Safety Zone; Ohio River, Ironton, OH, 57828-57830 [2017-26476]
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Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations
Dated: December 1, 2017.
Jeffrey. A. Janszen,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
[FR Doc. 2017–26462 Filed 12–7–17; 8:45 am]
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
[Docket Number USCG–2017–1064]
■
1. The authority citation for part 165
continues to read as follows:
RIN 1625–AA00
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Security Delegation
No. 0170.1.
Safety Zone; Ohio River, Ironton, OH
2. Add § 165.T07–1067 to read as
follows:
SUMMARY:
■
sradovich on DSK3GMQ082PROD with RULES
§ 165.T07–1067 Safety Zone; Sector Key
West COTP Zone Post Storm Recovery,
Atlantic Ocean, FL.
(a) Location. The following area is a
safety zone: All waters within 100 yards
of all salvage vessels and pollution
recovery vessels operating within 1
nautical mile of land in the Captain of
the Port (COTP) Key West.
(b) Definition. As used in this section,
the term ‘‘designated representative’’
includes Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP Key West in the
enforcement of the safety zone.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
authorized by the COTP Key West or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact the COTP Key West by
telephone at (305) 292–8727, or a
designated representative via VHF–FM
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Key West or a designated
representative.
(d) Enforcement period. This rule will
be enforced from 8 a.m. on December 1,
2017, through 8 a.m. on February 1,
2018, unless sooner terminated by the
COTP Key West.
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16:24 Dec 07, 2017
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters on the Ohio River
from mile marker (MM) 326.5 to MM
327.5. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards associated with the demolition
of the Ironton-Russell Bridge. 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 December 8, 2017
through December 22, 2017. This rule
will be enforced from December 8, 2017
through December 4, 2017, unless the
demolition is postponed because of
adverse weather, in which case this rule
will be enforced from 10 a.m. to 3 p.m.
on December 5, 2017, December 11–15,
2017, and December 18–22, 2017.
For the purposes of enforcement,
actual notice will be used from
December 4, 2017 until December 8,
2017.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
1064 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 Robert Miller,
Marine Safety Unit Huntington, U.S.
Coast Guard; telephone 304–733–0198,
email STL-SMB-MSUHuntingtonWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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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
§ 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)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
impracticable.
We must establish this safety zone by
December 4, 2017 and lack sufficient
time to provide responsible comment
period and then consider those
comments before issuing the rule.
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 to
provide a full 30 days’ notice is contrary
to public interest because immediate
action is needed to protect persons and
vessels from safety hazards associated
with the Ironton-Russell Bridge
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 the bridge
demolition taking place on or over this
section of the navigable waterway will
be a safety concern for anyone within
the area designated as the safety zone.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone during the bridge demolition.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 10 a.m. on December
4, 2017 through 3 p.m. on December 22,
2017 for all navigable waters of the Ohio
River from mile marker (MM) 326.5 to
MM 327.5, for the Ironton-Russell
Bridge demolition in Ironton, OH. This
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Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations
rule will be enforced on from 10 a.m. to
3 p.m. on December 4, 2017, unless the
demolition is postponed because of
adverse weather, in which case this rule
will be enforced from 10 a.m. to 3 p.m.
on December 5, 2017, December 11–15,
2017, and December 18–22, 2017.
All potential work delay dates are
necessary due to inclement weather,
river conditions or mechanical issues
that could occur preventing the
scheduled demolition on December 4,
2017. The waterway users have been
briefed on the procedures to be taken in
the event of inclement weather or
mechanical issues, and are aware that
the project dates may be changed. This
safety zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
during the bridge demolition. 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.
sradovich on DSK3GMQ082PROD with RULES
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, location, duration,
and time-of-year of the safety zone.
Vessel traffic will not be able to safely
transit through this safety zone, which
will impact a small designated area of
the Ohio River from MM 326.5 through
MM 327.5 for five hours on December
4, 2017, during a time of year when
vessel traffic is normally low. Moreover,
the Coast Guard will issue 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.
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16:24 Dec 07, 2017
Jkt 244001
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 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
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57829
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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 five hours that will
prohibit entry on one day, with alternate
work delay dates, that will prohibit
entry within MM 326.5 through MM
327.5 on the Ohio River due to
demolition project of the IrontonRussell Bridge. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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57830
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations
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.
(e) Information broadcasts. The COTP
or a designated representative will
inform the Public through Broadcast
Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine
Information Broadcasts as appropriate of
the enforcement period for each safety
zone as well as any changes in the
planned and published dates and times
of enforcement.
Dated: December 4, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Ohio Valley.
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:
[FR Doc. 2017–26476 Filed 12–7–17; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
■
1. The authority citation for part 165
continues to read as follows:
RIN 2900–AP48
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.
Extra-Schedular Evaluations for
Individual Disabilities
2. Add § 165.T08–1064 to read as
follows:
■
sradovich on DSK3GMQ082PROD with RULES
(a) Location. The following area is a
safety zone: All waters of the Ohio River
from mile marker (MM) 326.5 through
MM 327.5.
(b) Enforcement period. This rule will
be enforced 10 a.m. through 3 p.m. on
December 4, 2017, unless the
demolition is postponed because of
adverse weather, in which case this rule
will be enforced from 10 a.m. to 3 p.m.
on December 5, 2017, December 11–15,
2017, and December 18–22, 2017.
(c) 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 (COTP) Sector Ohio Valley in
the enforcement of the safety zone.
(d) 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 a designated representative.
(2) To seek permission to enter,
contact the COTP or designated
representative via radio on channel 16.
(3) All persons and vessels shall
comply with the instruction of the
COTP and designated on-scene
personnel.
16:24 Dec 07, 2017
Jkt 244001
ACTION:
The Department of Veterans
Affairs (VA) amends its adjudication
regulation pertaining to extra-schedular
consideration of a service-connected
disability in exceptional compensation
cases. This rule clarifies that an extraschedular evaluation is to be applied to
an individual service-connected
disability when the disability is so
exceptional or unusual that it makes
application of the regular rating
schedule impractical. An extraschedular evaluation may not be based
on the combined effect of more than one
service-connected disability. For the
reasons set forth in the proposed rule
and in this final rule, VA is adopting the
proposed rule as final, with two
changes, as explained below.
DATES:
Effective Date: This rule is effective
January 8, 2018.
Applicability Date: The provisions of
this final rule shall apply to all
applications for benefits that are
received by VA on or after January 8,
2018 or that are pending before VA, the
United States Court of Appeals for
Veterans Claims, or the United States
Court of Appeals for the Federal Circuit
(Federal Circuit) on January 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Nora Jimison, Policy Analyst,
Regulations Staff (211D), Compensation
Service, Department of Veterans Affairs,
810 Vermont Avenue NW., Washington,
DC 20420, (202) 461–9700. (This is not
a toll-free telephone number.)
SUMMARY:
§ 165.T08–1064 Safety zone; Ohio River,
MM 326.5 through MM 327.5, Ironton, OH.
VerDate Sep<11>2014
Department of Veterans Affairs.
Final rule.
AGENCY:
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On April
20, 2016, VA published in the Federal
Register (81 FR 23228) a proposed rule
to amend its regulation at 38 CFR
3.321(b)(1) in order to clarify its longstanding interpretation that the
regulation provides an extra-schedular
evaluation for a single serviceconnected disability, and not for the
combined effect of two or more serviceconnected disabilities. Section 501 of
title 38, United States Code, provides
VA with the authority to interpret its
own regulations under its general
rulemaking authority. Menegassi v.
Shinseki, 638 F.3d 1379, 1382 (Fed. Cir.
2011). VA had already proposed to
clarify section 3.321(b)(1) as part of a
regulation rewrite project in 2013;
however, a subsequent decision by the
Federal Circuit held that section
3.321(b)(1) required VA to consider the
combined effects of two or more serviceconnected disabilities when
determining extra-schedular
evaluations. Johnson v. McDonald, 762
F.3d 1362, 1365–66 (Fed. Cir. 2014),
rev’g 26 Vet. App. 237 (2013). This
decision conflicts with VA’s
longstanding interpretation of section
3.321(b)(1), and VA therefore decided to
amend the regulation in a separate
rulemaking to clarify its interpretation
of the regulation.
Interested persons were invited to
submit comments to the proposed rule
on or before June 20, 2016, and 11
comments were received. Those
comments have been organized
according to topic in the discussion
below.
SUPPLEMENTARY INFORMATION:
I. Separation of Powers
A commenter stated that VA’s
rulemaking to overturn Johnson is a
violation of the constitutional doctrines
of separation of powers and due
process. We disagree. ‘‘A court’s prior
judicial construction of a statute trumps
an agency construction . . . if the prior
court decision holds that its
construction follows from the
unambiguous terms of the statute and
thus leaves no room for agency
discretion.’’ National Cable &
Telecomms. Ass’n v. Brand X Internet
Servs., 545 U.S. 967, 982 (2005). The
Federal Circuit, however, held in
Johnson that the language of prior 38
CFR 3.321(b)(1), not a statute, was
‘‘unambiguous’’ and ‘‘consistent with
language of [38 U.S.C.] § 1155
authorizing the regulation.’’ 762 F.3d at
1365–66. Where a court decision is
based on interpretation of an agency
regulation, the agency may undertake
rulemaking to revise the regulation to
change or clarify the intended meaning
of the regulation. See National Org.
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]]>Agencies
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57828-57830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26476]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1064]
RIN 1625-AA00
Safety Zone; Ohio River, Ironton, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters on the Ohio River from mile marker (MM) 326.5 to
MM 327.5. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
demolition of the Ironton-Russell Bridge. 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 December 8,
2017 through December 22, 2017. This rule will be enforced from
December 8, 2017 through December 4, 2017, unless the demolition is
postponed because of adverse weather, in which case this rule will be
enforced from 10 a.m. to 3 p.m. on December 5, 2017, December 11-15,
2017, and December 18-22, 2017.
For the purposes of enforcement, actual notice will be used from
December 4, 2017 until December 8, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-1064 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 Robert Miller, Marine Safety Unit
Huntington, U.S. Coast Guard; telephone 304-733-0198, email [email protected].
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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because impracticable.
We must establish this safety zone by December 4, 2017 and lack
sufficient time to provide responsible comment period and then consider
those comments before issuing the rule.
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 to
provide a full 30 days' notice is contrary to public interest because
immediate action is needed to protect persons and vessels from safety
hazards associated with the Ironton-Russell Bridge 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 the bridge demolition taking
place on or over this section of the navigable waterway will be a
safety concern for anyone within the area designated as the safety
zone. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
bridge demolition.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 10 a.m. on
December 4, 2017 through 3 p.m. on December 22, 2017 for all navigable
waters of the Ohio River from mile marker (MM) 326.5 to MM 327.5, for
the Ironton-Russell Bridge demolition in Ironton, OH. This
[[Page 57829]]
rule will be enforced on from 10 a.m. to 3 p.m. on December 4, 2017,
unless the demolition is postponed because of adverse weather, in which
case this rule will be enforced from 10 a.m. to 3 p.m. on December 5,
2017, December 11-15, 2017, and December 18-22, 2017.
All potential work delay dates are necessary due to inclement
weather, river conditions or mechanical issues that could occur
preventing the scheduled demolition on December 4, 2017. The waterway
users have been briefed on the procedures to be taken in the event of
inclement weather or mechanical issues, and are aware that the project
dates may be changed. This safety zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters during the bridge demolition. 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. 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,
location, duration, and time-of-year of the safety zone. Vessel traffic
will not be able to safely transit through this safety zone, which will
impact a small designated area of the Ohio River from MM 326.5 through
MM 327.5 for five hours on December 4, 2017, during a time of year when
vessel traffic is normally low. Moreover, the Coast Guard will issue
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
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 five hours that will prohibit
entry on one day, with alternate work delay dates, that will prohibit
entry within MM 326.5 through MM 327.5 on the Ohio River due to
demolition project of the Ironton-Russell Bridge. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
[[Page 57830]]
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.T08-1064 to read as follows:
Sec. 165.T08-1064 Safety zone; Ohio River, MM 326.5 through MM 327.5,
Ironton, OH.
(a) Location. The following area is a safety zone: All waters of
the Ohio River from mile marker (MM) 326.5 through MM 327.5.
(b) Enforcement period. This rule will be enforced 10 a.m. through
3 p.m. on December 4, 2017, unless the demolition is postponed because
of adverse weather, in which case this rule will be enforced from 10
a.m. to 3 p.m. on December 5, 2017, December 11-15, 2017, and December
18-22, 2017.
(c) 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 (COTP) Sector Ohio Valley in the enforcement of the
safety zone.
(d) 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 a
designated representative.
(2) To seek permission to enter, contact the COTP or designated
representative via radio on channel 16.
(3) All persons and vessels shall comply with the instruction of
the COTP and designated on-scene personnel.
(e) Information broadcasts. The COTP or a designated representative
will inform the Public through Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety Marine Information Broadcasts as
appropriate of the enforcement period for each safety zone as well as
any changes in the planned and published dates and times of
enforcement.
Dated: December 4, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-26476 Filed 12-7-17; 8:45 am]
BILLING CODE 9110-04-P
