Safety Zone; Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania, 58745-58747 [2018-25379]
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Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0825]
Drawbridge Operation Regulation;
Okeechobee Waterway
(Caloosahatchee River), LaBelle, FL
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
Caloosahatchee River (SR 29/LaBelle)
Bridge across the Okeechobee Waterway
(Caloosahatchee River), mile 103, at
LaBelle, FL. The deviation is necessary
to accommodate repairs to the bridge.
This deviation allows the bridge singleleaf openings with advanced notice for
a double-leaf opening.
DATES: This deviation is effective
without actual notice from November
21, 2018 through 6 a.m. on December
31, 2018. For the purposes of
enforcement, actual notice will be used
from 6 a.m. on August 13, 2018, until
November 21, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0825 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 MST1 Deborah
A. Schneller, Coast Guard Sector Saint
Petersburg Waterways Management
Division; telephone (813) 228–2194 x
8133, email Deborah.A.Schneller@
uscg.mil.
SUPPLEMENTARY INFORMATION: Seacoast
Inc., on behalf of the bridge owner,
Florida Department of Transportation
(FDOT), has requested a temporary
deviation from the current operating
regulation that governs the
Caloosahatchee River (SR29/LaBelle)
Bridge across the Okeechobee Waterway
(Caloosahatchee River), mile 103, at
LaBelle, FL. The deviation is necessary
to facilitate necessary repairs to the
structural integrity of the bridge. The
existing bridge is a double-leaf bascule
bridge with at vertical clearance in the
closed to navigation position of 28 feet
under normal water level conditions on
the Okeechobee Waterway.
The current operating schedule is set
out in 33 CFR 117.317(i)(j). Under this
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SUMMARY:
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Jkt 247001
temporary deviation, the bridge will
provide single-leaf openings utilizing
the current operating schedule. Request
for a double-leaf opening requires
advance notice by contacting the bridge
tender at (813) 228–2191 at least four
hours in advance. The vertical clearance
of the bridge will be reduced to 26 feet
under normal water level conditions on
the Okeechobee Waterway to allow for
post tensioning of the existing steel floor
beams. The Okeechobee Waterway
(Caloosahatchee River) is used by a
variety of vessels including U.S.
government vessels, small commercial
vessels, recreational vessels and tugs
and barge traffic. The Coast Guard has
carefully considered the restrictions
with waterway users in publishing this
temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to provide a double-leaf opening for
emergencies and there is no immediate
alternate route for vessels to pass. 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
bridge so that vessel operators 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 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: November 15, 2018.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard
District.
[FR Doc. 2018–25332 Filed 11–20–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0653]
RIN 1625–AA00
Safety Zone; Ohio River, Mile 28.0 to
29.2, Vanport, Pennsylvania
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 28.0 to mile 29.2. This action
SUMMARY:
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58745
is necessary to protect persons, vessels,
and the marine environment from
potential hazards associated with power
line work across the river. Entry of
persons or vessels 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 November 21, 2018
through December 31, 2018. For the
purposes of enforcement, actual notice
will be used from 6 a.m. on November
16, 2018 through November 21, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0653 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; telephone 412–221–0807,
email Jennifer.L.Haggins@uscg.mil.
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
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. This safety zone must be
established by November 16, 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 power
line pulls and compromise public
safety.
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58746
Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations
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 this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with power line work, which
could pose a risk to the operation and
waterways users if the normal vessel
traffic were to interfere with the work.
Possible hazards include risks of injury
or death from near or actual contact
among working vessels and mariners
traversing through the safety zone.
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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 power
line pulls across the Ohio River will be
a safety hazard for anyone within a 1.2
mile stretch of the Ohio River. The rule
is needed to protect people from power
line work which could pose a risk to the
operation and waterways users if the
normal vessel traffic were to interfere
with the work. Possible hazards include
risks of injury or death from near or
actual contact among working vessels
and mariners traversing through the
safety zone.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 6 a.m. through 8 p.m.
on November 16, 2018 through
December 31, 2018. The safety zone will
cover all navigable waters of the Ohio
River, from mile 28.0 to mile 29.2. The
duration of the zone is intended to
protect persons, vessels, and the marine
environment on these navigable waters
before, during, and after the power line
pulls. 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
USCG Marine Safety Unit Pittsburgh.
Persons and vessels seeking 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 by telephone
at (412) 221–0807. Persons and vessels
permitted to enter this safety zone must
transit at their slowest safe speed and
comply with all lawful instructions of
the COTP or a designated
representative. The COTP or a
designated representative will inform
the public of the enforcement period for
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the safety zone as well as any changes
in the schedule through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), 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 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
Review’’) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017).
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.
PO 00000
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Fmt 4700
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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
temporary 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
E:\FR\FM\21NOR1.SGM
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Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations
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 lasting 13 hours on each day that
will prohibit entry on a 1.2 mile stretch
of the Ohio River. 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.
khammond on DSK30JT082PROD with RULES
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.
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15:51 Nov 20, 2018
Jkt 247001
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.T08–0653 to read as
follows:
■
§ 165.T08–0653 Safety Zone; Ohio River,
mile 28.0 to mile 29.2, Vanport, PA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Ohio River from mile 28.0 to mile 29.2.
(b) Effective period. This section is
effective without actual notice from
November 21, 2018 through December
31, 2018. For the purposes of
enforcement, actual notice will be used
from 6 a.m. on November 16, 2018
through November 21, 2018.
(c) Enforcement periods. This section
will be enforced from 6 a.m. through 8
p.m. daily. Breaks in the power line
work will occur during the enforcement
periods, which will allow for vessels to
pass through the safety zone. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative will provide notice of
breaks as appropriate under paragraph
(e) of this section.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by 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.
(2) Persons and vessels seeking 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 by
telephone at (412) 221–0807.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful instructions of the COTP
or a designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement period for the safety zone
as well as any changes in the schedule
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
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58747
Information Bulletins (MSIBs) as
appropriate.
Dated: November 16, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–25379 Filed 11–20–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R5–ES–2017–0056;
4500030113]
RIN 1018–BC44
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for the Candy Darter
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), determine
endangered species status under the
Endangered Species Act of 1973 (Act),
as amended, for the candy darter
(Etheostoma osburni), a freshwater fish
species from Virginia and West Virginia.
This rule adds this species to the
Federal List of Endangered and
Threatened Wildlife.
DATES: This rule is effective December
21, 2018.
ADDRESSES: This final rule is available
on the internet at https://
www.regulations.gov and https://
www.fws.gov/northeast/candydarter.
Comments and materials we received, as
well as supporting documentation we
used in preparing this rule, are available
for public inspection at https://
www.regulations.gov. Comments,
materials, and documentation that we
considered in this rulemaking will be
available by appointment, during
normal business hours, at: U.S. Fish and
Wildlife Service, West Virginia
Ecological Services Field Office, 694
Beverly Pike, Elkins, WV 26241–9475;
telephone 304–636–6586.
FOR FURTHER INFORMATION CONTACT: John
Schmidt, Field Supervisor, West
Virginia Ecological Services Field
Office, 694 Beverly Pike, Elkins, WV
26241–9475; telephone 304–636–6586.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Rules and Regulations]
[Pages 58745-58747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25379]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0653]
RIN 1625-AA00
Safety Zone; Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania
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 28.0 to mile 29.2.
This action is necessary to protect persons, vessels, and the marine
environment from potential hazards associated with power line work
across the river. Entry of persons or vessels 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 November 21,
2018 through December 31, 2018. For the purposes of enforcement, actual
notice will be used from 6 a.m. on November 16, 2018 through November
21, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0653 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; 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 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. This
safety zone must be established by November 16, 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 power line pulls and compromise public safety.
[[Page 58746]]
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 this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with power line
work, which could pose a risk to the operation and waterways users if
the normal vessel traffic were to interfere with the work. Possible
hazards include risks of injury or death from near or actual contact
among working vessels and mariners traversing through the safety zone.
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 power line pulls
across the Ohio River will be a safety hazard for anyone within a 1.2
mile stretch of the Ohio River. The rule is needed to protect people
from power line work which could pose a risk to the operation and
waterways users if the normal vessel traffic were to interfere with the
work. Possible hazards include risks of injury or death from near or
actual contact among working vessels and mariners traversing through
the safety zone.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 a.m. through 8
p.m. on November 16, 2018 through December 31, 2018. The safety zone
will cover all navigable waters of the Ohio River, from mile 28.0 to
mile 29.2. The duration of the zone is intended to protect persons,
vessels, and the marine environment on these navigable waters before,
during, and after the power line pulls. 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 USCG Marine Safety
Unit Pittsburgh. Persons and vessels seeking 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 by
telephone at (412) 221-0807. Persons and vessels permitted to enter
this safety zone must transit at their slowest safe speed and comply
with all lawful instructions of the COTP or a designated
representative. The COTP or a designated representative will inform the
public of the enforcement period for the safety zone as well as any
changes in the schedule through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), 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 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs''' (April 5, 2017).
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
temporary 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
[[Page 58747]]
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 lasting 13 hours on each day that will prohibit entry on
a 1.2 mile stretch of the Ohio River. 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
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.T08-0653 to read as follows:
Sec. 165.T08-0653 Safety Zone; Ohio River, mile 28.0 to mile 29.2,
Vanport, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River from mile 28.0 to mile 29.2.
(b) Effective period. This section is effective without actual
notice from November 21, 2018 through December 31, 2018. For the
purposes of enforcement, actual notice will be used from 6 a.m. on
November 16, 2018 through November 21, 2018.
(c) Enforcement periods. This section will be enforced from 6 a.m.
through 8 p.m. daily. Breaks in the power line work will occur during
the enforcement periods, which will allow for vessels to pass through
the safety zone. The Captain of the Port Marine Safety Unit Pittsburgh
(COTP) or a designated representative will provide notice of breaks as
appropriate under paragraph (e) of this section.
(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 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.
(2) Persons and vessels seeking 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 by telephone at (412) 221-
0807.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
instructions of the COTP or a designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement period for the
safety zone as well as any changes in the schedule through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.
Dated: November 16, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-25379 Filed 11-20-18; 8:45 am]
BILLING CODE 9110-04-P
