[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28614-28616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14166]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0310]
RIN 1625-AA00


Safety Zone; Ohio River, Mile 460.0 to 470.5, 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, beginning at mile marker 460.0 and ending 
at 470.5. This zone is necessary to protect participants, spectators, 
and vessels from the potential safety hazards associated with the 8th 
Annual Ohio River Way Paddlefest marine event. Entry into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Ohio Valley or other designated representative.

DATES: This rule is effective from 8 a.m. to 12:30 p.m. on June 27, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0310 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0310 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Saturday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Chief Petty Officer Don Laisure, Prevention 
Department, Sector Ohio Valley, U.S. Coast Guard; telephone 502-893-
8186, e-mail [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 doing so and delaying its effective 
date would be contrary to public interest since immediate action is 
needed to protect persons and vessels from the hazards associated with 
the 8th Annual Ohio River Way Paddlefest marine event.
    For the same reasons, 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.

Background and Purpose

    The 8th Annual Ohio River Way Paddlefest Marine Event consists of 
kayak and canoe races on June 27, 2009. A safety zone encompassing the 
entire marine event area is required to ensure the safety of 
participants, spectators and vessels in the area.

Discussion of Rule

    The Coast Guard is establishing a safety zone from 8 a.m. to 12:30 
p.m. on Saturday, June 27, 2009 for the 8th Annual Ohio River Way 
Paddlefest marine event. This temporary safety zone is necessary for 
the safety of the participants, spectators and vessels, and will impact 
the use of the waterway during the period of the event. The limits of 
this temporary safety zone encompass all waters of the Ohio River 
between Ohio River Mile 460.0 and 470.5.
    The Coast Guard will enforce the safety zone and may be assisted by 
other Federal, State and local agencies, including the Coast Guard 
Auxiliary. Persons and vessels will be prohibited from entering into, 
transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port, or other designated 
representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
This determination is based on the size, location, and duration of the 
safety zone.

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 proposed rule would affect the following entities, some 
of which might be small entities: The owners or operators of vessels 
intending to transit

[[Page 28615]]

or anchor between Ohio River Mile 460.0 and 470.5 from 8 a.m. to 12:30 
p.m. on June 27, 2009.
    This safety zone would not have a significant impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for 
only 4 hours and 30 minutes. Before activation of the zone, we would 
issue maritime advisories widely available to users of the river. 
Consideration will be given to vessels desiring transit through the 
safety zone on a case-by-case basis. When safety permits, vessel 
transits will be granted by and under the conditions set forth by the 
COTP or designated representative. Before activation of the zone, we 
will issue maritime advisories widely available to users of the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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). 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.

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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 0023.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves implementation of 
regulations within 33 CFR Part 165 that apply to safety zones on the 
navigable waters of the United States. An environmental analysis 
checklist and a 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 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;

[[Page 28616]]

Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add temporary Sec.  165.T08-0310 to read as follows:


165.T08-0310  Safety Zone; Ohio River, Miles 460.0 to 470.5, 
Cincinnati, OH.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River, from surface to bottom, beginning at mile marker 460.0 
and ending at mile marker 470.5.
    (b) Effective Period. This section is effective from 8 a.m. to 
12:30 p.m. on June 27, 2009.
    (d) 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 Ohio Valley 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 Ohio Valley 
or a designated representative. U.S. Coast Guard Sector Ohio Valley 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 Ohio Valley and designated 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 5, 2009.
A.E. Tucci,
Commander, U.S. Coast Guard, Captain of the Port Ohio Valley, Acting.
[FR Doc. E9-14166 Filed 6-16-09; 8:45 am]
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