must wait until a formal application is filed with the Commission.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.
    If you received this notice, you are on the environmental mailing
list for this project. If you do not want to send comments at this
time, but still want to remain on our mailing list, please return the
Information Request (Appendix 3). If you do not return the Information
Request, you will be removed from the Commission's environmental
mailing list.

Availability of Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary
link.'' Click on the eLibrary link, select ``General Search'' and enter
the project docket number excluding the last three digits (i.e., PF06-
21) in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or TTY, contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.
    In addition, the FERC now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/
esubscribenow.htm.
    Site visits will be posted on the Commission's calendar located at

http://www.ferc.gov/EventCalendar/EventsList.aspx along with other
related information.
    Finally, Atmos has established an Internet Web site for this
project at www.atmosenergy.com/fortnecessity. The Web site includes a
description of the project, a map of the proposed storage facility and
pipeline routes, and answers to frequently asked questions. You can
also request additional information or provide comments directly to
Atmos at 1-(888) 877-4006 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E8-11331 Filed 5-20-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Rules and Regulations]
[Pages 22871-22873]
[FR Doc No: 2014-09382]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-0186]
RIN 1625-AA00

Safety Zone; Ohio River, Mile 803.5 to 804.5 Henderson, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River, beginning at mile marker 803.5 and ending
at mile marker 804.5. This safety zone is necessary to provide safety
for recreational boaters that will be spectators at the Henderson
Breakfast Lions Club Tri Fest fireworks. Commercial vessels are
prohibited from entering into this area and all vessels are prohibited
from entering into the area between mile markers 803.5 and 804.5 unless
specifically authorized by the Captain of the Port (COTP) Ohio Valley
or designated representative.

DATES: This rule is effective from 9:00 p.m. to 9:30 p.m. on April 25,
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0186]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Stephen F. McConnell, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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.
    Publishing an NPRM for this temporary rule is unnecessary as the
public is already aware of this event through a current regulation, and
this temporary rule changes the event from the third weekend of April
to the fourth weekend of April. The current permanent safety zone for
this event is under 33 CFR 165.801, Table 1, no. 12. However, that
regulation only covers the third weekend in April. Based on future
scheduling for this annual event, the Coast Guard has coordinated with
the event sponsor to list the dates in the CFR as the third or fourth
weekend in April. This date change is included in a project to update
the list of recurring safety zones under 33 CFR 165.801, accounting for
this event and other changes, however that rulemaking will not be
published in time for this event.
    Completing the NPRM process for this event is also contrary to the
public interest since immediate action is necessary to ensure the
public is protected from the hazards associated with a fireworks
display over and on the Ohio River during the event. Additionally, this
event has been advertised to and planned for by the local community and
delaying or forgoing a safety zone may interfere with contractual
obligations.
    For the same reasons, 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. Providing 30 days
notice would be contrary to public interest because immediate action is
needed to protect life and property from the hazards associated with an
air show and fireworks display over the waterway.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
    The Henderson Breakfast Lions Club Tri Fest event, including a
fireworks display over and on the Ohio River, will take place on April
25, 2014. Due to the possible hazards associated with this event, the
COTP Ohio Valley is establishing a safety zone for all waters of the
Ohio River beginning at mile marker 803.5 and ending at mile marker
804.5. This safety zone is necessary to provide safety for the public
and marine traffic that will be in the area, including the recreational
boaters and spectators attending the Henderson Breakfast Lions Club Tri
Fest event on the Ohio River.
    A permanent safety zone for this event is currently published under
33 CFR 165.801, as referenced above. This temporary rule is necessary
to move the event from the third weekend of April to the fourth weekend
of April.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a safety zone for all vessel
traffic on the Ohio River between mile 803.5 and mile 804.5, extending
the entire width of the Ohio River. Transit into and through this area
is prohibited effective from 9:00 p.m. to 9:30 p.m. on April 25, 2014.
Deviation from this safety zone is prohibited unless specifically
authorized by the COTP Ohio Valley, or a designated representative.
Deviation requests will be considered and reviewed on a case-by-case
basis. The COTP Ohio Valley may be contacted by telephone at 1-502-779-
5424 or can be reached by VHF-FM channel 16. The COTP Ohio Valley will
inform the public through broadcast notices to mariners (BNM) of the
enforcement period for the safety zone as well as any changes in the
planned schedule.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule establishes a
temporary safety zone, effective from 9:00 p.m. to 9:30 p.m. on April
25, 2014, for vessels on all waters of the Ohio River from mile 803.5
to mile 804.5. Notifications of enforcement times will be communicated
to the marine community via BNM and through local notice to mariners
(LNM). The impacts on navigation will be limited to protecting persons
and property from the potential hazards associated with the Henderson
Breakfast Lions Club Tri Fest fireworks.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
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.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Ohio River, from 9:00 p.m. to 9:30 p.m. on April 25, 2014. This
safety zone will not have a significant economic impact on a
substantial number of small entities due to its limited scope and short
duration. Additionally, requests to deviate from the rule will be
considered on a case-by-case basis. Notifications to the marine
community will be made through BNM, LNM, and communications with local
waterway users. Notices of changes to the safety zone and effective
times will also be made.

3. Assistance for 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This
rule involves establishing a temporary safety zone to provide safety
for the recreational boaters that will be spectators at the Henderson
Breakfast Lions Club Tri Fest event.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

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 U.S. 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-305, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

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2. A new temporary Sec.  165.T08-0186 is added to read as follows:

Sec.  165.T08-0186  Safety Zone; Ohio River, Miles 803.5 to 804.5,
Henderson, KY.

    (a) Location. The following area is a safety zone: All waters of
the Ohio River between mile 803.5 and mile 804.5, Henderson, KY,
extending the entire width of the Ohio River.
    (b) Effective dates. This section is effective from 9:00 p.m. to
9:30 p.m. on April 25, 2014.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port (COTP) Ohio Valley or a
designated representative.
    (2) Persons or vessels desiring to enter into or pass through the
safety zone must request permission from the COTP Ohio Valley or a
designated representative. They may be contacted on VHF-FM channel 16
or by telephone at 1-502-5424.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Ohio Valley or designated
representative.
    (d) Informational Broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the planned dates and times of enforcement.

    Dated: April 4, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-09382 Filed 4-24-14; 8:45 am]
BILLING CODE 9110-04-P