[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60337-60339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24411]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0530]
RIN 1625-AA00
Safety Zone; Ohio River, Miles 103.0 to 105.0, Moundsville, WV
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 103.0 to Mile 105.0.
This action is necessary to protect persons, vessels, and the marine
environment from potential hazards associated with power line work
across the river. Entry of persons or vessels 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 from November 11, 2019 through December
11, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0530 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 Trevor VanNatta, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; 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
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. This
safety zone must be established by November 11, 2019 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 power line work 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 this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with power line
work, which could pose a risk to the operation and waterways users if
the normal vessel traffic were to interfere with the work. Possible
hazards include risks of injury or death from near or actual contact
among working vessels and mariners traversing through the safety zone.
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 potential hazards
associated with power line pulls across the Ohio River will be a safety
hazard for anyone within a two mile stretch of the Ohio River. The rule
is needed to protect people from power line work which could pose a
risk to the operation and waterways users if the normal vessel traffic
were to interfere with the work. Possible hazards include risks of
injury or death from near or actual contact among working vessels and
mariners traversing through the safety zone.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
from 7 a.m. through 5:30 p.m. from November 11, 2019 through December
11, 2019. The safety zone will cover all navigable waters of the Ohio
River, from mile 103.0 to mile 105.0. The duration of the zone is
intended to protect persons, vessels, and the marine environment on
these navigable waters before, during, and after the power line pulls.
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 USCG Marine Safety Unit Pittsburgh. Persons and vessels seeking
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 by telephone at (412) 221-0807. Persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all lawful instructions of the COTP or a designated
representative. Breaks in the power line work will occur during the
enforcement periods, which will allow vessels to pass through the
safety zone. The COTP or a designated representative will inform the
public of the enforcement period for the safety zone as well as any
changes in the schedule through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), 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,
duration, and location of the safety zone. This rule will impact a two
mile stretch of the Ohio River from 7 a.m. through 5:30 p.m. daily from
November 11, 2019
[[Page 60338]]
through December 11, 2019. Breaks in the power line work will occur
during the enforcement periods, which will allow for vessels to pass
through the safety zone. Moreover, the Coast Guard will issue Local
Notices to Mariners (LNMs), Marine Safety Information Bulletins
(MSIBs), and BNMs via VHF-FM marine channel 16 about the zones and the
rule allows vessels to seek permission from the COTP or a designated
representative to enter the 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 the
temporary 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 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 temporary safety zone lasting ten and
a half hours on each day that will prohibit entry on a two mile stretch
of the Ohio River. 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.T08-0530 to read as follows:
Sec. 165.T08-0530 Safety Zone; Ohio River, miles 103.0 to 105.0,
Moundsville, WV.
(a) Location. The following area is a temporary safety zone: All
navigable waters of the Ohio River from mile 103.0 to mile 105.0.
(b) Effective period. This section is effective from November 11,
2019 through December 11, 2019.
(c) Enforcement period. This section will be enforced from 7 a.m.
through 5:30 p.m. daily. Breaks in the power line work will occur
during the enforcement periods, which will allow vessels to pass
through the safety zone. The Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative will provide notice of
breaks as appropriate under paragraph (e) of this section.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative. A
[[Page 60339]]
``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) Persons and vessels seeking 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 by telephone at (412) 221-
0807.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
instructions of the COTP or a designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement period for the
safety zone as well as any changes in the schedule through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 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. 2019-24411 Filed 11-7-19; 8:45 am]
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