Safety Zone; Ohio River MM 469.5-470.5 and Licking River MM 0.0 to 0.3, Cincinnati, OH, 51699-51701 [2023-16615]
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Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Rules and Regulations
assembly having a P/N identified in Table 2
of ASB EC120–32A014 Rev 1, previously
installed with an unknown installation date,
or a date of first installation on a helicopter
before February 16, 2022, on any helicopter;
unless the actions required by paragraphs
(g)(1)(i) through (v) of this AD, as applicable,
have been accomplished on the part.
(3) For Model EC130B4 and EC130T2
helicopters, as of the effective date of this
AD, do not install landing gear assembly P/
N 350A41–0077–0201, P/N 350A41–0080–
1102, P/N 350A41–0080–1103, P/N 350A41–
0081–0201, P/N 350A41–0082–0101, or P/N
350A41–0082–0102, previously installed
with an unknown installation date or a date
of first installation on a helicopter before
February 16, 2022, and do not install a front
crossbeam, rear crossbeam, LH skid
assembly, or RH skid assembly, having a P/
N identified in Table 2 of ASB EC130–
32A013 Rev 1, previously installed with an
unknown installation date, or a date of first
installation on a helicopter before February
16, 2022, on any helicopter, unless the
actions required by paragraphs (g)(1)(i)
through (v) of this AD, as applicable, have
been accomplished on the part.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (i)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
TKELLEY on DSK125TN23PROD with RULES1
(i) Additional Information
(1) Refer to European Union Aviation
Safety Agency (EASA) AD 2022–0053, dated
March 23, 2022, for related information. This
EASA AD may be found in the AD docket at
regulations.gov under Docket No. FAA–
2023–0016.
(2) For more information about this AD,
contact Stephanie Sunderbruch, Aviation
Safety Engineer, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; telephone
(817) 222–4659; email:
Stephanie.L.Sunderbruch@faa.gov.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Helicopters Alert Service
Bulletin (ASB) No. EC120–32A014, Revision
1, dated October 17, 2022.
VerDate Sep<11>2014
22:50 Aug 03, 2023
Jkt 259001
(ii) Airbus Helicopters ASB No. EC130–
32A013, Revision 1, dated October 17, 2022.
(3) For service information identified in
this AD, contact Airbus Helicopters, 2701
North Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–0323;
fax (972) 641–3775; or at airbus.com/en/
products-services/helicopters/hcare-services/
airbusworld.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on July 12, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–16555 Filed 8–3–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0256]
RIN 1625–AA00
Safety Zone; Ohio River MM 469.5–
470.5 and Licking River MM 0.0 to 0.3,
Cincinnati, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
from Mile Marker 469.5—Mile Marker
470.5 of the Ohio River and from Mile
Marker 0.0—Mile Marker 0.3 of the
Licking River. This action is necessary
to provide for the safety of life on these
navigable waters near Cincinnati, OH
during the Redbull Flugtag sporting
event occurring on August 12, 2023.
This safety zone prohibits persons and
vessels from transiting through the
safety zone unless authorized by the
Captain of the Port Sector Ohio Valley
or a designated representative.
DATES: This rule is effective from noon
through 5 p.m. on August 12, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0256 in the search box and click
SUMMARY:
PO 00000
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51699
‘‘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 MST1 Julie Thomas, Marine
Safety Detachment Cincinnati, U.S.
Coast Guard; telephone 513–921–9033,
email Julie.A.Thomas@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 due to
timeline requirements, it is
impracticable to publish an NPRM and
consider the comments because we
must establish this safety zone by
August 12, 2023.
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
because immediate action is needed to
respond to the potential safety hazards
associated with growing public interest
for the scheduled event starting August
12, 2023.
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 a sporting event
starting August 1, 2023, will be a safety
concern for anyone within Mile Marker
469.5—Mile Marker 470.5 of the Ohio
River and Mile Marker 0.0—Mile
Marker 0.3 of the Licking River. This
rule is needed to protect waterway
users, vessels, and the marine
environment in the navigable waters
within the safety zone while the
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Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Rules and Regulations
sporting event occurs. This includes
protection of personnel involved with
the sporting event and support vessels.
IV. Discussion of the Rule
This rule establishes a safety zone
from noon until 5 p.m. on August 12,
2023. The safety zone will cover all
navigable waters from Miler Marker
469.5—Mile Marker 470.5 of the Ohio
River and Mile Marker 0.0—Mile
Marker 0.3 of the Licking River. The
duration of the zone is intended to
protect waterway users, vessels, and the
marine environment in these navigable
waters while the sporting event is
occurring. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from 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.
TKELLEY on DSK125TN23PROD 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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the duration, and time of
day of the safety zone. The duration of
the safety zone is five hours, and vessels
will be able to contact the COTP for
directions on how to transit around or
seek permission to enter. Moreover, the
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the zone. We do not anticipate
any significant economic impact
resulting from activation of 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
VerDate Sep<11>2014
15:58 Aug 03, 2023
Jkt 259001
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
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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 lasting only 5 hours that would
prohibit any vessel or person from
entering the safety zone without
obtaining permission from the Captain
of the Port (COTP) of Sector Ohio Valley
or a designated representative. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
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.
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Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Rules and Regulations
Dated: July 31, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water) Reporting and recordkeeping
requirements, Security measures,
Waterways.
[FR Doc. 2023–16615 Filed 8–3–23; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 165 801 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
■
[Docket No. USCG–2023–0641]
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
Coast Guard, DHS.
Notification of enforcement of
regulation.
ACTION:
TKELLEY on DSK125TN23PROD with RULES1
§ 165.T08–0256 Safety Zone; Ohio River
MM 469.5–470.5 and Licking River MM 0.0
to 0.3, Cincinnati, OH.
Jkt 259001
The Coast Guard will enforce
Seattle’s Seafair Fleet Week Moving
Vessels security zones from August 1
through August 7, 2023 to ensure the
security of the vessels from sabotage or
other subversive acts during Seafair
Fleet Week Parade of Ships. Our
regulation for marine events within the
Thirteenth Coast Guard District
identifies the regulated area for this
event in Seattle, WA. During the
enforcement period, no person or vessel
may enter or remain in the security
zones without the permission of the
Captain of the Port (COTP), Puget Sound
or his designated representative. The
COTP has granted general permission
for vessels to enter the outer 400 yards
of the security zones as long as those
vessels within the outer 400 yards of the
security zones operate at the minimum
speed necessary to maintain course
unless required to maintain speed by
the navigation rules.
DATES: The regulations in 33 CFR
165.1333 will be enforced for the
security zones identified in the
SUPPLEMENTARY INFORMATION section
below for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email MST1 Steve Barnett, Sector Puget
Sound Waterways Management
Division, U.S. Coast Guard; telephone
206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the security zones
for Seattle’s Seafair Fleet Week Moving
Vessels in 33 CFR 165.1333 for the
regulated areas in the Elliott Bay from
11:30 a.m. on August 1, 2023, through
5 p.m. on August 7, 2023. This action
SUMMARY:
(a) Regulated area. This section
applies to the following area: Ohio River
Mile Marker 469.5—Miler Marker 470.5,
extending the entire river and the
Licking River from Mile Marker 0.0—
Mile Marker 0.3, extending the entire
river.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Ohio Valley (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) This rule
establishes a safety zone from noon
through 5 p.m. on August 12, 2023. The
safety zone will cover all navigable
waters from Miler Marker 469.5—Mile
Marker 470.5 of the Ohio River and Mile
Marker 0.0—Mile Marker 0.3 of the
Licking River. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by contacting the Patrol
Commander via VHF–FM radio channel
16 or phone at 1–800–253–7465. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced from noon through 5
p.m. on August 12, 2023.
15:58 Aug 03, 2023
Security Zones; Seattle’s Seafair Fleet
Week Moving Vessels, Puget Sound,
WA
AGENCY:
2. Add § 100.T08–0256 to read as
follows:
■
VerDate Sep<11>2014
Coast Guard
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51701
is being taken to ensure the security of
the vessels from sabotage or other
subversive acts during this event. Our
regulation for marine events within the
Thirteenth Coast Guard District,
§ 165.1333, specifies the location of the
regulated area in the Puget Sound
around the participating vessels
designated in this notice.
During the enforcement period, as
reflected in § 165.1333, no person or
vessel may enter or remain in the
security zones without the permission
of the COTP or a designated
representative. The COTP may be
assisted by other federal, state or local
agencies with the enforcement of the
security zones. For 2023, the following
areas are § 165.1333 security zones: all
navigable waters within 500 yards of
USS BARRY (DDG–52), USCGC HENRY
BLAKE (WLM–563), USCGC ROBERT
WARD (WPC–1130), USCGC WAHOO
(WPB–87345), HMCS YELLOWKNIFE
(MM–706), HMCS EDMONTON (MM–
703), HMCS NANAIMO (MM–702),
while each such vessel is in the Sector
Puget Sound COTP Zone.
The COTP has granted general
permission for vessels to enter the outer
400 yards of the security zones as long
as those vessels within the outer 400
yards of the security zones operate at
the minimum speed necessary to
maintain course unless required to
maintain speed by the navigation rules.
All vessel operators who desire to enter
the inner 100 yards of the security zones
or transit the outer 400 yards at greater
than minimum speed necessary to
maintain course must obtain permission
from the COTP or a designated
representative by contacting the onscene patrol craft on VHF Ch 13 or Ch
16. Requests must include the reason
why movement within this area is
necessary. Vessel operators granted
permission to enter the security zones
will be escorted by the on-scene patrol
craft until they are outside of the
security zones.
Due to a change in participating
vessels, the Coast Guard will provide
the maritime community with advanced
actual notification of these security
zones via the Local Notice to Mariners
and marine information broadcasts
before the start of the event. In the event
that there are additional changes to the
participating vessels, due to operational
requirements, the Coast Guard will
provide actual notice for any additional
designated participating vessels not
covered in this notice.
Members of the public may contact
Sector Puget Sound COTP at 206–217–
6002 for an up-to-date list of designated
participating vessels.
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]]>Agencies
[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51699-51701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16615]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0256]
RIN 1625-AA00
Safety Zone; Ohio River MM 469.5-470.5 and Licking River MM 0.0
to 0.3, Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone from
Mile Marker 469.5--Mile Marker 470.5 of the Ohio River and from Mile
Marker 0.0--Mile Marker 0.3 of the Licking River. This action is
necessary to provide for the safety of life on these navigable waters
near Cincinnati, OH during the Redbull Flugtag sporting event occurring
on August 12, 2023. This safety zone prohibits persons and vessels from
transiting through the safety zone unless authorized by the Captain of
the Port Sector Ohio Valley or a designated representative.
DATES: This rule is effective from noon through 5 p.m. on August 12,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0256 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 MST1 Julie Thomas, Marine Safety Detachment Cincinnati,
U.S. Coast Guard; telephone 513-921-9033, email
[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 due to timeline requirements, it is
impracticable to publish an NPRM and consider the comments because we
must establish this safety zone by August 12, 2023.
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 because immediate action is needed to
respond to the potential safety hazards associated with growing public
interest for the scheduled event starting August 12, 2023.
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 a sporting event starting August
1, 2023, will be a safety concern for anyone within Mile Marker 469.5--
Mile Marker 470.5 of the Ohio River and Mile Marker 0.0--Mile Marker
0.3 of the Licking River. This rule is needed to protect waterway
users, vessels, and the marine environment in the navigable waters
within the safety zone while the
[[Page 51700]]
sporting event occurs. This includes protection of personnel involved
with the sporting event and support vessels.
IV. Discussion of the Rule
This rule establishes a safety zone from noon until 5 p.m. on
August 12, 2023. The safety zone will cover all navigable waters from
Miler Marker 469.5--Mile Marker 470.5 of the Ohio River and Mile Marker
0.0--Mile Marker 0.3 of the Licking River. The duration of the zone is
intended to protect waterway users, vessels, and the marine environment
in these navigable waters while the sporting event is occurring. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the duration, and
time of day of the safety zone. The duration of the safety zone is five
hours, and vessels will be able to contact the COTP for directions on
how to transit around or seek permission to enter. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone. We do not anticipate any significant
economic impact resulting from activation of 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 lasting only 5 hours that would prohibit any vessel or
person from entering the safety zone without obtaining permission from
the Captain of the Port (COTP) of Sector Ohio Valley or a designated
representative. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 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.
[[Page 51701]]
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 165 801 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. 100.T08-0256 to read as follows:
Sec. 165.T08-0256 Safety Zone; Ohio River MM 469.5-470.5 and Licking
River MM 0.0 to 0.3, Cincinnati, OH.
(a) Regulated area. This section applies to the following area:
Ohio River Mile Marker 469.5--Miler Marker 470.5, extending the entire
river and the Licking River from Mile Marker 0.0--Mile Marker 0.3,
extending the entire river.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) This rule establishes a safety zone from noon
through 5 p.m. on August 12, 2023. The safety zone will cover all
navigable waters from Miler Marker 469.5--Mile Marker 470.5 of the Ohio
River and Mile Marker 0.0--Mile Marker 0.3 of the Licking River. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by contacting the Patrol Commander via VHF-FM radio
channel 16 or phone at 1-800-253-7465. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from noon
through 5 p.m. on August 12, 2023.
Dated: July 31, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-16615 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P
