[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Proposed Rules]
[Pages 32889-32891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13307]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0183]
RIN 1625-AA00


Safety Zone, Ohio River, Miles 449.0 to 451.5; New Richmond, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for all waters of the Ohio River, surface to bottom, extending from 
Ohio River mile 449.0 to mile 451.5 at New Richmond, Ohio. This 
temporary safety zone is necessary to protect persons and property from 
potential damage and safety hazards during the New Richmond 
Bicentennial Big Bash, which involves tossing pumpkins into the river 
with trebuchets, which are catapults operating under a raised 
counterweight system. During the period of enforcement, no vessels may 
be located within this proposed safety zone and entry into this area 
will be prohibited unless specifically authorized by the Captain of the 
Port Ohio Valley or other designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 9, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries are 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Denise Davidson, Marine Safety Detachment 
Cincinnati, U.S. Coast Guard; telephone 513-921-9033 x2113, email 
[email protected] or Petty Officer John Joeckel, Marine Safety 
Detachment Cincinnati, U.S. Coast Guard; telephone 513-921-9033 x2109, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0183] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0183) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor

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union, etc.). You may review a Privacy Act notice regarding our public 
dockets in the January 17, 2008, issue of the Federal Register (73 FR 
3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    There is no regulatory history related to the proposed safety zone 
or the event triggering a need for the proposed safety zone. The New 
Richmond Bicentennial Big Bash is an event that is planned to take 
place September 20, 2014. This event includes tossing pumpkins into the 
river using trebuchets. This event will be advertised to and throughout 
the local community.
    Should this event and the related waterway activity become a 
recurring event, requiring a safety zone, the Coast Guard will include 
it in a future update to the list of recurring safety zones under 33 
CFR 165.801.

C. Basis and Purpose

    The New Richmond Bicentennial Big Bash is an event that involves 
tossing pumpkins into the river with trebuchets. The purpose of this 
proposed rule is to establish a safety zone to protect persons and 
property from potential damage and safety hazards during the New 
Richmond Bicentennial Big Bash. The Coast Guard's authority for 
establishing safety zones is contained at 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; Public Law 107-295, 116 Stat. 2064; and Department 
of Homeland Security Delegation No. 0170.1.

D. Discussion of Proposed Rule

    The COTP Ohio Valley proposes to establish a safety zone for the 
waters of the Ohio River, beginning at mile marker 449.0 and ending at 
451.5, to protect persons and property from potential damage and safety 
hazards during the New Richmond Bicentennial Big Bash, which involves 
tossing pumpkins into the river with trebuchets. During this event, 
vessels will not be allowed to enter into, depart from, or move or 
anchor within the area of this safety zone without permission from the 
COTP Ohio Valley or designated representative. Persons or vessels 
requiring entry into or passage through the safety zone must request 
permission from the COTP 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. This proposed rule would be 
effective from 12:00 p.m. until 5:00 p.m. on September 20, 2014. The 
COTP Ohio Valley will inform the public through Broadcast Notices to 
Mariners, Local Notices to Mariners, and/or Marine Safety Information 
Bulletins as appropriate of the enforcement period for the safety zone.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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.
    The U.S. Coast Guard expects the economic impact of this proposed 
rule to be so minimal that a full regulatory evaluation is unnecessary. 
The safety zone in this proposed rule requires restricted vessel 
traffic transiting the Ohio River from mile 449.0 to mile 451.5 at New 
Richmond, Ohio from 12:00 p.m. to 5:00 p.m. on September 20, 2014. The 
effect of this regulation will not be significant because the event is 
short in duration and the safety zone restricting and governing vessel 
movements is limited in scope and also short in duration. Additionally, 
the public will be given advance notification through Federal Register, 
Local Notices to Mariners, Broadcast Notices to Mariners and/or Marine 
Safety Information Bulletins to be able to plan operations around the 
events in advance.

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 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 
proposed 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 or anchor in a 2.5 mile portion of the Ohio River 
from 12:00 p.m. to 5:00 p.m. on September 20, 2014.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for 5 
hours. Although the safety zone would apply to the entire width of the 
river, traffic would be allowed to pass through the regulated area from 
2:00 p.m. to 3:00 p.m. with the permission of the Captain of the Port. 
Before the activation of the regulated area, we would issue maritime 
advisories widely available to users of the river.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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

[[Page 32891]]

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 proposed rule under that Order and determined that this 
proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule 
involves establishment of a safety zone to protect persons and property 
from potential damage and safety hazards during the New Richmond 
Bicentennial Big Bash occurring on the Ohio River from mile marker 
449.0 to mile marker 451.5 for a 5-hour period on September 20, 2014. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
to amend 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; and Department of Homeland Security 
Delegation No. 0170.1.

0
2. A new temporary safety zone Sec.  165.T08-0183 is added to read as 
follows:


Sec.  165.T08-0183  Safety Zone; Ohio River, Miles 449.0 to 451.5, New 
Richmond, OH.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River, beginning at mile marker 449.0 to mile 451.5 at New 
Richmond, Ohio.
    (b) Effective date. This section is effective and enforceable from 
12:00 p.m. to 5:00 p.m. on September 20, 2014.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this area is prohibited unless authorized by the 
Captain of the Port (COTP) Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the COTP Ohio Valley or a designated 
representative. COTP Ohio Valley and designated U.S. Coast Guard patrol 
personnel may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.
    (3) All persons and vessels shall comply with the instructions of 
the COTP 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.
    (d) Informational Broadcasts. The COTP Ohio Valley or a designated 
representative will inform the public through Broadcast Notices to 
Mariners, Local Notices to Mariners, and/or Marine Safety Information 
Bulletins as appropriate of the enforcement period and any changes in 
schedule for the safety zone.

    Dated: May 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-13307 Filed 6-6-14; 8:45 am]
BILLING CODE 9110-04-P