[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Rules and Regulations]
[Pages 41687-41689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16613]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0558]
RIN 1625-AA00


Safety zone; Ohio River, Mile 469.4-470.0; Bellevue, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River, surface to bottom, extending from Ohio 
River mile 469.4 to mile 470.0. This temporary safety zone is necessary 
to protect commercial and recreational vessels from fireworks fallout 
associated with the City of Bellevue Beach Park Concert fireworks 
display. During the period of enforcement, no vessels may be located 
within this Coast Guard regulated area and entry into this Coast Guard 
regulated area is prohibited unless specifically authorized by the 
Captain of the Port Ohio Valley or other designated representative.

DATES: This rule is effective from 10 p.m. to 10:45 p.m. on July 13, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0558. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Denise Buckingham, Marine Safety Detachment 
Cincinnati, Coast Guard; telephone 513-921-9033, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers

A. Regulatory History and 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 it is impracticable. The Coast Guard 
was made aware of this fireworks display on June 17, 2013. An NPRM is 
impracticable in the time remaining before the event. This display 
presents potential hazards associated with a fireworks display over or 
on the Ohio River and a safety zone is required to protect persons and 
property on or near the waterway during the display. Providing notice 
and comment through the NPRM process would be impracticable as it would 
delay this rule and the safety measures it provides.
    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. Providing a full 30 
days notice would be impracticable and would unnecessarily delay the 
effective date of this rule. Delaying the effective date would also be 
contrary to public interest since immediate action is necessary to 
protect persons and property from potential hazards associated with a 
fireworks display on the Ohio River.

B. Basis and Purpose

    A fireworks display is planned to conclude the City of Bellevue 
Beach Park Concert on July 13, 2013. This display will feature 
fireworks being launched between miles 469.4 and 470.0 on the Ohio 
River at Bellevue, Kentucky. The Coast Guard determined that a safety 
zone is necessary to keep persons and property clear of any potential 
hazards associated with the launching of fireworks on or over the 
waterway.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 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; Pub. L. 107-295, 116 Stat. 2064; 
and Department of Homeland Security Delegation No.

[[Page 41688]]

0170.1, which collectively authorize the Coast Guard to establish and 
define regulatory safety zones.
    The purpose of the rule is to establish a temporary safety zone 
that provides protection for persons and property, including 
spectators, commercial and recreational vessels, and others that may be 
in the area during the noticed display times from the hazards 
associated with the fireworks display on and over the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing this temporary safety zone from 10 
p.m. to 10:45 p.m. on Saturday, July 13, 2013, for the City of Bellevue 
Beach Park Concert fireworks display. The Coast Guard will enforce the 
temporary safety zone and may be assisted by other federal, state and 
local agencies and the Coast Guard Auxiliary. Fireworks will be 
occurring on the Ohio River between miles 469.4 and 470.0 of the Ohio 
River at Bellevue, Kentucky. During the period of enforcement, no 
vessels may be located within this Coast Guard regulated area and entry 
into this Coast Guard regulated area is prohibited unless specifically 
authorized by the Captain of the Port Ohio Valley or other designated 
representative.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule prohibits 
vessels from entering into or being located within this Coast Guard 
regulated area unless specifically authorized by the Captain of the 
Port Ohio Valley or other designated representative. Based on the 
location, limited size, and short 45 minute duration of the safety 
zone, this rule is not a significant regulatory action. Additionally, 
notice of this safety zone or any changes will be made via broadcast 
notices to mariners and deviation from this rule may be requested from 
the COTP and will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor between Ohio River miles 469.4 and 470.0 from 10 p.m. 
to 10:45 p.m. on July 13, 2013.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities due to the fact that this safety 
zone would be activated, and thus subject to enforcement, for only 45 
minutes and before the activation of the zone, a broadcast notice to 
mariners will be issued and will be widely available to users of the 
river.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments,

[[Page 41689]]

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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishment of a temporary safety 
zone for all waters of the Ohio River, surface to bottom, extending 
from mile 469.4 to 470.0 on the Ohio River at Bellevue, Kentucky. This 
safety zone is necessary to protect commercial and recreational vessels 
from fireworks fallout associated with the City of Bellevue Beach Park 
Concert fireworks display. During the period of enforcement, no vessels 
may be located within this Coast Guard regulated area and entry into 
this Coast Guard regulated area is prohibited unless specifically 
authorized by the Captain of the Port Ohio Valley or other designated 
representative. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination 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.

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


0
2. Add Sec.  165.T08-0558 to read as follows:


Sec.  165.T08-0558  Safety Zone; Ohio River, Mile 469.4-470.0, 
Bellevue, KY.

    (a) Location. The following area is the safety zone: All waters of 
the Ohio River, surface to bottom, from mile 469.4 to mile 470.0 on the 
Ohio River at Bellevue, Kentucky. These markings are based on the 
USACE's Ohio River Navigation Charts (Chart 115 June 2010).
    (b) Effective Date. This section is effective from 10 p.m. to 10:45 
p.m. on July 13, 2013.
    (c) Periods of Enforcement. This rule will be in effect for a total 
of 45 minutes (10 p.m. through 10:45 p.m.) on July 13, 2013. The 
Captain of the Port Ohio Valley or a designated representative will 
inform the public through broadcast notice to mariners of the 
enforcement period for the safety zone as well as any changes in the 
planned schedule.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, movement within, or departure 
from 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, departure from, or 
movement within a regulated area must request permission from the 
Captain of the Port Ohio Valley or a designated representative. They 
may be contacted on VHF-FM Channel 13 or 16, or through Coast Guard 
Sector Ohio Valley at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Ohio Valley and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast 
Guard.

    Dated: June 26, 2013.
R. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2013-16613 Filed 7-10-13; 8:45 am]
BILLING CODE 9110-04-P