Safety Zone; Ohio River, Miles 110.5 to 111.5, Moundsville, WV, 28732-28734 [2019-12957]
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28732
Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations
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. We have
not received any comments for this rule
change.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32) (e), of the
Instruction. A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
G. Protest Activities
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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.
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 117.1041 by adding
paragraph (a)(3) to read as follows:
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble. We have not
received any comments for this rule
change.
List of Subjects in 33 CFR Part 117
1. The authority citation for part 117
continues to read as follows:
■
■
E. Unfunded Mandates Reform Act
§ 117.1041
Duwamish Waterway.
(a) * * *
(3) Between the hours of 11 p.m. and
7 a.m., Monday through Sunday, the
South Park Bridge shall open if at least
a 12 hour notice is given by telephone
or VHF radio to the drawtender at the
South Park Bridge. If emergency
responders require a bridge opening
between 11 p.m. and 7 a.m., the South
Park Bridge shall open within 45
minutes from initial notification to the
Fremont Bridge operator. Vessels
engaged in sea-trials or dredging
activities may request a standby
drawtender to open the bridge, on
demand, during sea-trials and/or
dredging operations, if at least a 24 hour
notice is given to the South Park Bridge
drawtender.
*
*
*
*
*
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2019–12958 Filed 6–19–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0451]
RIN 1625–AA00
Safety Zone; Ohio River, Miles 110.5 to
111.5, Moundsville, WV
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 110.5 to mile 111.5. This
safety zone is necessary to protect
persons, vessels, and the marine
environment from potential hazards
associated with shoreside demolition
activities. 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.
SUMMARY:
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This rule is effective from June
22, 2019 through June 30, 2019. The
rule will be enforced from 6 a.m.
through noon on one day between June
22, 2019 and June 30, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0451 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:
DATES:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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 June 22, 2019 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 building
demolition 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 this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with the shoreside building
demolition.
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Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations
III. Legal Authority and Need for Rule
A. Regulatory Planning and Review
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with
shoreside demolition activities will be a
safety hazard for anyone within a onemile stretch of the Ohio River. The rule
is needed to protect persons, vessels,
and the marine environment on the
navigable waters within the safety zone
before, during, and after the building
demolition.
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, duration, and
location of the safety zone. This rule
will impact a one-mile stretch of the
Ohio River for 6 hours. Moreover, the
Coast Guard will issue Local Notices to
Mariners (LNMs), Marine Safety
Information Bulletins (MSIBs), and
BNMs via VHF–FM marine channel 16
about the zones and the rule allows
vessels to seek permission to enter the
zones.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 6 a.m. through noon on
one day between June 22, 2019 and June
30, 2019. The rule will be enforced from
6 a.m. through noon on one day
between June 22, 2019 and June 30,
2019. The safety zone will cover all
navigable waters of the Ohio River, from
mile 110.5 to mile 111.5. The duration
of the zone is intended to protect
persons, vessels, and the marine
environment on these navigable waters
before, during, and after the building
demolition. 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.
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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.
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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
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28733
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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28734
Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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 one hour
and prohibiting entry on a one-mile
stretch of the Ohio River. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. 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:
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2019–12957 Filed 6–19–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
RIN 1625–AA87
■
[Docket Number USCG–2019–0509]
Authority: 33 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Security Zone; Corpus Christi Ship
Channel, Corpus Christi, TX
2. Add § 165.T08–0451 to read as
follows:
ACTION:
■
(a) Location. The following area is a
safety zone: all navigable waters of the
Ohio River from mile 110.5 to mile
111.5.
(b) Effective period. This section is
effective from June 22, 2019 through
June 30, 2019.
(c) Enforcement period. This section
will be enforced from 6 a.m. through
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing two security zones. One of
the zones is a temporary fixed security
zone for the receiving facility’s mooring
basin while the Liquefied Natural Gas
Carrier (LNGC) CORCOVADO is moored
at the facility. The other zone is a
moving security zone encompassing all
navigable waters within a 500-yard
radius around the LNGC CORCOVADO
while the vessel transits with cargo in
the La Quinta Channel and Corpus
SUMMARY:
§ 165.T08–0451 Safety Zone; Ohio River,
miles 110.5 to 111.5, Moundsville, WV.
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noon on one day between June 22, 2019
and June 30, 2019.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (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.
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Christi Ship Channel in Corpus Christi,
TX. The security zones are needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by Liquified Natural
Gas (LNG) cargo aboard the vessel. Entry
of vessels or persons into these zones is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi.
DATES: This rule is effective without
actual notice on June 19, 2019. For the
purposes of enforcement, actual notice
will be used from June 15, 2019 until
June 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0509 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 Lieutenant Commander Margaret
Brown, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Margaret.A.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish these
security zones by June 15, 2019 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
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]]>Agencies
[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28732-28734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12957]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0451]
RIN 1625-AA00
Safety Zone; Ohio River, Miles 110.5 to 111.5, Moundsville, WV
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 110.5 to mile 111.5.
This safety zone is necessary to protect persons, vessels, and the
marine environment from potential hazards associated with shoreside
demolition activities. 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 from June 22, 2019 through June 30, 2019.
The rule will be enforced from 6 a.m. through noon on one day between
June 22, 2019 and June 30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0451 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 June 22, 2019 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 building
demolition 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 this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with the
shoreside building demolition.
[[Page 28733]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with shoreside demolition
activities will be a safety hazard for anyone within a one-mile stretch
of the Ohio River. The rule is needed to protect persons, vessels, and
the marine environment on the navigable waters within the safety zone
before, during, and after the building demolition.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 a.m. through
noon on one day between June 22, 2019 and June 30, 2019. The rule will
be enforced from 6 a.m. through noon on one day between June 22, 2019
and June 30, 2019. The safety zone will cover all navigable waters of
the Ohio River, from mile 110.5 to mile 111.5. The duration of the zone
is intended to protect persons, vessels, and the marine environment on
these navigable waters before, during, and after the building
demolition. 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 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,
duration, and location of the safety zone. This rule will impact a one-
mile stretch of the Ohio River for 6 hours. Moreover, the Coast Guard
will issue Local Notices to Mariners (LNMs), Marine Safety Information
Bulletins (MSIBs), and BNMs via VHF-FM marine channel 16 about the
zones and the rule allows vessels to seek permission to enter the
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 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 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.
[[Page 28734]]
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 one
hour and prohibiting entry on a one-mile stretch of the Ohio River. It
is categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. 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. 70034, 70051; 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.T08-0451 to read as follows:
Sec. 165.T08-0451 Safety Zone; Ohio River, miles 110.5 to 111.5,
Moundsville, WV.
(a) Location. The following area is a safety zone: all navigable
waters of the Ohio River from mile 110.5 to mile 111.5.
(b) Effective period. This section is effective from June 22, 2019
through June 30, 2019.
(c) Enforcement period. This section will be enforced from 6 a.m.
through noon on one day between June 22, 2019 and June 30, 2019.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (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.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-12957 Filed 6-19-19; 8:45 am]
BILLING CODE 9110-04-P
