[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Rules and Regulations]
[Pages 58606-58608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25683]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Louisville-03-009]
RIN 1625-AA00


Safety Zone; Ohio River, Miles 469.6 to 470.5, Extending 900 Feet 
from the Ohio Shoreline, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River extending 900 feet from the Ohio shoreline 
beginning at mile marker 469.6 and ending at mile marker 470.5. This 
zone is necessary to protect participants, spectators and vessels from 
the potential safety hazards associated with the 2003 Tall Stacks 
Heritage Festival. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Louisville or a 
designated representative.

DATES: This rule is effective from 8 a.m. on October 14, 2003 until 1 
p.m. on October 20, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Louisville-03-009] and are 
available for inspection or copying at Marine Safety Office Louisville, 
600 Martin Luther King Junior Place, Room 360, Louisville,

[[Page 58607]]

KY 40202-2230, between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Tom Lake, Marine 
Safety Office Louisville, Planning Department, at (502) 582-5194.

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. Publishing an NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to protect participants, vessels and 
mariners from the hazards associated with the 2003 Tall Stacks Heritage 
Festival.

Background and Purpose

    The Captain of the Port Louisville is establishing a safety zone 
for all waters of the Ohio River extending 900 feet from Ohio shoreline 
beginning at mile marker 469.6 and ending at mile marker 470.5. The 
event requires a safety zone due to the number of commercial vessels 
that regularly transit the area, the potential for a large spectator 
vessel turnout and the need to control vessel traffic in the vicinity 
of the 2003 Tall Stacks Heritage Festival. 17 paddle wheel vessels will 
be moored in this zone. Over 25,000 waterborne spectators are expected 
to be in the vicinity of these paddle wheel vessels at any one time. 
Unauthorized access by a recreational or commercial vessel could create 
a hazardous condition that would endanger the safety of participants or 
spectators. Entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Louisville 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 rule will only be in effect for a short period of time and 
notifications to the maritime community will be made through broadcast 
notice to mariners. The impacts on routine navigation are expected to 
be minimal as this safety zone will only extend 900 feet from the Ohio 
shoreline. Vessels intending to transit between miles 469.6 and 470.5 
may do so if they transit at a distance no closer than 900 feet from 
the Ohio shoreline.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 recreational and 
commercial towing vessels intending to transit within 900 feet of the 
Ohio shoreline from mile marker 469.6 to mile marker 470.5, from 8 a.m. 
on October 14, 2003 until 1 p.m. on October 20, 2003. This safety zone 
will not have a significant economic impact on a substantial number of 
small entities because this rule will be in effect for only a short 
period of time, and the safety zone will not extend the entire width of 
the river. Vessels intending to transit between miles 469.6 and 470.5 
may do so if they transit at a distance no closer than 900 feet from 
the Ohio shoreline.
    If you are a small business entity and are significantly affected 
by this regulation please contact LT Tom Lake, Marine Safety Office 
Louisville, Planning Department, at (502) 582-5194.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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

[[Page 58608]]

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 determined 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 M16475.1D, 
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 adverse environmental impact as described in NEPA. 
Paragraph (34)(g) is applicable because this rule is establishing a 
safety zone that will be effective for a period greater than one week. 
A final ``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES.

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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 
103-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. A new temporary Sec.  165.T08-129 is added to read as follows:


Sec.  165.T08-129  Safety Zone; Ohio River, Miles 469.6 to 470.5, 
Extending 900 feet from the Ohio shoreline, Cincinnati, OH.

    (a) Location. The following area is safety zone: All waters of the 
Ohio River extending 900 feet from the Ohio shoreline beginning at mile 
marker 469.6 and ending at mile marker 470.5.
    (b) Effective date. This section is effective from 8 a.m. on 
October 14, 2003 until 1 p.m. on October 20, 2003.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Louisville or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Louisville or 
a designated representative. They may be contacted on VHF Channel 13 or 
16.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Louisville 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: September 12, 2003.
T.D. Gilbreath,
Commander, U.S. Coast Guard, Captain of the Port Louisville.
[FR Doc. 03-25683 Filed 10-9-03; 8:45 am]
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