Special Local Regulation; Ohio River, Portsmouth, OH, 45901-45903 [2019-18868]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
2. In § 401.85, revise paragraph
(b)(2)(iii)(A) and remove and reserve
paragraph (b)(2)(iii)(B).
The revision reads as follows:
■
§ 401.85
Exempt systems.
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(b) * * *
(2) * * *
(iii) * * *
(A) Security and Suitability Files.
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[FR Doc. 2019–18892 Filed 8–30–19; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0329]
RIN 1625–AA08
Special Local Regulation; Ohio River,
Portsmouth, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for all navigable waters on
the Ohio River in the vicinity of
Portsmouth, OH. This special local
regulation is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by a marine regatta. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley or a designated
representative.
SUMMARY:
This rule is effective from 9 a.m.
on August 31, 2019 through 4 p.m. on
September 2, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0329 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 MST3 Wesley Cornelius, MSU
Huntington, U.S. Coast Guard; 304–733–
0198, Wesley.p.cornelius@uscg.mil.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with RULES
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
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. It is impracticable to
publish an NPRM because we must
establish this zone by August 31, 2019
and lack sufficient time to request
comments and respond to those
comments before the zone must be
established.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with a marine
regatta at Portsmouth, OH.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the Portsmouth
Boat Race starting August 31, 2019, will
be a safety concern for anyone from mile
marker (MM) 355.5 to MM 356.8 on the
Ohio River. The special local regulation
will be enforced on a small area of the
Ohio River from 9 a.m. through 6 p.m.
on August 31, 2019, from 7 a.m. through
5:30 p.m. on September 1, 2019, and
from 7 a.m. through 4 p.m. on
September 2, 2019. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the special local
regulation for the duration of the
Portsmouth Boat Race.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 9 a.m. on August 31,
2019 through 4 p.m. on September 2,
2019. This regulation will cover all
navigable waters of the Ohio River from
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45901
MM 355.5 to MM 356.8. The duration of
the special local regulation is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during the Portsmouth Boat
Race. No vessel or person will be
permitted to enter the special local
regulation without obtaining permission
from the COTP or a designated
representative. Persons or vessels
desiring to enter into or pass through
the zone must request permission from
the COTP or a designated
representative. They may be contacted
on VHF–FM radio channel 16 or phone
at 1–800–253–7465.
Persons and vessels permitted to enter
the safety zone must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of the enforcement
period for the safety zone, as well as any
changes in the dates and times of
enforcement.
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 size, location, and duration
of the special local regulation. The
special local regulation will be enforced
from mile marker (MM) 355.5 to MM
356.8 on the Ohio River from 9 a.m.
through 6 p.m. on August 31, 2019, from
7 a.m. through 5:30 p.m. on September
1, 2019, and from 7 a.m. through 4 p.m.
on September 2, 2019. Breaks have been
scheduled so that the event does not
significantly impede commercial traffic.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
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03SER1
45902
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
VHF–FM marine channel 16 about the
zone and the rule would allow vessels
to seek permission to enter or transit the
zone.
khammond on DSKBBV9HB2PROD with RULES
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 call or email 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,
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Jkt 247001
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 call
or email 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 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 special
local regulation lasting from August 31,
to September 2, 2019 that would
periodically restrict entry into the race
course from MM 355.5 to MM 356.8. It
is categorically excluded from further
review under paragraph L61 in Table 3–
1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.35T08–0329 to read as
follows:
■
§ 100.35T08–0329 Special Local
Regulation; Ohio River, Portsmouth, OH.
(a) Location. All navigable waters of
the Ohio River from MM 355.5 to MM
356.8 Portsmouth, OH.
(b) Effective period. This section is
effective from August 31, 2019 through
September 2, 2019.
(c) Enforcement period. The section
will be enforced from 9 a.m. through 6
p.m. on August 31, 2019, from 7 a.m.
through 5:30 p.m. on September 1, and
from 7 a.m. through 4 p.m. on
September 2, 2019.
(d) Special local regulations. (1) In
accordance with the general regulations
in § 100.35, entry into this area is
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
(2) Vessels are permitted to transit the
regulated area during scheduled breaks
for commercial traffic. There shall be no
anchoring or loitering in the navigation
channel. Vessels transiting into and
away from this area are restricted to the
slowest safe speed creating minimum
wake.
(3) The COTP may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(4) All persons or vessels desiring
entry into or passage through the area
must request permission from the COTP
or a designated representative. U. S.
Coast Guard Sector Ohio Valley may be
contacted on VHF Channel 13 or 16, or
at 1–800–253–7465.
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Dated: August 23, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting
Captain of the Port Ohio Valley.
[FR Doc. 2019–18868 Filed 8–30–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0729]
RIN 1625–AA00
Safety Zone; Illinois River, Mile Marker
162 to 166, Peoria, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Illinois River
in two different work zones located
between Mile Marker (MM) 162 and
MM 166. The safety zone is needed to
protect persons, vessels, and the marine
environment from potential hazards
created by the installation of electrical
lines across the river. Entry of persons
or vessels into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River (COTP) or a
designated representative.
DATES: This rule is effective from
September 26, 2019, through October 3,
2019, and will be enforced through
October 3, 2019, or until the electrical
line work is completed, whichever
occurs first.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0729 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 Christian
Barger, Waterways Management
Division, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2560, email Christian.J.Barger@
uscg.mil.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
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 this
temporary safety zone by September 26,
2019, and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule. The NPRM
process would delay establishment of
the safety zone until after the date of the
electrical line work and compromise
public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
necessary to respond to the potential
safety hazards associated with electrical
line installation over the Illinois River.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with electrical line
installation over the Illinois River will
be a safety concern for anyone in the
two work zones between MM 162
through MM 166. This rule is needed to
protect persons, vessels, and the marine
environment on the navigable waters
within the safety zone while electrical
lines are pulled across the river.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone for a seven-day period from
September 26, 2019 through October 3,
2019, or until the electrical line work is
completed, whichever occurs first. The
safety zone will be enforced at two work
zones on the Illinois River at Peoria
Lake between (MM) 162 through 166.
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45903
Zone A is between two lines
perpendicular to the banks drawn
through a mid-channel point at
40°43′28″ N, 89°32′55″ W and the
second at 40°43′30″ N, 89°32′40″ W
extending the entire width of the river.
Zone B is between two lines
perpendicular to the banks drawn
through a mid-channel point at
40°40′48″ N, 89°34′24″ W and the
second at 40°40′45″ N, 89°34′16″ W.
Transit into and through this safety
zone is prohibited during periods of
enforcement unless given permission by
the COTP or a designated
representative. This zone will be
enforced for up to eight hours each day
between 8 a.m. through 4 p.m. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs) at
least 12 hours in advance of each
enforcement period, and a safety vessel
will coordinate all vessel traffic during
the enforcement periods. In addition,
the COTP or a designated representative
will release regular BNMs while the
zone is in effect and will also announce
the suspension of the zone via VHF–FM
marine channel 16.
The duration of this temporary safety
zone is intended to protect persons,
vessels, and the marine environment on
these navigable waters while the
electrical lines are being pulled across
the river. 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 Sector Upper Mississippi River.
To seek entry into the safety zone,
contact the COTP or the COTP’s
designated representative by telephone
at 314–269–2332 or on VHF–FM
channel 16. Persons and vessels
permitted to enter this safety zone 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 enforcement dates and times for this
safety zone, as well as any emergent
safety concerns that may delay the
suspension of the zone each day,
through 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.
E:\FR\FM\03SER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45901-45903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18868]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0329]
RIN 1625-AA08
Special Local Regulation; Ohio River, Portsmouth, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters on the Ohio River in the vicinity
of Portsmouth, OH. This special local regulation is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by a marine regatta. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Sector Ohio Valley or a designated representative.
DATES: This rule is effective from 9 a.m. on August 31, 2019 through 4
p.m. on September 2, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0329 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 MST3 Wesley Cornelius, MSU Huntington, U.S. Coast Guard;
304-733-0198, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. It is
impracticable to publish an NPRM because we must establish this zone by
August 31, 2019 and lack sufficient time to request comments and
respond to those comments before the zone must be established.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with a marine regatta at Portsmouth, OH.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
Portsmouth Boat Race starting August 31, 2019, will be a safety concern
for anyone from mile marker (MM) 355.5 to MM 356.8 on the Ohio River.
The special local regulation will be enforced on a small area of the
Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, from 7 a.m.
through 5:30 p.m. on September 1, 2019, and from 7 a.m. through 4 p.m.
on September 2, 2019. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
special local regulation for the duration of the Portsmouth Boat Race.
IV. Discussion of the Rule
This rule establishes a special local regulation from 9 a.m. on
August 31, 2019 through 4 p.m. on September 2, 2019. This regulation
will cover all navigable waters of the Ohio River from MM 355.5 to MM
356.8. The duration of the special local regulation is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the Portsmouth Boat Race. No vessel or person
will be permitted to enter the special local regulation without
obtaining permission from the COTP or a designated representative.
Persons or vessels desiring to enter into or pass through the zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM radio channel 16 or phone at 1-800-253-7465.
Persons and vessels permitted to enter the safety zone must transit
at the slowest safe speed and comply with all lawful directions issued
by the COTP or a designated representative. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the safety zone, as well as any
changes in the dates and times of enforcement.
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 size, location,
and duration of the special local regulation. The special local
regulation will be enforced from mile marker (MM) 355.5 to MM 356.8 on
the Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, from 7
a.m. through 5:30 p.m. on September 1, 2019, and from 7 a.m. through 4
p.m. on September 2, 2019. Breaks have been scheduled so that the event
does not significantly impede commercial traffic. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via
[[Page 45902]]
VHF-FM marine channel 16 about the zone and the rule would allow
vessels to seek permission to enter or transit the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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 call or email 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 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 special local regulation lasting from
August 31, to September 2, 2019 that would periodically restrict entry
into the race course from MM 355.5 to MM 356.8. It is categorically
excluded from further review under paragraph L61 in Table 3-1 of U.S.
Coast Guard Environmental Planning Implementing Procedures. 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 call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T08-0329 to read as follows:
Sec. 100.35T08-0329 Special Local Regulation; Ohio River,
Portsmouth, OH.
(a) Location. All navigable waters of the Ohio River from MM 355.5
to MM 356.8 Portsmouth, OH.
(b) Effective period. This section is effective from August 31,
2019 through September 2, 2019.
(c) Enforcement period. The section will be enforced from 9 a.m.
through 6 p.m. on August 31, 2019, from 7 a.m. through 5:30 p.m. on
September 1, and from 7 a.m. through 4 p.m. on September 2, 2019.
(d) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.35, entry into this area is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative.
(2) Vessels are permitted to transit the regulated area during
scheduled breaks for commercial traffic. There shall be no anchoring or
loitering in the navigation channel. Vessels transiting into and away
from this area are restricted to the slowest safe speed creating
minimum wake.
(3) The COTP may terminate the event or the operation of any vessel
at any time it is deemed necessary for the protection of life or
property.
(4) All persons or vessels desiring entry into or passage through
the area must request permission from the COTP or a designated
representative. U. S. Coast Guard Sector Ohio Valley may be contacted
on VHF Channel 13 or 16, or at 1-800-253-7465.
[[Page 45903]]
Dated: August 23, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port Ohio Valley.
[FR Doc. 2019-18868 Filed 8-30-19; 8:45 am]
BILLING CODE 9110-04-P
