Safety Zone; Kanawha River, Charleston, WV, 47429-47431 [2019-19531]
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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
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Fmt 4700
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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
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
