[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57828-57830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26476]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1064]
RIN 1625-AA00


Safety Zone; Ohio River, Ironton, 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 navigable waters on the Ohio River from mile marker (MM) 326.5 to 
MM 327.5. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards associated with the 
demolition of the Ironton-Russell Bridge. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Sector Ohio Valley (COTP) or a designated 
representative.

DATES: This rule is effective without actual notice from December 8, 
2017 through December 22, 2017. This rule will be enforced from 
December 8, 2017 through December 4, 2017, unless the demolition is 
postponed because of adverse weather, in which case this rule will be 
enforced from 10 a.m. to 3 p.m. on December 5, 2017, December 11-15, 
2017, and December 18-22, 2017.
    For the purposes of enforcement, actual notice will be used from 
December 4, 2017 until December 8, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1064 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Robert Miller, Marine Safety Unit 
Huntington, U.S. Coast Guard; telephone 304-733-0198, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 impracticable.
    We must establish this safety zone by December 4, 2017 and lack 
sufficient time to provide responsible comment period and then consider 
those comments before issuing the rule.
    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. Delaying the effective date to 
provide a full 30 days' notice is contrary to public interest because 
immediate action is needed to protect persons and vessels from safety 
hazards associated with the Ironton-Russell Bridge demolition.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the bridge demolition taking 
place on or over this section of the navigable waterway will be a 
safety concern for anyone within the area designated as the safety 
zone. This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
bridge demolition.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 10 a.m. on 
December 4, 2017 through 3 p.m. on December 22, 2017 for all navigable 
waters of the Ohio River from mile marker (MM) 326.5 to MM 327.5, for 
the Ironton-Russell Bridge demolition in Ironton, OH. This

[[Page 57829]]

rule will be enforced on from 10 a.m. to 3 p.m. on December 4, 2017, 
unless the demolition is postponed because of adverse weather, in which 
case this rule will be enforced from 10 a.m. to 3 p.m. on December 5, 
2017, December 11-15, 2017, and December 18-22, 2017.
    All potential work delay dates are necessary due to inclement 
weather, river conditions or mechanical issues that could occur 
preventing the scheduled demolition on December 4, 2017. The waterway 
users have been briefed on the procedures to be taken in the event of 
inclement weather or mechanical issues, and are aware that the project 
dates may be changed. This safety zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters during the bridge demolition. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. 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 and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will not be able to safely transit through this safety zone, which will 
impact a small designated area of the Ohio River from MM 326.5 through 
MM 327.5 for five hours on December 4, 2017, during a time of year when 
vessel traffic is normally low. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 a safety zone lasting only five hours that will prohibit 
entry on one day, with alternate work delay dates, that will prohibit 
entry within MM 326.5 through MM 327.5 on the Ohio River due to 
demolition project of the Ironton-Russell Bridge. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

[[Page 57830]]

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-1064 to read as follows:


Sec.  165.T08-1064  Safety zone; Ohio River, MM 326.5 through MM 327.5, 
Ironton, OH.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River from mile marker (MM) 326.5 through MM 327.5.
    (b) Enforcement period. This rule will be enforced 10 a.m. through 
3 p.m. on December 4, 2017, unless the demolition is postponed because 
of adverse weather, in which case this rule will be enforced from 10 
a.m. to 3 p.m. on December 5, 2017, December 11-15, 2017, and December 
18-22, 2017.
    (c) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Sector Ohio Valley in the enforcement of the 
safety zone.
    (d) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or a 
designated representative.
    (2) To seek permission to enter, contact the COTP or designated 
representative via radio on channel 16.
    (3) All persons and vessels shall comply with the instruction of 
the COTP and designated on-scene personnel.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the Public through Broadcast Notices to Mariners, Local 
Notices to Mariners, and/or Safety Marine Information Broadcasts as 
appropriate of the enforcement period for each safety zone as well as 
any changes in the planned and published dates and times of 
enforcement.

    Dated: December 4, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-26476 Filed 12-7-17; 8:45 am]
 BILLING CODE 9110-04-P