[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Rules and Regulations]
[Pages 30831-30833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12321]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Huntington-04-001]
RIN 1625-AA00


Safety Zone; Ohio River, 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 protect participating vessels and mariners during the 
Marietta Roar Tunnel Boat Race. With the exception of participating 
vessels and mariners, all vessels and persons are prohibited from 
transiting within this safety zone unless authorized by the Captain of 
the Port Huntington or a designated representative.

DATES: This rule is effective from 9:30 a.m. on July 3, 2004 until 7 
p.m. on July 4, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Huntington-04-001] 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) John Bialasik, 
Marine Safety Office Huntington, WV, 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 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 vessels and 
mariners participating in a high-speed boat race.

Background and Purpose

    The APR Powerboat Superleague will be conducting the Marietta Roar 
Tunnel Boat Race on July 3 and July 4, 2004. Race boats will be 
traveling at a very high rate of speed and at times may not be able to 
stop to avoid a collision if spectator or other vessels are operating 
in close proximity of the racecourse. A safety zone is needed to 
protect the race boats, persons and spectators from the potential 
safety hazards associated with this boat race.

Discussion of Rule

    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. The term 
``participating vessel'' includes all vessels registered with race 
officials to race or work in the event. They include race boats, rescue 
boats, towboats and picket boats associated with the race. With the 
exception of participating vessels and those mariners operating 
participating vessels, all vessels and persons are prohibited from 
transiting within this safety zone unless authorized by the Captain of 
the Port Huntington or a designated representative. This rule is 
effective from 9:30 a.m. on July 3, 2004 until 7 p.m. on July 4, 2004. 
This rule will only be enforced from 9:30 a.m. until 7 p.m. on each day 
that it is effective. During non-enforcement hours all vessels will be 
allowed to transit through the safety zone without having to obtain 
permission from the Captain of the Port Huntington or a designated 
representative. The Captain of the Port Huntington will inform the 
public through broadcast notice to mariners of the enforcement periods 
for the safety zone.

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

[[Page 30832]]

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 nine and a half hours 
each day and notifications to the maritime community will be made 
through broadcast notice to mariners. During non-enforcement hours all 
vessels will be allowed to transit through the safety zone without 
having to obtain permission from the Captain of the Port Huntington or 
a designated representative. Additionally, 30-minute breaks will be 
scheduled every three hours to allow awaiting vessels to pass through 
the safety zone. The impacts on routine navigation are expected to be 
minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 and operators of commercial and 
recreational vessels intending to transit the Ohio River from mile 
marker 171.5 to 172.5, from 9:30 a.m. on July 3, 2004 until 7 p.m. on 
July 4, 2004. This safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (1) This rule will only be enforced from 9:30 a.m. until 7 
p.m. on each day that it is effective; (2) During non-enforcement hours 
all vessels will be allowed to transit through the safety zone without 
permission from the Captain of the Port Huntington or a designated 
representative; and (3) 30-minute breaks will be scheduled every three 
hours to allow awaiting vessels to pass through the safety zone. If you 
are a small business entity and are significantly affected by this 
regulation, please contact PO John Bialasik, Marine Safety Office 
Huntington, WV, at (304) 529-5524.

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 expenditure, we do 
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 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 adverse 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

[[Page 30833]]

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, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Temporarily add new Sec.  165.T08-032 to read as follows:


Sec.  165.T08-032  Safety Zone; Ohio River, Mile 171.5 to 172.5 
Marietta, OH.

    (a) Definition. As used in this section--
    Participating vessel means all vessels registered with race 
officials to race or work in the event. These vessels include race 
boats, rescue boats, towboats and picket boats associated with the 
race.
    (b) Location. The following area is a safety zone: the waters of 
the Ohio River beginning at mile 171.5 and ending at mile 172.5, 
extending the entire width of the river.
    (c) Effective date. This rule is effective from 9:30 a.m. on July 
3, 2004 until 7 p.m. on July 4, 2004.
    (d) Periods of Enforcement. This rule will be enforced from 9:30 
a.m. until 7 p.m. on each day that it is effective. 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.
    (e) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
persons and vessels except participant vessels and those vessels 
specifically authorized by the Captain of the Port Huntington or a 
designated representative.
    (2) Persons or vessels other than participating vessels and 
mariners 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 on VHF-FM Channel 13 or 16 or by 
telephone at (304) 529-5524.
    (3) 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 20, 2004.
J.M. Michalowski,
Commander, U.S. Coast Guard, Captain of the Port Huntington.
[FR Doc. 04-12321 Filed 5-28-04; 8:45 am]
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