Safety Zone; Ohio River, Mile Marker 27.8 to Mile Marker 28.2, Vanport, PA, 26365-26367 [2018-12283]
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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 24, 2018.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2018–12287 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0428]
Drawbridge Operation Regulation;
Snohomish River and Steamboat
Slough, Everett and Marysville, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the twin, SR 529
Highway Bridge, north bound, across
Steamboat Slough, mile 1.2, near
Marysville, WA. The deviation is
necessary to accommodate painting and
preservation. This deviation allows the
bridge to remain in the closed-tonavigation position during the
maintenance period to allow safe
movement of the work crew.
DATES: This deviation is effective from
12:01 a.m. on July 2, 2018 to 11:59 p.m.
on September 30, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0428 is available
at https://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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation, the bridge owner, has
requested that the twin, SR 529,
Highway Bridge, north bound, across
Steamboat Slough, mile 1.2, near
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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Marysville, WA, remain in the closedto-navigation position, which will
reduce the lift span’s vertical clearance
by three feet. This request is to facilitate
safe, uninterrupted bridge work for
painting and preservation. The SR 529
highway bridge across Steamboat
Slough, mile 1.2, provides 10 feet of
vertical clearance above mean high
water elevation while in the closed-tonavigation position; and this bridge
operates in accordance with 33 CFR
117.1059(g).
The twin, SR 529, Highway Bridge,
north bound, across Steamboat Slough,
mile 1.2, is authorized to remain in the
closed-to navigation position, and need
not open for maritime traffic from 12:01
a.m. on July 2, 2018 to 11:59 p.m. on
September 30, 2018. The subject
bridge’s lift span vertical clearance is
also authorized to be reduced from ten
feet to seven feet except for a 50 foot
wide section that shall not be reduced
for maritime passage. The bridge shall
operate in accordance to 33 CFR
117.1059(g) at all other times.
Waterway usage on this part of the
Snohomish River and Steamboat Slough
includes vessels ranging from
commercial tug and barge to small
pleasure craft. Vessels able to pass
under the subject bridge in the closedto-navigation position may do so at any
time. The subject bridge will not be able
to open for vessels engaged in
emergency response during the closure
period. An alternate route for vessels to
pass is available through Ebey Slough
and Union Slough near the entrance of
Steamboat Slough at high tide. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridges so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to the
regular operating schedule immediately
at the end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 23, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–12284 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
26365
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0308]
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
the navigable waters of the Ohio River
from mile marker 27.8 to mile marker
28.2 near the Vanport Highway Bridge.
The safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created by a cargo movement near the
Vanport Highway Bridge in Vanport,
PA. Entry of vessels or persons into this
zone is prohibited unless authorized by
the Captain of the Port Marine Safety
Unit Pittsburgh or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from June 7, 2018 through
6 p.m. on June 16, 2018. For the
purposes of enforcement, actual notice
will be used from 8 a.m. on June 2, 2018
through June 7, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0308 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.
DATES:
SUPPLEMENTARY INFORMATION:
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
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
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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
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 must establish this
safety zone by June 2, 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 zone until
after the date of the cargo operation 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 impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the cargo movement.
sradovich on DSK3GMQ082PROD with RULES
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 a
cargo movement operation on a day
between June 2, 2018 and June 16, 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
movement.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 a.m. on June 2, 2018
through 6 p.m. on June 16, 2018 for all
navigable waters of the Ohio River from
mile marker 27.8 to mile marker 28.2.
Entry into this 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 enforcement
period 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 operation would take place
during daylight hours only and last
approximately 4 hours. A safety vessel
will coordinate all vessel traffic during
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Jkt 244001
the enforcement period. The COTP or a
designated representative will inform
the public through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), or
through other means of public notice as
appropriate at least 3 hours in advance
of the enforcement period.
The duration of the zone 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.
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 Local
Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate.
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. This
safety zone will be enforced for a period
PO 00000
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of four hours on one day on less than
a half mile of the Ohio River. The Coast
Guard will issue LNMs and BNMs via
VHF–FM marine channel 16 about the
temporary safety zone, and the rule
allows vessels to seek permission from
the COTP or a designated representative
to enter the safety 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).
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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
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.
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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
temporary safety zone lasting only 4
hours that prohibits entry on a half-mile
stretch of the Ohio River for 4 hours on
one day from June 2, 2016 through June
16, 2018. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
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15:41 Jun 06, 2018
Jkt 244001
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.
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.
26367
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 this
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 Local Notices to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: June 1, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–12283 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
■
2. Add § 165.T08–0308 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T08–0308 Safety Zone; Ohio River,
mile marker 27.8 to mile marker 28.2,
Vanport, PA.
Coast Guard
(a) Location. The following area is a
safety zone: All navigable waters of the
Ohio River from mile marker 27.8 to
mile marker 28.2.
(b) Effective period. This section is
effective from 8 a.m. on June 2, 2018
through 6 p.m. on June 16, 2018.
(c) Enforcement period. This section
will be enforced from June 2, 2018
through June 16, 2018, subject to cargo
delivery intervals and potential
inclement weather, 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 BNMs, LNMs, and/or Marine
Safety Information Bulletins (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 this safety zone.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by the COTP or designated
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33 CFR Part 165
[Docket Number USCG–2018–0242]
RIN 1625–AA00
Safety Zone; Blazing Paddles 2018
SUP Race; Cuyahoga River, Cleveland,
OH&
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Cuyahoga River
during the Blazing Paddles Stand Up
Paddleboard Race. This safety zone is
intended to restrict vessels from a
portion of the Cuyahoga River during
the Blazing Paddles Stand Up
Paddleboard Race. This temporary
safety zone is necessary to protect
mariners and racers from the
navigational hazards associated with the
Stand Up Paddleboard Race.
DATES: This rule is effective from 8:30
a.m. through 11:30 a.m. on June 23,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26365-26367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12283]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0308]
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
the navigable waters of the Ohio River from mile marker 27.8 to mile
marker 28.2 near the Vanport Highway Bridge. The safety zone is
necessary to protect personnel, vessels, and the marine environment
from potential hazards created by a cargo movement near the Vanport
Highway Bridge in Vanport, PA. Entry of vessels or persons into this
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 June 7, 2018
through 6 p.m. on June 16, 2018. For the purposes of enforcement,
actual notice will be used from 8 a.m. on June 2, 2018 through June 7,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0308 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:
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
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
[[Page 26366]]
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 must establish this safety zone by
June 2, 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 zone
until after the date of the cargo operation 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 impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the cargo movement.
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 a cargo movement
operation on a day between June 2, 2018 and June 16, 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
movement.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. on June
2, 2018 through 6 p.m. on June 16, 2018 for all navigable waters of the
Ohio River from mile marker 27.8 to mile marker 28.2. Entry into this
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
enforcement period 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 operation would take place during daylight
hours only and last approximately 4 hours. A safety vessel will
coordinate all vessel traffic during the enforcement period. The COTP
or a designated representative will inform the public through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs), or through other means of
public notice as appropriate at least 3 hours in advance of the
enforcement period.
The duration of the zone 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. 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 Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate.
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. This safety
zone will be enforced for a period of four hours on one day on less
than a half mile of the Ohio River. The Coast Guard will issue LNMs and
BNMs via VHF-FM marine channel 16 about the temporary safety zone, and
the rule allows vessels to seek permission from the COTP or a
designated representative to enter the safety 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).
[[Page 26367]]
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
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 temporary safety zone lasting only 4 hours that prohibits entry on a
half-mile stretch of the Ohio River for 4 hours on one day from June 2,
2016 through June 16, 2018. It is categorically excluded from further
review under paragraph L60(a) 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.
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.T08-0308 to read as follows:
Sec. 165.T08-0308 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 27.8 to mile marker 28.2.
(b) Effective period. This section is effective from 8 a.m. on June
2, 2018 through 6 p.m. on June 16, 2018.
(c) Enforcement period. This section will be enforced from June 2,
2018 through June 16, 2018, subject to cargo delivery intervals and
potential inclement weather, 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 BNMs, LNMs, and/or Marine Safety Information Bulletins
(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 this safety zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this 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 this 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 Local Notices to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: June 1, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-12283 Filed 6-6-18; 8:45 am]
BILLING CODE 9110-04-P
