[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23226-23228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10625]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0441]
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.

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

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. This safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by two separately occurring cargo movements 
near the Vanport Highway Bridge in Vanport, PA. Entry of vessels or 
persons into the 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 18, 2018 
through 6 p.m. on May 27, 2018. For the purposes of enforcement, actual 
notice will be used from 8 a.m. on May 12, 2018 through May 18, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0441 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: 

[[Page 23227]]

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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 8, 2018, Bechtel notified the Coast Guard that there will be 
two cargo movements in the vicinity of the Vanport Highway Bridge that 
could create potential hazards for the bridge's structural integrity 
over the next several weeks. 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 these 
cargo operations until May 8, 2018. The safety zone must be established 
by May 12, 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 
zones until after the dates of the cargo operations 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 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 two cargo movement 
operations that will take place between May 12, 2018 and May 27, 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 movements.

IV. Discussion of the Rule

    This rule establishes a safety zone for all navigable waters of the 
Ohio River from mile marker 27.8 to mile marker 28.2. It is effective 
from 8 a.m. on May 12, 2018 through 6 p.m. on May 27, 2018. Entry into 
the 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 periods 
of 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 two cargo movement operations would take place during 
daylight hours only and last approximately 4 hours each. A safety 
vessel will coordinate all vessel traffic during the enforcement 
periods. 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 periods. The duration of the zones 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 zones. This safety 
zone will be enforced for a period of approximately four hours on two 
separate days between May 12, 2018 and May 27, 2018 on less than a half 
mile of the Ohio River. The Coast Guard will issue LNMs, BNMs, and 
MSIBs, about the temporary safety zone, and this rule allows vessels to 
seek permission from the COTP or a designated representative to enter 
the safety zones.

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 
these safety zones 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.

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

[[Page 23228]]

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 between May 12, 2018 and May 27, 2018. It is 
categorically excluded from further review under paragraph L60(d) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination 
will be made 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.T08-0441 to read as follows:


Sec.  165.T08-0441   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 section is effective from 8 a.m. on May 
12, 2018 through 6 p.m. on May 27, 2018.
    (c) Enforcement period. Subject to cargo delivery intervals and 
potential inclement weather, this section will be enforced on two 
separate occasions during the effective period. Each will be 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 these 
safety zones.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into the 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 the 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 LNMs, BNMs, or MSIBs as appropriate.

    Dated: May 11, 2018
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-10625 Filed 5-17-18; 8:45 am]
 BILLING CODE 9110-04-P