Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2, Vanport, PA, 23226-23228 [2018-10625]
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23226
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
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 and Commandant
Instruction M16475.1D, 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
special local regulation covering less
than 3 miles and lasting approximately
3 days. It will prohibit persons and
vessels from loitering, anchoring,
stopping, or drifting more than 100 feet
from any riverbank or act in a manner
that impedes the passage of another
vessel to any launching ramp, marina,
or fleeting area. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
sradovich on DSK3GMQ082PROD with RULES
List of Subjects in 33 CFR Part 100
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 100 as follows:
VerDate Sep<11>2014
15:59 May 17, 2018
Jkt 244001
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
2. Add § 100.T08–0224 to read as
follows:
■
§ 100.T08–0224 Special Local Regulation;
Monongahela, Allegheny, and Ohio Rivers,
Pittsburgh, PA.
(a) Location. The following is a
special local regulation for all navigable
waters of the Allegheny, Monongahela,
and Ohio Rivers between the Ninth
Street Highway Bridge at mile marker
(MM) 0.8, Allegheny River, Fort Pitt
Highway Bridge at MM 0.22,
Monongahela River, and West EndNorth Side Highway Bridge at MM 0.8,
Ohio River.
(b) Applicability. This section applies
to any vessel operating within the area,
including a naval or public vessel,
except a vessel engaged in:
(1) Law enforcement;
(2) Servicing aids to navigation; or
(3) Surveying, maintaining, or
improving waters within the regulated
area.
(c) Regulations. (1) In accordance with
the general regulations in § 100.801, no
vessel shall loiter, anchor, stop, moor,
remain, drift, or act in any manner as to
impede safe passage of another vessel to
any launching ramp, marina, or fleeting
area unless authorized by the Captain of
the Port Marine Safety Unit Pittsburgh
(COTP) or a designated representative.
(2) No vessel shall loiter, anchor, stop,
moor, remain or drift at any time more
than 100 feet from any riverbank within
the regulated area unless authorized by
the COTP or a designated
representative.
(3) Persons and vessels seeking entry
into the regulated area must request
permission from the COTP or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh. They may be
contacted on VHF–FM Channel 16.
(4) Persons and vessels permitted to
enter the regulated area must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Effective period. This section will
be effective from 4 p.m. on June 1, 2018
through 3 p.m. on June 3, 2018.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
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Fmt 4700
Sfmt 4700
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: May 9, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–10624 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0441]
RIN 1625–AA00
Safety Zone; Ohio River Mile Marker
27.8 to Mile Marker 28.2, Vanport, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Ohio River
from mile marker 27.8 to mile marker
28.2 near the Vanport Highway Bridge.
This safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by two separately occurring
cargo movements near the Vanport
Highway Bridge in Vanport, PA. Entry
of vessels or persons into the zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
DATES: This rule is effective without
actual notice from May 18, 2018 through
6 p.m. on May 27, 2018. For the
purposes of enforcement, actual notice
will be used from 8 a.m. on May 12,
2018 through May 18, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0441 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 Jennifer Haggins,
Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone 412–221–
0807, email Jennifer.L.Haggins@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\18MYR1.SGM
18MYR1
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
the Ohio River. This rule is necessary to
protect personnel, vessels, and the
marine environment in the navigable
waters before, during, and after the
cargo movements.
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
sradovich on DSK3GMQ082PROD with RULES
II. Background Information and
Regulatory History
On May 8, 2018, Bechtel notified the
Coast Guard that there will be two cargo
movements in the vicinity of the
Vanport Highway Bridge that could
create potential hazards for the bridge’s
structural integrity over the next several
weeks. 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We did not receive notice
of these cargo operations until May 8,
2018. The safety zone must be
established by May 12, 2018, and we
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zones until after the dates of the cargo
operations and compromise public
safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to protect the public and vessels
from the potential safety hazards
associated with the cargo movement
operation.
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 Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with two
cargo movement operations that will
take place between May 12, 2018 and
May 27, 2018 will be a safety concern
for anyone within a half-mile stretch of
VerDate Sep<11>2014
15:59 May 17, 2018
Jkt 244001
IV. Discussion of the Rule
This rule establishes a safety zone for
all navigable waters of the Ohio River
from mile marker 27.8 to mile marker
28.2. It is effective from 8 a.m. on May
12, 2018 through 6 p.m. on May 27,
2018. Entry into the safety zone during
the enforcement period is prohibited
unless authorized by the COTP or a
designated representative. Subject to the
cargo delivery intervals and potential
inclement weather, the periods of
enforcement will be 30 minutes prior to,
during, and 1 hour after any cargo
movement near the Vanport Highway
Bridge. The Coast Guard was informed
that the two cargo movement operations
would take place during daylight hours
only and last approximately 4 hours
each. A safety vessel will coordinate all
vessel traffic during the enforcement
periods. The COTP or a designated
representative will inform the public
through Broadcast Notice to Mariners
(BNM), Local Notices to Mariners
(LNM), and/or Marine Safety
Information Broadcasts (MSIBs), or
through other means of public notice, as
appropriate, at least 3 hours in advance
of the enforcement periods. The
duration of the zones is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during cargo movement
operations. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
Marine Safety Unit Pittsburgh. They
may be contacted on VHF–FM Channel
16 or 67. Persons and vessels permitted
to enter this regulated area must transit
at their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
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Fmt 4700
Sfmt 4700
23227
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 zones.
This safety zone will be enforced for a
period of approximately four hours on
two separate days between May 12,
2018 and May 27, 2018 on less than a
half mile of the Ohio River. The Coast
Guard will issue LNMs, BNMs, and
MSIBs, about the temporary safety zone,
and this rule allows vessels to seek
permission from the COTP or a
designated representative to enter the
safety zones.
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 these safety
zones 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.
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
E:\FR\FM\18MYR1.SGM
18MYR1
23228
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD with RULES
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 and Commandant
Instruction M16475.1D, 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 that prohibits entry on a half-mile
stretch of the Ohio River for 4 hours
between May 12, 2018 and May 27,
2018. It is categorically excluded from
further review under paragraph L60(d)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination will be made available in
the docket where indicated under
ADDRESSES.
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
VerDate Sep<11>2014
15:59 May 17, 2018
Jkt 244001
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
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: 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.
2. Add § 165.T08–0441 to read as
follows:
■
§ 165.T08–0441 Safety Zone; Ohio River
mile marker 27.8 to mile marker 28.2,
Vanport, PA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Ohio River from mile marker (MM) 27.8
to MM 28.2.
(b) Effective period. This section is
effective from 8 a.m. on May 12, 2018
through 6 p.m. on May 27, 2018.
(c) Enforcement period. Subject to
cargo delivery intervals and potential
inclement weather, this section will be
enforced on two separate occasions
during the effective period. Each will be
30 minutes prior to, during, and 1 hour
after any cargo movement in the vicinity
of the Vanport Highway Bridge. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative will inform the public of
the enforcement period through
Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNM), and/
or Marine Safety Information Broadcasts
(MSIBs) or through other means of
public notice at least 3 hours in advance
of the enforcement period. A safety
vessel will coordinate all vessel traffic
during the enforcement of these safety
zones.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into the zone is
prohibited unless authorized by the
COTP or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Marine Safety Unit Pittsburgh.
(2) Vessels requiring entry into the
safety zone must request permission
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through LNMs, BNMs, or
MSIBs as appropriate.
Dated: May 11, 2018
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–10625 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0368]
RIN 1625–AA00
Safety Zone; Tuskegee Airmen River
Days Air Show, Detroit River, Detroit,
MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters in the vicinity of
Detroit, MI. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the
Tuskegee Airmen River Days Airshow.
DATES: This temporary final rule is
effective from 12:30 p.m. on June 22,
2018 until 8 p.m. on June 25, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0368 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 temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
E:\FR\FM\18MYR1.SGM
Code of Federal Regulations
18MYR1
]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23226-23228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10625]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0441]
RIN 1625-AA00
Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2,
Vanport, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Ohio River from mile marker 27.8 to mile
marker 28.2 near the Vanport Highway Bridge. This safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by two separately occurring cargo movements
near the Vanport Highway Bridge in Vanport, PA. Entry of vessels or
persons into the zone is prohibited unless authorized by the Captain of
the Port Marine Safety Unit Pittsburgh or a designated representative.
DATES: This rule is effective without actual notice from May 18, 2018
through 6 p.m. on May 27, 2018. For the purposes of enforcement, actual
notice will be used from 8 a.m. on May 12, 2018 through May 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0441 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 Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 23227]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 8, 2018, Bechtel notified the Coast Guard that there will be
two cargo movements in the vicinity of the Vanport Highway Bridge that
could create potential hazards for the bridge's structural integrity
over the next several weeks. 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)(3)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it is impracticable. We did not receive notice of these
cargo operations until May 8, 2018. The safety zone must be established
by May 12, 2018, and we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing this
rule. The NPRM process would delay the establishment of the safety
zones until after the dates of the cargo operations and compromise
public safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to protect the public and vessels from the potential
safety hazards associated with the cargo movement operation.
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 Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with two cargo movement
operations that will take place between May 12, 2018 and May 27, 2018
will be a safety concern for anyone within a half-mile stretch of the
Ohio River. This rule is necessary to protect personnel, vessels, and
the marine environment in the navigable waters before, during, and
after the cargo movements.
IV. Discussion of the Rule
This rule establishes a safety zone for all navigable waters of the
Ohio River from mile marker 27.8 to mile marker 28.2. It is effective
from 8 a.m. on May 12, 2018 through 6 p.m. on May 27, 2018. Entry into
the safety zone during the enforcement period is prohibited unless
authorized by the COTP or a designated representative. Subject to the
cargo delivery intervals and potential inclement weather, the periods
of enforcement will be 30 minutes prior to, during, and 1 hour after
any cargo movement near the Vanport Highway Bridge. The Coast Guard was
informed that the two cargo movement operations would take place during
daylight hours only and last approximately 4 hours each. A safety
vessel will coordinate all vessel traffic during the enforcement
periods. The COTP or a designated representative will inform the public
through Broadcast Notice to Mariners (BNM), Local Notices to Mariners
(LNM), and/or Marine Safety Information Broadcasts (MSIBs), or through
other means of public notice, as appropriate, at least 3 hours in
advance of the enforcement periods. The duration of the zones is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during cargo movement operations. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of Marine
Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel 16 or
67. Persons and vessels permitted to enter this regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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 zones. This safety
zone will be enforced for a period of approximately four hours on two
separate days between May 12, 2018 and May 27, 2018 on less than a half
mile of the Ohio River. The Coast Guard will issue LNMs, BNMs, and
MSIBs, about the temporary safety zone, and this rule allows vessels to
seek permission from the COTP or a designated representative to enter
the safety zones.
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
these safety zones 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.
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
[[Page 23228]]
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
Directive 023-01 and Commandant Instruction M16475.1D, 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 that prohibits entry on a half-mile stretch of the Ohio
River for 4 hours between May 12, 2018 and May 27, 2018. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination
will be made available in the docket where indicated under ADDRESSES.
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
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.T08-0441 to read as follows:
Sec. 165.T08-0441 Safety Zone; Ohio River mile marker 27.8 to mile
marker 28.2, Vanport, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River from mile marker (MM) 27.8 to MM 28.2.
(b) Effective period. This section is effective from 8 a.m. on May
12, 2018 through 6 p.m. on May 27, 2018.
(c) Enforcement period. Subject to cargo delivery intervals and
potential inclement weather, this section will be enforced on two
separate occasions during the effective period. Each will be 30 minutes
prior to, during, and 1 hour after any cargo movement in the vicinity
of the Vanport Highway Bridge. The Captain of the Port Marine Safety
Unit Pittsburgh (COTP) or a designated representative will inform the
public of the enforcement period through Broadcast Notice to Mariners
(BNM), Local Notices to Mariners (LNM), and/or Marine Safety
Information Broadcasts (MSIBs) or through other means of public notice
at least 3 hours in advance of the enforcement period. A safety vessel
will coordinate all vessel traffic during the enforcement of these
safety zones.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into the zone is prohibited unless
authorized by the COTP or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Marine Safety Unit Pittsburgh.
(2) Vessels requiring entry into the safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) All persons and vessels permitted to enter this safety zone
must transit at the slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through LNMs, BNMs, or MSIBs as appropriate.
Dated: May 11, 2018
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-10625 Filed 5-17-18; 8:45 am]
BILLING CODE 9110-04-P
