[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Rules and Regulations]
[Pages 34305-34307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14431]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Huntington-03-001]
RIN 1625-AA00


Safety Zone; Ohio River Miles 171.5 to 172.5, Marietta, OH

AGENCY: Coast Guard, DHS.

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 171.5 and ending at mile 
172.5, extending the entire width of the river. This safety zone is 
needed to provide for the safety of participating vessels and mariners 
during the Marietta River Roar, tunnel boat races. All vessels and 
persons are prohibited from transiting within this safety zone, except 
for participating vessels and mariners, unless authorized by the 
Captain of the Port Huntington or a designated representative.

DATES: This rule is effective from 10 a.m. on July 4 until 7 p.m. on 
July 5, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (COTP Huntington-03-001) and are 
available for inspection or copying at Marine Safety Office Huntington, 
1415 6th Ave., Huntington, WV, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer (PO) William Reeves, 
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 not making this rule effective less than 30 days 
after publication in the Federal Register. Publishing an NPRM and 
delaying the 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 171.5 to 172.5 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 Marietta River Roar 
tunnel boat races. Participating vessels are vessels registered with 
event officials to race or work in the Marietta

[[Page 34306]]

River Roar, and include race boats, rescue boats, tow boats and picket 
boats associated with the race. With the exception of participating 
vessels of the Marietta River Roar, all other vessels and persons are 
prohibited from transiting within this safety zone between 10 a.m. and 
7 p.m. each day unless authorized by the Captain of the Port Huntington 
or a 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 Homeland 
Security (DHS).
    This regulation 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 171.5 to 172.5, from 10 
a.m. on July 4 until 7 p.m. on July 5, 2003, and will only be enforced 
from 10 a.m. to 7 p.m. each day. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This regulation will be enforced for only a 
short period of time, and there will be breaks provided every three 
hours during the races. During those breaks the waterway will be 
cleared and traffic will be allowed to pass through the zone. 
Notification of the safety zone and the 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 PO William Reeves, Marine Safety 
Office Huntington, Marine Event Coordinator 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 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation because this rule is not expected to result in any 
significant

[[Page 34307]]

environmental impact as described in NEPA.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 160.5; Department of Homeland Security Delegation No. 
0170.


0
2. From 10 a.m. on July 4, 2003 until 7 p.m. on July 5, 2003 add a new 
temporary Sec.  165.T08-050 to read as follows:


Sec.  165.T08-050  Safety Zone; Ohio River Miles 171.5 to 172.5 
Marietta, OH.

    (a) Definition. Participating Vessels are vessels registered with 
event officials to race or work in the Marietta River Roar, and include 
race boats, rescue boats, tow boats and picket boats associated with 
the race.
    (b) Location. The following area is a safety zone: the waters of 
the Ohio River from miles 171.5 to 172.5, extending the entire width of 
the river.
    (c) Periods of enforcement. This section will be enforced from 10 
a.m. to 7 p.m. on July 4 and July 5, 2003. The Captain of the Port 
Huntington or a designated representative will inform the public 
through broadcast notice to mariners of the enforcement periods for the 
safety zone.
    (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 a designated representative.
    (2) Participating vessels are authorized entry within the zone.
    (3) Persons or vessels other than participating vessels requiring 
entry into or passage through the zone must request permission from the 
Captain of the Port Huntington, or a designated representative. They 
may be contacted via VHF-FM Channel 13 or 16 or by 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: May 14, 2003.
S.M. Wischmann,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Huntington.
[FR Doc. 03-14431 Filed 6-6-03; 8:45 am]
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