[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Rules and Regulations]
[Pages 45903-45905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17379]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Huntington-02-009]
RIN 2115-AA97


Safety Zone; Ohio River Miles 355.5 to 356.5, Portsmouth, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the waters of the Ohio River beginning at mile 355.5 and ending at mile 
356.5, extending the entire width of the river. This safety zone is 
needed to provide for the safety of participating vessels and mariners 
during the Portsmouth Powerboat Races. With the exception of 
participating vessels and mariners, all other vessels and persons are 
prohibited from transiting within this safety zone

[[Page 45904]]

unless authorized by the Captain of the Port, Huntington or his 
designated representative.

DATES: This rule is effective from 9 a.m. on July 20, 2002 until 7 p.m. 
on July 21, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Huntington-02-009] and are 
available for inspection or copying at Marine Safety Office Huntington, 
1415 6th Avenue, Huntington, West Virginia, between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer, Rick Leffler, 
Marine Safety Office Huntington, Marine Event Coordinator at (304) 529-
5524.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. Information was made 
available to the Coast Guard in insufficient time to publish an NPRM or 
for publication in the Federal Register 30 days prior to the event. 
Publishing an NPRM and delaying its effective date would be contrary to 
public interest since immediate action is needed to provide for the 
safety of participating vessels and mariners.

Background and Purpose

    The Captain of the Port Huntington, is establishing a safety zone 
from miles 355.5 to 356.5 on the Ohio River, extending the entire width 
of the river. This safety zone is necessary to ensure the safety of 
participating vessels and mariners during the Portsmouth Powerboat 
Races. Participating vessels are vessels registered with race officials 
to participate in the Portsmouth Powerboat Races. They include race 
boats, rescue boats, tow boats and picket boats associated with the 
race. With the exception of participating vessels and mariners of the 
Portsmouth Powerboat Races, all other vessels and persons are 
prohibited from transiting within this safety zone unless authorized by 
the Captain of the Port, Huntington or his designated representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary. This rule 
will only be in effect for a short period of time and notifications to 
the marine community will be made through broadcast notice to mariners. 
The impacts on routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit portions of the Ohio River from miles 355.5 to 356.5, from 9 
a.m. to 7 p.m. on July 20 and 21, 2002. This safety zone will not have 
a significant economic impact on a substantial number of small entities 
for the following reasons. There will be breaks provided every three 
hours during the races. During these breaks the waterway will be 
cleared and traffic will be allowed to pass through the zone as 
directed by the Coast Guard Patrol Commander. Notification of the 
safety zone and break periods will be made to the marine community by 
broadcast notice to mariners and event sponsors.
    If you are a small business entity and are significantly affected 
by this regulation please contact Chief Petty Officer Rick Leffler, 
Marine Safety Office Huntington at (304) 529-5524.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such an expenditure, we 
so discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health

[[Page 45905]]

Risks and Safety Risks. This rule is not an economically significant 
rule and does not create an environmental risk to health or risk to 
safety that may disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant adverse environmental impact as described in the 
National Environmental Policy Act of 1969 (NEPA). A ``Categorical 
Exclusion Determination'' is available for inspection or copying where 
indicated under ADDRESSES.

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

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 160.5; 49 CFR 1.46.

    2. From 9 a.m. on July 20, 2002 until 7 p.m. on July 21, 2002 a new 
temporary Sec. 165.T08-065 is added to read as follows:


Sec. 165.T08-065  Safety Zone; Ohio River Miles 355.5 to 356.5, 
Portsmouth, Ohio.

    (a) Location. The following area is a safety zone: the waters of 
the Ohio River from miles 355.5 to 356.5, extending the entire width of 
the river.
    (b) Enforcement period. This section will be enforced from 9 a.m. 
to 7 p.m. on July 20, 2002 and from 9 a.m. to 7 p.m. on July 21, 2002.
    (c) Definitions. Participating Vessels are vessels registered with 
race officials to participate in the Portsmouth Powerboat Races. They 
include race boats, rescue boats, tow boats and picket boats associated 
with the race.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry of persons and vessels into this zone 
is prohibited unless authorized by the Coast Guard Captain of the Port 
Huntington or his designated representative.
    (2) Participating vessels are authorized entry within the zone.
    (3) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Huntington, 
or his designated representative. They may be contacted via VHF-FM 
Channel 13 or 16 or via telephone at (304) 529-5524.
    (4) All persons and vessels shall comply with the instructions of 
the Captain of the Port Huntington and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.

    Dated: June 28, 2002.
L.D. Stroh,
Commander, U.S. Coast Guard, Captain of the Port Huntington.
[FR Doc. 02-17379 Filed 7-10-02; 8:45 am]
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