Safety Zone; Ohio River Mile Markers 2.5-3, Brunot Island, PA, 76131-76133 [2023-24388]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
Country
License
requirement
Entity
—ZALA;
—ZALA AERO;
—ZALA AERO GROUP—Bespilotniye
Sistemy;
—ZALA AERO GROUP—Unmanned Systems; and
—ZALA Aero Group Limited Liability Company.
118 40 Let Pobedy Street, Izhevsk, Udmurt
Republic, 426072, Russia; and 3
Perunovsky Per., Building 2, Floor 3,
Room 21, Moscow, 127055, Russia.
*
*
UZBEKISTAN .........
*
*
Mvizion LLC,
8 Katartal Street, 7th Block, Chilanzarskiy
District, Tashkent, 100113, Uzbekistan;
and 313 Gaydar Alieev Kuchasi, Tashkent,
Uzbekistan.
*
License
review policy
*
*
*
For all items subject to the
EAR (See §§ 734.9(g),3
746.8(a)(3), and 744.21(b)
of the EAR).
*
*
76131
Federal Register
citation
*
*
*
Policy of denial for all items
subject to the EAR apart
from food and medicine
designated as EAR99,
which will be reviewed on a
case-by-case basis. See
§§ 746.8(b) and 744.21(e).
*
*
*
*
88 FR [INSERT FR PAGE
NUMBER] 11/6/2023.
*
*
*
*
*
*
*
*
3 For this entity, ‘‘items subject to the EAR’’ includes foreign-produced items that are subject to the EAR under § 734.9(g) of the EAR. See §§ 746.8 and 744.21 of
the EAR for related license requirements, license review policy, and restrictions on license exceptions.
*
*
*
*
*
*
*
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
daily on November 3 through November
6, November 11, November 12,
December 2, December 3, 2023, and
January 8 through January 22, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0850 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
[FR Doc. 2023–24508 Filed 11–2–23; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Ohio River Mile Markers
2.5–3, Brunot Island, PA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
ddrumheller on DSK120RN23PROD with RULES1
I. Table of Abbreviations
The Coast Guard is proposing
to establish a temporary safety zone for
the Ohio River several days in
November and December 2023, and
January 2024, at mile marker 2.5 to mile
marker 3 from 8 a.m. through 6 p.m.
each day. This action is necessary to
provide for the safety of life on the
navigable waters during a helicopter
operation to install aerial transverse
wirelines. This rule prohibits persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port Pittsburgh (COTP) or a
designated representative.
DATES: This rule is effective from 8 a.m.
on November 3, 2023, through 6 p.m. on
January 22, 2024. This rule will be
enforced from 8 a.m. through 6 p.m.
SUMMARY:
VerDate Sep<11>2014
16:25 Nov 03, 2023
If
you have questions on this rule, call, or
email LTJG Eyobe Mills, Marine Safety
Unit Pittsburgh, U.S. Coast Guard, at
telephone 412–221–0807, email
Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[Docket Number USCG–2023–0850]
Jkt 262001
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.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
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 and contrary to the public
interest. This safety zone must be
established by November 3, 2023, to
provide for the safety of life on the
navigable waters during a helicopter
operation, and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing this rule. Vessels inside
of the safety zone have the potential of
getting hit by debris from the helicopter.
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
action is needed by November 3, 2023,
to ensure the safety of the of life on the
navigable waters during a helicopter
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 Pittsburgh (COTP)
has determined that potential hazards
associated with a helicopter operation
on November 3 through November 6,
November 11 through November 12,
December 2 through December 3, 2023,
and January 8 through January 22, 2024,
will be a safety concern for anyone on
the Ohio River from mile markers 2.5 to
mile marker 3 from 8 a.m. to 6 p.m. The
purpose of this rule is to ensure safety
of the participant, vessels, and the
E:\FR\FM\06NOR1.SGM
06NOR1
76132
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that will be enforced each
day from 8 a.m. until 6 p.m. on
November 3 through November 6,
November 11 through November 12,
December 2 through December 3, 2023,
and January 8 through January 22, 2024.
The safety zone will cover all navigable
waters on the Ohio River from mile
markers 2.5 to mile marker 3. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in the navigable
waters during an installation of aerial
transverse wirelines using a helicopter.
No vessel or person is permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative of the COTP.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
the COTP. To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through Marine Safety Unit
Pittsburgh at 412–221–0807. Persons
and vessels permitted to enter the safety
zone must comply with all lawful orders
or directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
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).
VerDate Sep<11>2014
16:25 Nov 03, 2023
Jkt 262001
This regulatory action determination
is based on size, location, and duration
of the temporary safety zone. This safety
zone only impacts a 0.5-mile stretch on
the Ohio River for 10 hours each day
from November 3 through November 6,
November 11 through November 12,
December 2 through December 3, 2023,
and January 8 through January 22, 2024.
Moreover, the Coast Guard will issue
Local Notice to Mariners and Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission from
the COTP to transit the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
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
temporary safety zone lasting 10 hours
each day from November 3 through
November 6, November 11 through
November 12, December 2 through
December 3, 2023, and January 8
through January 22, 2024, on the Ohio
E:\FR\FM\06NOR1.SGM
06NOR1
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
River. 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.
670–7288. To seek permission,
concerned traffic may reach contact the
event organizers on channel 13 or at
(860) 573–6646. 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 each day from 8 a.m.
through 6 p.m. from November 3
through November 6, November 11
through November 12, December 2
through December 3, 2023, and January
8 through January 22, 2024. The
temporary safety zone will be enforced
during the 10 hour helicopter operation.
Justin R. Jolley,
Commander, U.S. Coast Guard, Acting,
Captain of the Port, MSU Pittsburgh.
[FR Doc. 2023–24388 Filed 11–3–23; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water),
Reporting, and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket Number: USCG–2023–0135]
RIN 1625–AA00
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.
2. Add § 165.T08–0850 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
(a) Location. The following area is a
temporary safety zone on the Ohio River
from mile marker 2.5 to mile marker 3.
(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 Pittsburgh (COTP) in the
enforcement of the safety zone.
Designated representative includes
safety boat provided by the event
organizers.
(c) 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 COTP
or the C’TP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative on Channel 16 or at 412–
16:25 Nov 03, 2023
Jkt 262001
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone to be enforced
in the event of hurricanes, tropical
storms, and other disasters in the
Florida Keys, FL. This action is
necessary to ensure the safety of the
waters of the Key West Captain of the
Port (COTP) zone. This regulation
establishes actions to be completed by
parties operating on and around the
navigable waterways of the Key West
COTP zone. This may include the
owners and operators, and those in
management and control positions of
regulated facilities, waterfront facilities,
and vessels, prior to landfall of
hurricanes, tropical storms, and other
disasters threatening the Florida Keys.
DATES: This rule is effective without
actual notice November 6, 2023. For the
purposes of enforcement, actual notice
will be used from November 1, 2023,
until November 6, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0135 in the search box and click
‘‘Search.’’ Next, in the Document Type
SUMMARY:
§ 165.T08–0850 Safety Zone; Ohio River,
Brunot Island, PA.
VerDate Sep<11>2014
Safety Zone; Atlantic Ocean, Key West,
FL
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
76133
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notification
of enforcement, call or email Hailye
Wilson, Sector Key West Waterways
Management Department, Coast Guard;
telephone 305–292–8768; email:
hailye.m.wilson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
CWA Clean Water Act
DHS Department of Homeland Security
FR Federal Register
MTSA Maritime Transportation Security
Act
NPRM Notice of proposed rulemaking
OPA90 The Oil Pollution Act of 1990
PWSA Ports and Waterways Safety Act
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Florida Keys has the potential to
be affected by hurricanes, tropical
storms, and other disasters on a yearly
basis, especially between the months of
June and November. The Key West
COTP is establishing a safety zone to
provide for the safety of life during such
storms and events. In response, on May
2, 2023, the Coast Guard published a
notice of proposed rulemaking
(NPRM).1 There, we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to safety zone. During the
comment period that ended June 1,
2023, we received two comments.
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 public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the rapid formation of a
tropical storm or hurricane that would
pose an imminent threat to vessels,
persons, structures, and shore areas.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
purpose of this rule is to protect the
general maritime public, to include
vessel owners, vessel operators, and
those in management and control
positions related to facilities and
waterways regulated by the Coast
Guard, along with those in management
and control positions related to any land
1 88
FR 27421.
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76131-76133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0850]
RIN 1625-AA00
Safety Zone; Ohio River Mile Markers 2.5-3, Brunot Island, PA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Ohio River several days in November and December 2023, and
January 2024, at mile marker 2.5 to mile marker 3 from 8 a.m. through 6
p.m. each day. This action is necessary to provide for the safety of
life on the navigable waters during a helicopter operation to install
aerial transverse wirelines. This rule prohibits persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Pittsburgh (COTP) or a designated representative.
DATES: This rule is effective from 8 a.m. on November 3, 2023, through
6 p.m. on January 22, 2024. This rule will be enforced from 8 a.m.
through 6 p.m. daily on November 3 through November 6, November 11,
November 12, December 2, December 3, 2023, and January 8 through
January 22, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0850 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 LTJG Eyobe Mills, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone 412-221-0807, 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 it is impracticable and contrary to
the public interest. This safety zone must be established by November
3, 2023, to provide for the safety of life on the navigable waters
during a helicopter operation, and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing this rule. Vessels inside of the safety zone have the potential
of getting hit by debris from the helicopter.
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 action is needed by November 3, 2023, to ensure the safety of
the of life on the navigable waters during a helicopter 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 Pittsburgh (COTP) has determined that
potential hazards associated with a helicopter operation on November 3
through November 6, November 11 through November 12, December 2 through
December 3, 2023, and January 8 through January 22, 2024, will be a
safety concern for anyone on the Ohio River from mile markers 2.5 to
mile marker 3 from 8 a.m. to 6 p.m. The purpose of this rule is to
ensure safety of the participant, vessels, and the
[[Page 76132]]
navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
each day from 8 a.m. until 6 p.m. on November 3 through November 6,
November 11 through November 12, December 2 through December 3, 2023,
and January 8 through January 22, 2024. The safety zone will cover all
navigable waters on the Ohio River from mile markers 2.5 to mile marker
3. The duration of the zone is intended to protect personnel, vessels,
and the marine environment in the navigable waters during an
installation of aerial transverse wirelines using a helicopter.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative of
the COTP. A designated representative is a commissioned, warrant, or
petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of the COTP. To seek permission to enter,
contact the COTP or a designated representative via VHF-FM channel 16,
or through Marine Safety Unit Pittsburgh at 412-221-0807. Persons and
vessels permitted to enter the safety zone must comply with all lawful
orders or directions issued by the COTP or designated representative.
The COTP or a designated representative will inform the public of the
effective period for the safety zone as well as any changes in the
dates and times of enforcement through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. 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 size, location,
and duration of the temporary safety zone. This safety zone only
impacts a 0.5-mile stretch on the Ohio River for 10 hours each day from
November 3 through November 6, November 11 through November 12,
December 2 through December 3, 2023, and January 8 through January 22,
2024. Moreover, the Coast Guard will issue Local Notice to Mariners and
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission from the COTP to
transit the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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
temporary safety zone lasting 10 hours each day from November 3 through
November 6, November 11 through November 12, December 2 through
December 3, 2023, and January 8 through January 22, 2024, on the Ohio
[[Page 76133]]
River. 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.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water), Reporting, and recordkeeping
requirements, 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.T08-0850 to read as follows:
Sec. 165.T08-0850 Safety Zone; Ohio River, Brunot Island, PA.
(a) Location. The following area is a temporary safety zone on the
Ohio River from mile marker 2.5 to mile marker 3.
(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 Pittsburgh (COTP) in the enforcement of the safety
zone. Designated representative includes safety boat provided by the
event organizers.
(c) 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 COTP or the
C'TP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on Channel 16 or at 412-670-7288. To seek permission,
concerned traffic may reach contact the event organizers on channel 13
or at (860) 573-6646. 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 each day from
8 a.m. through 6 p.m. from November 3 through November 6, November 11
through November 12, December 2 through December 3, 2023, and January 8
through January 22, 2024. The temporary safety zone will be enforced
during the 10 hour helicopter operation.
Justin R. Jolley,
Commander, U.S. Coast Guard, Acting, Captain of the Port, MSU
Pittsburgh.
[FR Doc. 2023-24388 Filed 11-3-23; 8:45 am]
BILLING CODE 9110-04-P
