Safety Zone; Ohio River, Cincinnati, OH, 28408-28410 [2023-09589]
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Rules and Regulations
that the Office of Information and
Regulatory Affairs (OIRA) determines
whether a rule qualifies as a ‘‘major
rule.’’
Pursuant to the CRA, OIRA has
determined that this rule is a ‘‘major
rule’’ as defined in 5 U.S.C. 804(2). To
comply with the CRA, CPSC will submit
the required information to each House
of Congress and the Comptroller
General.
List of Subjects in 16 CFR Part 1261
Consumer protection, Imports,
Incorporation by reference, Information,
Labeling, Safety.
■ The Commission revises 16 CFR part
1261 to read as follows:
PART 1261—SAFETY STANDARD FOR
CLOTHING STORAGE UNITS
Sec.
1261.1 Scope and purpose.
1261.2 Requirements for clothing storage
units.
Scope and purpose.
(a) Scope and purpose. This part, a
consumer product safety standard,
prescribes safety requirements for
clothing storage units, as defined in
paragraph (b) of this section. The
requirements in this part are intended to
protect children up to 72 months of age
from tip-over-related death or injury.
(b) Application. Clothing storage unit
means any free-standing furniture item
manufactured in the United States or
imported for use in the United States
that is intended for the storage of
clothing, typical of bedroom furniture.
All clothing storage units that are
manufactured after September 1, 2023,
are subject to the requirements of this
part.
ddrumheller on DSK120RN23PROD with RULES1
§ 1261.2 Requirements for clothing
storage units.
Each clothing storage unit that is
subject to ASTM F2057–23, Standard
Safety Specification for Clothing Storage
Units, approved on February 1, 2023,
shall comply with ASTM F2057–23.
ASTM F2057–23 is incorporated by
reference into this section with the
approval of the Director of the Federal
Register under 5 U.S.C. 552 and 1 CFR
part 51. This material is available for
inspection at the U.S. Consumer
Product Safety Commission and at the
National Archives and Records
Administration (NARA). Contact the
U.S. Consumer Product Safety
Commission at the Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814,
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16:25 May 03, 2023
Jkt 259001
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2023–08997 Filed 5–3–23; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Authority: 15 U.S.C. 2058; Div. BB, tit. II,
sec. 201, Pub. L. 117–328, 136 Stat. 4459.
§ 1261.1
telephone (301) 504–7479, email: cpscos@cpsc.gov. For information on the
availability of this material at NARA,
email fr.inspection@nara.gov, or go to
www.archives.gov/federal-register/cfr/
ibr-locations.html. A free, read-only
copy of the standard is available for
viewing on the ASTM website at https://
www.astm.org/READINGLIBRARY/. You
may also obtain a copy from ASTM
International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA
19428–2959; phone: (610) 832–9585;
www.astm.org.
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0216]
RIN 1625–AA00
Safety Zone; Ohio River, Cincinnati,
OH
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Ohio River
from mile marker (MM) 487.0 to MM
489.0. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by Duke Energy’s Static
Wire Crossing operation taking place on
the Ohio River from MM 487.0 to MM
489.0. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port, Sector Ohio Valley.
DATES: This rule is effective without
actual notice from May 4, 2023, through
May 15, 2023. For the purposes of
enforcement, actual notice will be used
from May 1, 2023, until May 4, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0216 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Thomas Harp, MSD
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Cincinnati, U.S. Coast Guard; telephone
513–921–9033, email Thomas.L.Harp@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COPT Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
regulation by May 1, 2023, and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing this rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is necessary to protect
persons and property from the dangers
associated with the static wire crossing
operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the Duke
Energy Static Wire Crossing operation
occurring from May 1, 2023, through
May 15, 2023, will be a safety concern
for all navigable waters on the Ohio
River from MM 487.0 to MM 489.0. The
purpose of this rule is to ensure the
safety of life and vessels on these
navigable waters before, during, and
after the event.
IV. Discussion of the Rule
This rule establishes a safety zone
from May 1, 2023, through May 15,
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Rules and Regulations
2023, between the hours of 7 a.m.
through 5 p.m. each day, on the Ohio
River between MM 487.0 through MM
489.0 for the duration of the Duke
Energy Static Wire Crossing operation.
Transit through and into this area is
prohibited during periods of
enforcement between May 1, 2023,
through May 15, 2023. The periods of
enforcement will be immediately prior
to, during, and 30 minutes after any
vessel movement and wire transfer
operation. The Coast Guard was
informed that the operations would take
place between the hours of 7 a.m.
through 5 p.m. only. A safety vessel will
coordinate all vessel traffic during the
enforcement periods. The COTP or a
designated representative will inform
the public through Broadcast Notice to
Mariners (BNM), Local Notice to
Mariners (LNM), or through other means
of public notice at least 1 hour in
advance of each enforcement period.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters while the Duke Energy Static
Wire Crossing operation is occurring.
No vessel or person will 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 Sector Ohio
Valley. They may be contacted on VHF–
FM Channel 16 or by telephone at 1–
800–253–7465. Persons and vessels
permitted to enter this regulated area
must transit at their slowest safe speed
and comply with all lawful directions
issued by the COTP or the 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.
ddrumheller on DSK120RN23PROD with RULES1
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.
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).
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16:25 May 03, 2023
Jkt 259001
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. This
safety zone will be in place on a two
mile stretch of the Ohio River between
the hours of 7 a.m. through 5 p.m. only
for 15 days. The Coast Guard will issue
a Local Notice to Mariners via VHF–FM
marine channel 16 about the temporary
safety zone. This rule allows vessels to
seek permission from the COTP or a
designated representative to enter the
safety 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.
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28409
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.
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, Rev. 1, associated
implementing instructions, 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 that prohibits entry on a two mile
stretch of the Ohio River between 7 a.m.
through 5 p.m. for 15 days. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Rules and Regulations
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: April 17, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2023–09589 Filed 5–2–23; 11:15 am]
BILLING CODE 9110–04–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Parts 1224, 1225 and 1236
[FDMS No. NARA–20–0006; NARA–2022–
066]
RIN 3095–AB99
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Federal Records Management:
Digitizing Permanent Records and
Reviewing Records Schedules
1. The authority citation for part 165
continues to read as follows:
AGENCY:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0216 to read as
follows:
■
§ 165.T08–0216
Cincinnati, OH.
ddrumheller on DSK120RN23PROD with RULES1
during, and 30 minutes after each wire
crossing evolution.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notice to mariners of the
enforcement period of the temporary
safety zone as well as any changes in the
planned schedule.
Safety Zone; Ohio River,
(a) Location. All navigable waters of
the Ohio River between mile marker
(MM) 487.0 to MM 489.0 in Finney, OH.
(b) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless specifically
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
contact on VHF–FM radio channel 16 or
phone at 1–800–253–4765.
(2) Persons and vessels permitted to
enter the safety zone listed in paragraph
(a) of this section must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(c) Period of enforcement. The
temporary safety zone listed in
paragraph (a) of this section will be
subject to enforcement from May 1,
2023, through May 15, 2023, from 7 a.m.
through 5 p.m., immediately before,
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16:25 May 03, 2023
Jkt 259001
National Archives and Records
Administration (NARA).
ACTION: Final rule.
The National Archives and
Records Administration (NARA) is
amending our records management
regulations to add a subpart containing
standards for digitizing permanent
Federal records so that agencies may
dispose of the source records, when
appropriate and in accordance with the
Federal Records Act amendments of
2014. NARA is also amending our
records management regulations to add
a subpart containing metadata
requirements for transferring permanent
digital records to the National Archives
of the United States. Finally, NARA is
making a revision to our records
schedule review provisions to establish
a requirement for agencies to review,
every five years, all records schedules
that are ten years old and older, based
on the date NARA approved the
schedule.
SUMMARY:
DATES:
This rule is effective on June 5,
2023.
Regulatory and External
Policy Program (MP); Suite 4100;
National Archives and Records
Administration; 8601 Adelphi Road;
College Park, MD 20740–6001.
FOR FURTHER INFORMATION CONTACT:
Edward Germino, Strategy and
Performance Division, by email at
regulation_comments@nara.gov, or by
telephone at 301–837–3758. Contact
ADDRESSES:
PO 00000
Frm 00030
Fmt 4700
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rmstandards@nara.gov with any
questions on records management and
digitization.
SUPPLEMENTARY INFORMATION:
Background
NARA is amending 36 CFR chapter
XII, subchapter B, part 1225, Scheduling
Records, to set a timeframe for the
required review of existing records
schedules. The current regulations state
that schedules should be reviewed
‘‘regularly.’’ This rulemaking clarifies
the word ‘‘regularly’’ by establishing a
timeframe for those periodic reviews.
This is based upon a determination that
many schedules have not been kept upto-date or revised when needed.
Therefore, NARA is revising the
regulations to require that every five
years agencies must review records
schedules that are ten years old or older,
based on the date NARA approved the
schedule. Agencies will be required to
complete their first review no later than
June 5, 2028, which is five years after
this rule becomes effective. Any actions
to update schedules after the mandatory
five-year review is completed will
continue to be governed by other
records management regulations within
36 CFR chapter XII, subchapter B and
implementing NARA records
management guidance.
In addition, NARA is amending 36
CFR part 1236, Electronic Records
Management, by adding a new subpart
that establishes standards for the
digitization of permanent paper and
photographic print records, including
paper and photographs contained in
mixed-media records. The standards in
this rule apply retroactively to digitized
permanent records that have not been
transferred to the National Archives. In
2014, Public Law 113–187 amended the
Federal Records Act at 44 U.S.C. 3302
to require NARA to issue standards for
reproducing records digitally ‘‘with a
view to the disposal of the original
records.’’ The amendment applies to
both temporary and permanent records.
This rulemaking covers only
permanent records of the kinds listed
above. NARA previously amended 36
CFR part 1236 to add standards for the
digitization of temporary records, which
constitute the majority of Federal
records (RIN 3095–AB98, 84 FR 14265
(April 10, 2019), effective May 10,
2019). NARA plans to issue additional
requirements for digitizing other
specific media types in future revisions
to the rule. In the interim, agencies
should contact rmstandards@nara.gov
for guidance regarding digitizing other
types of permanent records.
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]]>Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Pages 28408-28410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09589]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0216]
RIN 1625-AA00
Safety Zone; Ohio River, Cincinnati, OH
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Ohio River from mile marker (MM) 487.0 to
MM 489.0. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by Duke Energy's
Static Wire Crossing operation taking place on the Ohio River from MM
487.0 to MM 489.0. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Sector Ohio Valley.
DATES: This rule is effective without actual notice from May 4, 2023,
through May 15, 2023. For the purposes of enforcement, actual notice
will be used from May 1, 2023, until May 4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0216 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Thomas Harp, MSD Cincinnati, U.S. Coast
Guard; telephone 513-921-9033, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COPT Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
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. We must
establish this regulation by May 1, 2023, and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing this rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is necessary to protect persons and property
from the dangers associated with the static wire crossing operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the Duke Energy Static Wire
Crossing operation occurring from May 1, 2023, through May 15, 2023,
will be a safety concern for all navigable waters on the Ohio River
from MM 487.0 to MM 489.0. The purpose of this rule is to ensure the
safety of life and vessels on these navigable waters before, during,
and after the event.
IV. Discussion of the Rule
This rule establishes a safety zone from May 1, 2023, through May
15,
[[Page 28409]]
2023, between the hours of 7 a.m. through 5 p.m. each day, on the Ohio
River between MM 487.0 through MM 489.0 for the duration of the Duke
Energy Static Wire Crossing operation. Transit through and into this
area is prohibited during periods of enforcement between May 1, 2023,
through May 15, 2023. The periods of enforcement will be immediately
prior to, during, and 30 minutes after any vessel movement and wire
transfer operation. The Coast Guard was informed that the operations
would take place between the hours of 7 a.m. through 5 p.m. only. A
safety vessel will coordinate all vessel traffic during the enforcement
periods. The COTP or a designated representative will inform the public
through Broadcast Notice to Mariners (BNM), Local Notice to Mariners
(LNM), or through other means of public notice at least 1 hour in
advance of each enforcement period.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the Duke
Energy Static Wire Crossing operation is occurring. No vessel or person
will 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 Sector
Ohio Valley. They may be contacted on VHF-FM Channel 16 or by telephone
at 1-800-253-7465. Persons and vessels permitted to enter this
regulated area must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or the 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. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. This safety
zone will be in place on a two mile stretch of the Ohio River between
the hours of 7 a.m. through 5 p.m. only for 15 days. The Coast Guard
will issue a Local Notice to Mariners via VHF-FM marine channel 16
about the temporary safety zone. This rule allows vessels to seek
permission from the COTP or a designated representative to enter the
safety 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.
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, Rev. 1, associated implementing instructions, 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 that prohibits entry on a two mile stretch of the Ohio
River between 7 a.m. through 5 p.m. for 15 days. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction
[[Page 28410]]
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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 (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0216 to read as follows:
Sec. 165.T08-0216 Safety Zone; Ohio River, Cincinnati, OH.
(a) Location. All navigable waters of the Ohio River between mile
marker (MM) 487.0 to MM 489.0 in Finney, OH.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically 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 contact on VHF-FM
radio channel 16 or phone at 1-800-253-4765.
(2) Persons and vessels permitted to enter the safety zone listed
in paragraph (a) of this section must transit at the slowest safe speed
and comply with all lawful directions issued by the COTP or a
designated representative.
(c) Period of enforcement. The temporary safety zone listed in
paragraph (a) of this section will be subject to enforcement from May
1, 2023, through May 15, 2023, from 7 a.m. through 5 p.m., immediately
before, during, and 30 minutes after each wire crossing evolution.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notice to
mariners of the enforcement period of the temporary safety zone as well
as any changes in the planned schedule.
Dated: April 17, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-09589 Filed 5-2-23; 11:15 am]
BILLING CODE 9110-04-P
