[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28741-28742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12956]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0364]
RIN 1625-AA00


Safety Zone; Ohio River, Miles 90.8 to 91.4, Wheeling, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Ohio River from mile 90.8 to mile 91.4. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a land based fireworks 
display. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by Captain of the Port Marine Safety 
Unit Pittsburgh.

DATES: This rule is effective from 8:30 p.m. through 10:30 p.m. on July 
27, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0364 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 MST1 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
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 it is impracticable. It would be 
impracticable to complete the full NPRM process for this safety zone 
because we need to establish it by July 27, 2019 and lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine 
Safety Unit Pittsburgh (COTP) has determined that a safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created from a land based firework display.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 27, 2019, from 8:30 
p.m. through 10:30 p.m. The safety zone will cover all navigable waters 
on the Ohio River from mile 90.8 to mile 91.4. The duration of the 
safety zone is intended to protect personnel, vessels, and the marine 
environment from potential hazards created by a land based firework 
display.
    No vessel or person is 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 (USCG) assigned to units under the operational 
control of the COTP. To seek permission to enter, contact the COTP or a 
designated representative via VHF-FM channel 16, or through Marine 
Safety Unit Pittsburgh at 412-221-0807. Persons and vessels permitted 
to enter the safety zone must comply with all lawful orders or 
directions issued by the COTP or designated representative. 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.

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, and duration of the safety zone. This safety zone impacts a 
one half-mile stretch of the Ohio River for a limited duration of two 
hours. Vessel traffic will be informed about the safety zone through 
local notices to mariners. Moreover, the Coast Guard will issue LNMs, 
MSIBs, and BNMs via VHF-FM marine channel 16 about the zone and the 
rule allows vessels to seek permission to transit 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 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a

[[Page 28742]]

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 Environmental Planning COMDTINST 5090.1 (series), 
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 less than two 
hours that will prohibit entry on the Ohio River from mile 90.8 to mile 
91.4, during the land based firework event. It is categorically 
excluded from further review under paragraph L60(a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. 
A 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

    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:  46 U.S.C. 70034, 70051; 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.T08-0364 to read as follows:


Sec.  165.T08-0364  Safety Zone; Ohio River, Miles 90.8 to mile 91.4, 
Wheeling, WV.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River from mile 90.8 to mile 91.4.
    (b) Effective period. This section is effective from 8:30 p.m. 
through 10:30 p.m. on July 27, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry of persons and vessels into this zone is prohibited 
unless authorized by the Captain of the Port Marine Safety Unit 
Pittsburgh (COTP) or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the COTP or a designated 
representative. The COTP's representative may be contacted at 412-221-
0807.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or a designated representative. Designated COTP 
representatives include United States Coast Guard commissioned, 
warrant, and petty officer.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Local Notice to Mariners (LNMs), 
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2019-12956 Filed 6-19-19; 8:45 am]
 BILLING CODE 9110-04-P