Safety Zone; Kanawha River, Charleston, WV, 47429-47431 [2019-19531]

Download as PDF Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations review under paragraph L60 (a) 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 165 Harbors, Marine safety, Navigation, Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ 2. Add § 165.T08–0760 to read as follows: ■ khammond on DSKBBV9HB2PROD with RULES DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket Number USCG–2019–0734] (a) Location. The following area is a safety zone: One work zone on the Missouri River from Mile Marker (MM) 116.5 through MM 117. Transit into and through this safety zone is prohibited during periods of enforcement unless given permission by the Captain of the Port or a designated representative. (b) Effective period. This section is effective from October 7, 2019, through October 9, 2019. (c) Enforcement periods. This section will be enforced each day that electrical line work is to be performed for up to ten hours per day from October 7, 2019, through October 9, 2019, from approximately 7 a.m. through 5 p.m. each day. (d) Regulations. (1) In accordance with the general regulations in § 165.23, entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or designated representative. A designated representative is a Jkt 247001 BILLING CODE 9110–04–P Coast Guard § 165.T08–0760 Safety Zone; Missouri River, mile marker 117 to 116.5, Chamois, MO. 15:50 Sep 09, 2019 Dated: September 3, 2019. S.A. Stoermer, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2019–19495 Filed 9–9–19; 8:45 am] Authority: 46 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. VerDate Sep<11>2014 commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. To seek entry into the safety zone, contact the COTP or the COTP’s representative by telephone at 314–269–2332 or on VHF–FM channel 16. (3) 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. (e) Information broadcasts. 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 enforcement of the zone each day, through Broadcast Notice to Mariners, Local Notices to Mariners, and/or Marine Safety Information Bulletins as appropriate. RIN 1625–AA00 Safety Zone; Kanawha River, Charleston, WV Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters on the Kanawha River from mile marker (MM) 60.8 to MM 61.3. The safety zone is needed to protect personnel, vessels, and the marine environment from hazards created by repair work on several large power lines crossing the river. 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 September 23, 2019 through October 18, 2019. This rule will be enforced from 9 a.m. through 3 p.m. on Mondays SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 47429 through Saturdays, and from 7 a.m. through 11 p.m. on Sundays from September 23, 2019 through October 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– 0734 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: 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. It is impracticable to publish a NPRM because we must establish the safety zone by September 23, 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 the power line crossing on the Kanawha River between mile marker (MM) 60.8 and MM 61.3. 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 E:\FR\FM\10SER1.SGM 10SER1 47430 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with the power line crossing on September 23 through October 18, 2019, will be a safety concern for anyone on the Kanawha River from mile marker (MM) 60.8 to MM 61.3. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the power line are being replaced. two miles. In addition, vessel traffic will be able to reach out to the safety boat on scene to coordinate safe passage through the safety zone which will impact one-half mile stretch of the Kanawha River. The Coast Guard will publish a Local Notice to Mariners (LNMs), and issue a Broadcast Notice to Mariners (BNMs) via VHF–FM marine channel 16 about the zone. IV. Discussion of the Rule This rule establishes a safety zone from 9 a.m. through 3 p.m. on Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays from September 23, 2019 through October 18, 2019. The safety zone covers all navigable waters from MM 60.8 to MM 61.3 on the Kanawha River. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters for the duration of the power line crossing is being repaired. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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 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. khammond on DSKBBV9HB2PROD with RULES 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 and location of the safety zone. This rule involves a safety zone lasting for less than a month and covering the limited area of less than VerDate Sep<11>2014 15:50 Sep 09, 2019 Jkt 247001 B. Impact on Small Entities C. Collection of Information This rule will not call for a new collection of information under the PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 a safety zone lasting from September 23, 2019 through October 18, 2019 that will limit access of the Kanawha River from MM 60.8 to MM 61.3. It is categorically excluded from further review under E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations paragraph L60(d) 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 165 Harbors, Marine safety, Navigation (waters), 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 Authority: 46 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. 2. Add § 165.T08–0734 to read as follows: ■ khammond on DSKBBV9HB2PROD with RULES § 165.T08–0734 Safety Zone; Kanawha River, Charleston, WV. (a) Location. The following area is a safety zone: all navigable waters of the Kanawha River from Mile Marker (MM) 60.8 to MM 61.3 near Charleston, WV. (b) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the Captain of the Port Sector Ohio Valley (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. (2) 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. (c) Effective period. This section is effective from September 23, 2019 through October 18, 2019. (d) Enforcement periods. This section will be enforced from 9 a.m. through 3 15:50 Sep 09, 2019 Jkt 247001 Dated: September 3, 2019. A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–19531 Filed 9–9–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0725] RIN 1625–AA00 Safety Zone; Newtown Creek, New York, NY 1. The authority citation for part 165 continues to read as follows: ■ VerDate Sep<11>2014 p.m. on Monday through Saturday, and from 7 a.m. through 11 a.m. on Sundays, from September 23, 2019 through October 18, 2019. (e) Informational broadcasts. The COTP or a designated representative will inform the public through Local Notice to Mariners and Broadcast Notices to Mariners of the enforcement periods for the safety zone, as well as any changes in the dates and times of enforcement. Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within a 300-foot radius of the Kosciuszko Bridge spans crossing Newtown Creek at mile 2.1. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by final stay cable adjustments at each bridge tower anchorage conducted from barges within Newtown Creek. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the U.S. Coast Guard Sector New York Captain of the Port (COTP) or the COTP’s designated representative. DATES: This rule is effective without actual notice from September 10, 2019 through November 30, 2019. For the purposes of enforcement, actual notice will be used from August 27, 2019 through September 10, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0725 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 SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 47431 email Mr. Jeff Yunker, Waterways Management Division, U.S. Coast Guard Sector New York, telephone (718) 354– 4195, email Jeffrey.M.Yunker@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port New York DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners 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 doing so would be impracticable. The late finalization of project details did not give the Coast Guard enough time to publish an NPRM, take public comments, and issue a final rule before the final stay cable adjustments at each bridge tower anchorage is set to begin. It would be impracticable to delay promulgating this rule as it is necessary to establish this safety zone before the bridge stay cable adjustments begin on, or about, August 27, 2019, to protect the safety of the waterway users, construction crew, and other personnel associated with the bridge replacement project. A delay of the replacement project to accommodate a full notice and comment period would delay necessary operations, result in increased costs, delay the date when the replacement bridge span is expected to be completed and open for normal vehicle traffic on August 28, 2019. The final stay cable adjustment operations could take place anytime between August 27, 2019 and November 30, 2019. However, we anticipate the installation operations to begin on August 27, 2019. The Coast Guard is publishing this rule to be effective through November 30, 2019 in case the project is delayed due to unforeseen circumstances. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47429-47431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19531]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0734]
RIN 1625-AA00


Safety Zone; Kanawha River, Charleston, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters on the Kanawha River from mile marker (MM) 60.8 to MM 
61.3. The safety zone is needed to protect personnel, vessels, and the 
marine environment from hazards created by repair work on several large 
power lines crossing the river. 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 September 23, 2019 through October 
18, 2019. This rule will be enforced from 9 a.m. through 3 p.m. on 
Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays 
from September 23, 2019 through October 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0734 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 a NPRM because we must establish the safety 
zone by September 23, 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 the power line crossing on the Kanawha River between mile marker 
(MM) 60.8 and MM 61.3.

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

[[Page 47430]]

Captain of the Port Sector Ohio Valley (COTP) has determined that 
potential hazards associated with the power line crossing on September 
23 through October 18, 2019, will be a safety concern for anyone on the 
Kanawha River from mile marker (MM) 60.8 to MM 61.3. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the power line are being 
replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. through 3 p.m. on 
Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays 
from September 23, 2019 through October 18, 2019. The safety zone 
covers all navigable waters from MM 60.8 to MM 61.3 on the Kanawha 
River. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters for the 
duration of the power line crossing is being repaired. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. 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.

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 and 
location of the safety zone. This rule involves a safety zone lasting 
for less than a month and covering the limited area of less than two 
miles. In addition, vessel traffic will be able to reach out to the 
safety boat on scene to coordinate safe passage through the safety zone 
which will impact one-half mile stretch of the Kanawha River. The Coast 
Guard will publish a Local Notice to Mariners (LNMs), and issue a 
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about 
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 a safety zone lasting from September 
23, 2019 through October 18, 2019 that will limit access of the Kanawha 
River from MM 60.8 to MM 61.3. It is categorically excluded from 
further review under

[[Page 47431]]

paragraph L60(d) 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 165

    Harbors, Marine safety, Navigation (waters), 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: 46 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.T08-0734 to read as follows:


Sec.  165.T08-0734  Safety Zone; Kanawha River, Charleston, WV.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Kanawha River from Mile Marker (MM) 60.8 to MM 61.3 near 
Charleston, WV.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the Captain of the 
Port Sector Ohio Valley (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.
    (2) 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.
    (c) Effective period. This section is effective from September 23, 
2019 through October 18, 2019.
    (d) Enforcement periods. This section will be enforced from 9 a.m. 
through 3 p.m. on Monday through Saturday, and from 7 a.m. through 11 
a.m. on Sundays, from September 23, 2019 through October 18, 2019.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through Local Notice to Mariners 
and Broadcast Notices to Mariners of the enforcement periods for the 
safety zone, as well as any changes in the dates and times of 
enforcement.

    Dated: September 3, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-19531 Filed 9-9-19; 8:45 am]
BILLING CODE 9110-04-P