83 FR 11644 - Safety Zone; Ohio River, Letart, WV

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range		11644-11645
FR Document		2018-05385

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River from mile marker (MM) 236 to MM 239. The safety zone is needed to provide for the safety of life and property due to severe out draft from high water that have rendered the Ohio River conditions to be hazardous to navigation. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or designated representative.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Rules and Regulations]
[Pages 11644-11645]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-05385]

[[Page 11644]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0075]
RIN 1625-AA00

Safety Zone; Ohio River, Letart, 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 marker (MM) 236 to MM
239. The safety zone is needed to provide for the safety of life and
property due to severe out draft from high water that have rendered the
Ohio River conditions to be hazardous to navigation. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Sector Ohio Valley (COTP) or designated
representative.

DATES: This rule is effective without actual notice from March 16, 2018
until March 30, 2018. For the purposes of enforcement, actual notice
will be used from February 23, 2018 until March 16, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0075 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 Caitlin Furman, Marine Safety Unit
Huntington, U.S. Coast Guard; telephone 304-733-0198, email STL-SMB-MSUHuntington-WWM@uscg.mil.

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 it is impracticable. On February 22,
2018, the United States Coast Guard was informed that the severe out
draft on the Ohio River by Racine Lock and Dam is expected to rise
significantly over the next couple of days and will continue to result
in hazardous river conditions near the Letart, WV area. This severe out
draft has resulted in commercial mariners not being able to maintain
safe control of their tow as they begin their northbound or southbound
approach into the Letart, WV area between mile marker (MM) 236 and MM
239 on the Ohio River. We must establish this safety zone by February
23, 2018 and lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing this 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. It would be contrary to the public
interest to delay this rule to provide a full 30 days' notice as the
hazardous river conditions are expected to take place daily from
February 23, 2018 through March 30, 2018.

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 current river conditions
starting immediately 24 hours daily from February 23, 2018 through
March 30, 2018, there will be a safety concern for anyone within mile
marker (MM) 236 to MM 239 on the Ohio River, near Letart, West
Virginia. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the power line crossing is being conducted.

IV. Discussion of the Rule

This rule establishes a safety zone for 24 hours daily on February
23, 2018 through March 30, 2018. The safety zone will cover all
navigable waters of the Ohio River from mile marker (MM) 236 to MM 239.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters while the power line
crossing is being conducted. 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 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 Sector Ohio Valley(COTP) in the enforcement of the safety zone.

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 around this safety zone which will
impact a small designated area of the Ohio River from mile marker (MM)
236 to MM 239 for twenty-four hours daily for 36 days 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

[[Page 11645]]

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 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, which guides 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 nine and a half hours that will prohibit entry within mile
marker (MM) 236 to MM 239 on the Ohio River. 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 Record of
Environmental Consideration (REC) 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

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.T08-0075 to read as follows:

Sec. 165.T08-0075 Safety zone; Ohio River, mile marker 236 to mile
marker 239, Letart, WV.

(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River from mile marker 236 to mile marker 239 near
Letart, West Virginia.
(b) Enforcement period. This section will be enforced 24 hours
daily from February 23, 2018 through March 30, 2018.
(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 Sector Ohio Valley (COTP) 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: February 22, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-05385 Filed 3-15-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations 11645

with populations of less than 50,000. direct effect on one or more Indian For the reasons discussed in the
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the preamble, the Coast Guard amends 33
605(b) that this rule will not have a Federal Government and Indian tribes, CFR part 165 as follows:
significant economic impact on a or on the distribution of power and
substantial number of small entities. responsibilities between the Federal PART 165—REGULATED NAVIGATION
While some owners or operators of Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS
vessels intending to transit the safety believe this rule has implications for
zone may be small entities, for the federalism or Indian tribes, please ■ 1. The authority citation for part 165
reasons stated in section V.A above, this contact the person listed in the FOR continues to read as follows:
rule will not have a significant FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
economic impact on any vessel owner above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
or operator. Department of Homeland Security Delegation
Under section 213(a) of the Small E. Unfunded Mandates Reform Act No. 0170.1.
Business Regulatory Enforcement
The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0075 to read as
Fairness Act of 1996 (Pub. L. 104–121),
of 1995 (2 U.S.C. 1531–1538) requires follows:
we want to assist small entities in
Federal agencies to assess the effects of
understanding this rule. If the rule § 165.T08–0075 Safety zone; Ohio River,
their discretionary regulatory actions. In
would affect your small business, mile marker 236 to mile marker 239, Letart,
particular, the Act addresses actions WV.
organization, or governmental
that may result in the expenditure by a
jurisdiction and you have questions (a) Location. The following area is a
State, local, or tribal government, in the
concerning its provisions or options for safety zone: All navigable waters of the
aggregate, or by the private sector of
compliance, please contact the person Ohio River from mile marker 236 to
$100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION mile marker 239 near Letart, West
more in any one year. Though this rule
CONTACT section. Virginia.
Small businesses may send comments will not result in such expenditure, we
do discuss the effects of this rule (b) Enforcement period. This section
on the actions of Federal employees will be enforced 24 hours daily from
who enforce, or otherwise determine elsewhere in this preamble.
February 23, 2018 through March 30,
compliance with, Federal regulations to F. Environment 2018.
the Small Business and Agriculture
We have analyzed this rule under (c) Definitions. As used in this
Regulatory Enforcement Ombudsman
Department of Homeland Security section, designated representative
and the Regional Small Business
Management Directive 023–01, which means a Coast Guard Patrol
Regulatory Fairness Boards. The
guides the Coast Guard in complying Commander, including a Coast Guard
Ombudsman evaluates these actions
with the National Environmental Policy coxswain, petty officer, or other officer
annually and rates each agency’s
Act of 1969 (42 U.S.C. 4321–4370f), and operating a Coast Guard vessel and a
responsiveness to small business. If you
have determined that this action is one Federal, State, and local officer
wish to comment on actions by
of a category of actions that do not designated by or assisting the Captain of
employees of the Coast Guard, call 1–
individually or cumulatively have a the Port Sector Ohio Valley (COTP) in
888–REG–FAIR (1–888–734–3247). The
significant effect on the human the enforcement of the safety zone.
Coast Guard will not retaliate against
small entities that question or complain environment. This rule involves a safety (d) Regulations. (1) Under the general
about this rule or any policy or action zone lasting only nine and a half hours safety zone regulations in subpart C of
of the Coast Guard. that will prohibit entry within mile this part, you may not enter the safety
marker (MM) 236 to MM 239 on the zone described in paragraph (a) of this
C. Collection of Information Ohio River. It is categorically excluded section unless authorized by the COTP
This rule will not call for a new from further review under paragraph or a designated representative.
collection of information under the L60(a) of Appendix A, Table 1 of DHS (2) To seek permission to enter,
Paperwork Reduction Act of 1995 (44 Instruction Manual 023–01–001–01, contact the COTP or designated
U.S.C. 3501–3520). Rev. 01. A Record of Environmental representative via radio on channel 16.
Consideration (REC) will be made (3) All persons and vessels shall
D. Federalism and Indian Tribal
available in the docket where indicated comply with the instruction of the
Governments
under ADDRESSES. COTP and designated on-scene
A rule has implications for federalism personnel.
under Executive Order 13132, G. Protest Activities (e) Information broadcasts. The COTP
Federalism, if it has a substantial direct or a designated representative will
effect on the States, on the relationship The Coast Guard respects the First
Amendment rights of protesters. inform the public through Broadcast
between the national government and Notices to Mariners, Local Notices to
the States, or on the distribution of Protesters are asked to contact the
person listed in the FOR FURTHER Mariners, and/or Safety Marine
power and responsibilities among the Information Broadcasts as appropriate of
INFORMATION CONTACT section to
various levels of government. We have the enforcement period for each safety
analyzed this rule under that Order and coordinate protest activities so that your
message can be received without zone as well as any changes in the
have determined that it is consistent planned and published dates and times
with the fundamental federalism jeopardizing the safety or security of
of enforcement.
jstallworth on DSKBBY8HB2PROD with RULES

principles and preemption requirements people, places or vessels.
described in Executive Order 13132. Dated: February 22, 2018.
List of Subjects in 33 CFR Part 165
Also, this rule does not have tribal M.B. Zamperini,
implications under Executive Order Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the
13175, Consultation and Coordination (water), Reporting and recordkeeping Port Sector Ohio Valley.
with Indian Tribal Governments, requirements, Security measures, [FR Doc. 2018–05385 Filed 3–15–18; 8:45 am]
because it does not have a substantial Waterways. BILLING CODE 9110–04–P

VerDate Sep<11>2014 14:39 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\16MRR1.SGM 16MRR1

Document Created: 2018-03-16 01:12:02
Document Modified: 2018-03-16 01:12:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from March 16, 2018 until March 30, 2018. For the purposes of enforcement, actual notice will be used from February 23, 2018 until March 16, 2018.
Contact		If you have questions on this rule, call or email Petty Officer Caitlin Furman, Marine Safety Unit Huntington, U.S. Coast Guard; telephone 304-733-0198, email STL-SMB- [email protected]
FR Citation		83 FR 11644
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 11644 - Safety Zone; Ohio River, Letart, WV

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 52 (March 16, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard