[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21712-21714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09920]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0422]
RIN 1625-AA00


Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2, 
Vanport, PA

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 of the Ohio River from mile marker 27.8 to mile 
marker 28.2 near the Vanport Highway Bridge. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by a cargo movement near the Vanport Highway 
Bridge in Vanport, PA. Entry of vessels or persons into this zone is 
prohibited unless authorized by the Captain of the Port Marine Safety 
Unit Pittsburgh or a designated representative.

DATES: This rule is effective without actual notice from May 10, 2018 
until 6 p.m. on May 11, 2018. For the purposes of enforcement, actual 
notice will be used from 8 a.m. on May 6, 2018 until May 10, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0422 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 Jennifer Haggins, Marine Safety Unit 
Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
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

    On May 3, 2018, Bechtel notified the Coast Guard that a cargo 
movement in the vicinity of the Vanport Highway Bridge could create 
potential hazards for the bridge's structural integrity. 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)(3)(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. We did 
not receive notice of this cargo operation until May 3, 2018. This 
safety zone must be established by May 6, 2018, and we lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing this rule. The NPRM process would delay the 
establishment of the safety zone until after the date of the cargo 
operation and compromise public safety.
    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 of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to protect the public and vessels 
from the potential safety hazards associated with the cargo movement 
operation.

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 Marine Safety Unit Pittsburgh (COTP) has 
determined that potential hazards associated with a cargo movement 
operation that will take place during the week of May 6, 2018 will be a 
safety concern for anyone within a half-mile stretch of the Ohio River. 
This rule is necessary to protect personnel, vessels, and the marine 
environment in the navigable waters before, during, and after the cargo 
movement.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. on May 6, 2018 
through 6 p.m. on May 11, 2018 for all navigable waters of the Ohio 
River from mile marker 27.8 to mile marker 28.2. Entry into this safety 
zone during the enforcement period is prohibited, unless authorized by 
the COTP or a designated representative. Subject to the cargo delivery 
intervals and potential inclement weather, the period of

[[Page 21713]]

enforcement will be 30 minutes prior to, during, and 1 hour after any 
cargo movement near the Vanport Highway Bridge. The Coast Guard was 
informed that the operation would take place during daylight hours only 
and last approximately 4 hours. A safety vessel will coordinate all 
vessel traffic during the enforcement period. The COTP or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), and/or Marine Safety 
Information Broadcasts (MSIBs), or through other means of public notice 
as appropriate at least 3 hours in advance of the enforcement period. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters during cargo movement 
operations. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of Marine Safety Unit Pittsburgh. They may be 
contacted on VHF-FM Channel 16 or 67. Persons and vessels permitted to 
enter this regulated area must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or the 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. This safety 
zone will be enforced for a period of four hours on one day on less 
than a half mile of the Ohio River. The Coast Guard will issue Local 
Notice to Mariners and Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the temporary safety zone. This rule also allows 
vessels to seek permission from the COTP or a designated representative 
to enter the safety 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 that prohibits entry on a half-mile stretch of the Ohio 
River for 4 hours on one day during the week from May 6, 2018 through 
May 11, 2018. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A

[[Page 21714]]

Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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

    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.T08-0422 to read as follows:


Sec.  165.T08-0422  Safety Zone; Ohio River mile marker 27.8 to mile 
marker 28.2, Vanport, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River from mile marker (MM) 27.8 to MM 28.2.
    (b) Effective period. This rule is effective from 8 a.m. on May 6, 
2018 through 6 p.m. on May 11, 2018.
    (c) Enforcement period. This section will be enforced during the 
week of May 6, 2018 through May 11, 2018 subject to cargo delivery 
intervals and potential inclement weather, 30 minutes prior to, during, 
and 1 hour after any cargo movement in the vicinity of the Vanport 
Highway Bridge. The Captain of the Port Marine Safety Unit Pittsburgh 
(COTP) or a designated representative will inform the public of the 
enforcement period through Broadcast Notice to Mariners (BNM), Local 
Notices to Mariners (LNM), and/or Marine Safety Information Broadcasts 
(MSIBs) or through other means of public notice at least 3 hours in 
advance of the enforcement period. A safety vessel will coordinate all 
vessel traffic during the enforcement of this safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the COTP or designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Pittsburgh.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: May 4, 2018.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-09920 Filed 5-9-18; 8:45 am]
 BILLING CODE 9110-04-P