83_FR_21803 83 FR 21712 - Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2, Vanport, PA

83 FR 21712 - Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2, Vanport, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 91 (May 10, 2018)

Page Range21712-21714
FR Document2018-09920

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.

Federal Register, Volume 83 Issue 91 (Thursday, May 10, 2018)
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21712-21714]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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 
Jennifer.L.Haggins@uscg.mil.

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



                                             21712               Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations

                                             ADDRESSES:   The docket for this                        DEPARTMENT OF HOMELAND                                Bridge could create potential hazards for
                                             deviation, USCG–2018–0289, is                           SECURITY                                              the bridge’s structural integrity. The
                                             available at http://www.regulations.gov.                                                                      Coast Guard is issuing this temporary
                                             Type the docket number in the                           Coast Guard                                           rule without prior notice and
                                             ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                                                                          opportunity to comment pursuant to
                                             Click on Open Docket Folder on the line                 33 CFR Part 165                                       authority under section 4(a) of the
                                             associated with this deviation.                         [Docket Number USCG–2018–0422]
                                                                                                                                                           Administrative Procedure Act (APA) (5
                                                                                                                                                           U.S.C. 553(b)). This provision
                                             FOR FURTHER INFORMATION CONTACT:     If                 RIN 1625–AA00                                         authorizes an agency to issue a rule
                                             you have questions on this temporary                                                                          without prior notice and opportunity to
                                             deviation, call or email Stephanie                      Safety Zone; Ohio River Mile Marker                   comment when the agency for good
                                             Lopez, Bridge Management Specialist,                    27.8 to Mile Marker 28.2, Vanport, PA                 cause finds that those procedures are
                                             First District Bridge Branch, U.S. Coast                AGENCY:    Coast Guard, DHS.                          ‘‘impracticable, unnecessary, or contrary
                                             Guard; telephone 212–514–4335, email                                                                          to the public interest.’’ Under 5 U.S.C.
                                                                                                     ACTION:   Temporary final rule.
                                             Stephanie.E.Lopez@uscg.mil.                                                                                   553(b)(3)(B), the Coast Guard finds that
                                                                                                     SUMMARY:   The Coast Guard is                         good cause exists for not publishing a
                                             SUPPLEMENTARY INFORMATION:             The                                                                    notice of proposed rulemaking (NPRM)
                                                                                                     establishing a temporary safety zone for
                                             Bridge owner, Nassau County                                                                                   with respect to this rule because it is
                                                                                                     all navigable waters of the Ohio River
                                             Department of Public Works, requested                   from mile marker 27.8 to mile marker                  impracticable. We did not receive notice
                                             this temporary deviation from the                       28.2 near the Vanport Highway Bridge.                 of this cargo operation until May 3,
                                             normal operating schedule to facilitate                 The safety zone is needed to protect                  2018. This safety zone must be
                                             the ‘‘Annual Fireworks Display.’’                       personnel, vessels, and the marine                    established by May 6, 2018, and we lack
                                                The Long Beach Bridge across                         environment from potential hazards                    sufficient time to provide a reasonable
                                             Reynolds Channel, mile 4.7, has a                       created by a cargo movement near the                  comment period and then consider
                                             vertical clearance of 20 feet at mean                   Vanport Highway Bridge in Vanport,                    those comments before issuing this rule.
                                             high water and 24 feet at mean low                      PA. Entry of vessels or persons into this             The NPRM process would delay the
                                                                                                     zone is prohibited unless authorized by               establishment of the safety zone until
                                             water in the closed position. The
                                                                                                     the Captain of the Port Marine Safety                 after the date of the cargo operation and
                                             existing drawbridge operating regulation
                                                                                                     Unit Pittsburgh or a designated                       compromise public safety.
                                             is listed at 33 CFR 117.799(g).                                                                                  Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                     representative.
                                                The temporary deviation will allow                                                                         Guard finds that good cause exists for
                                             the Long Beach Bridge to remain closed                  DATES: This rule is effective without                 making this rule effective less than 30
                                             for one hour from 9:30 p.m. to 10:30                    actual notice from May 10, 2018 until 6               days after publication in the Federal
                                             p.m. on July 6, 2018. Reynolds Channel                  p.m. on May 11, 2018. For the purposes                Register. Delaying the effective date of
                                             is transited by seasonal recreational                   of enforcement, actual notice will be                 this rule would be impracticable and
                                             vessels and commercial vessels.                         used from 8 a.m. on May 6, 2018 until                 contrary to the public interest because
                                                                                                     May 10, 2018.                                         immediate action is needed to protect
                                             Coordination with Coast Guard Sector
                                             Long Island Sound has indicated no                      ADDRESSES: To view documents                          the public and vessels from the
                                             mariner objections to the proposed                      mentioned in this preamble as being                   potential safety hazards associated with
                                             short-term closure of the draw.                         available in the docket, go to http://                the cargo movement operation.
                                                                                                     www.regulations.gov, type USCG–2018–
                                                Vessels that can pass under the bridge                                                                     III. Legal Authority and Need for Rule
                                                                                                     0422 in the ‘‘SEARCH’’ box and click
                                             without an opening may do so at all                     ‘‘SEARCH.’’ Click on Open Docket                         The Coast Guard is issuing this rule
                                             times. The bridge will be able to open                  Folder on the line associated with this               under authority in 33 U.S.C. 1231. The
                                             for emergencies. There is no alternate                  rule.                                                 Captain of the Port Marine Safety Unit
                                             route for vessels to pass. The Coast                    FOR FURTHER INFORMATION CONTACT: If                   Pittsburgh (COTP) has determined that
                                             Guard will also inform the users of the                 you have questions on this rule, call or              potential hazards associated with a
                                             waterways through our Local and                         email Petty Officer Jennifer Haggins,                 cargo movement operation that will take
                                             Broadcast Notices to Mariners of the                    Marine Safety Unit Pittsburgh, U.S.                   place during the week of May 6, 2018
                                             change in operating schedule for the                    Coast Guard, at telephone 412–221–                    will be a safety concern for anyone
                                             bridge so that vessel operators can                     0807, email Jennifer.L.Haggins@                       within a half-mile stretch of the Ohio
                                             arrange their transits to minimize any                  uscg.mil.                                             River. This rule is necessary to protect
                                             impact caused by the temporary                                                                                personnel, vessels, and the marine
                                                                                                     SUPPLEMENTARY INFORMATION:                            environment in the navigable waters
                                             deviation.
                                                                                                     I. Table of Abbreviations                             before, during, and after the cargo
                                                In accordance with 33 CFR 117.35(e),                                                                       movement.
                                             the drawbridge must return to its regular               CFR Code of Federal Regulations
                                             operating schedule immediately at the                   COTP Captain of the Port Marine Safety                IV. Discussion of the Rule
                                             end of the effective period of this                       Unit Pittsburgh                                        This rule establishes a safety zone
                                                                                                     DHS Department of Homeland Security
                                             temporary deviation. This deviation                     FR Federal Register
                                                                                                                                                           from 8 a.m. on May 6, 2018 through 6
                                             from the operating regulations is                       NPRM Notice of proposed rulemaking                    p.m. on May 11, 2018 for all navigable
                                             authorized under 33 CFR 117.35.                         § Section                                             waters of the Ohio River from mile
                                                                                                                                                           marker 27.8 to mile marker 28.2. Entry
daltland on DSKBBV9HB2PROD with RULES




                                               Dated: May 4, 2018.                                   U.S.C. United States Code
                                                                                                                                                           into this safety zone during the
                                             Christopher J. Bisignano,                               II. Background Information and                        enforcement period is prohibited, unless
                                             Supervisory Bridge Management Specialist,               Regulatory History                                    authorized by the COTP or a designated
                                             First Coast Guard District.                               On May 3, 2018, Bechtel notified the                representative. Subject to the cargo
                                             [FR Doc. 2018–09942 Filed 5–9–18; 8:45 am]              Coast Guard that a cargo movement in                  delivery intervals and potential
                                             BILLING CODE 9110–04–P                                  the vicinity of the Vanport Highway                   inclement weather, the period of


                                        VerDate Sep<11>2014   15:51 May 09, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\10MYR1.SGM   10MYR1


                                                                 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations                                         21713

                                             enforcement will be 30 minutes prior to,                a half mile of the Ohio River. The Coast              D. Federalism and Indian Tribal
                                             during, and 1 hour after any cargo                      Guard will issue Local Notice to                      Governments
                                             movement near the Vanport Highway                       Mariners and Broadcast Notice to                         A rule has implications for federalism
                                             Bridge. The Coast Guard was informed                    Mariners via VHF–FM marine channel                    under Executive Order 13132,
                                             that the operation would take place                     16 about the temporary safety zone. This              Federalism, if it has a substantial direct
                                             during daylight hours only and last                     rule also allows vessels to seek
                                                                                                                                                           effect on the States, on the relationship
                                             approximately 4 hours. A safety vessel                  permission from the COTP or a
                                                                                                                                                           between the national government and
                                             will coordinate all vessel traffic during               designated representative to enter the
                                                                                                                                                           the States, or on the distribution of
                                             the enforcement period. The COTP or a                   safety zone.
                                                                                                                                                           power and responsibilities among the
                                             designated representative will inform
                                                                                                     B. Impact on Small Entities                           various levels of government. We have
                                             the public through Broadcast Notice to
                                                                                                        The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             Mariners (BNM), Local Notices to
                                                                                                     1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             Mariners (LNM), and/or Marine Safety
                                                                                                     requires Federal agencies to consider                 with the fundamental federalism
                                             Information Broadcasts (MSIBs), or
                                                                                                     the potential impact of regulations on                principles and preemption requirements
                                             through other means of public notice as
                                                                                                     small entities during rulemaking. The                 described in Executive Order 13132.
                                             appropriate at least 3 hours in advance
                                             of the enforcement period. The duration                 term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             of the zone is intended to protect                      businesses, not-for-profit organizations              implications under Executive Order
                                             personnel, vessels, and the marine                      that are independently owned and                      13175, Consultation and Coordination
                                             environment in these navigable waters                   operated and are not dominant in their                with Indian Tribal Governments,
                                             during cargo movement operations. No                    fields, and governmental jurisdictions                because it does not have a substantial
                                             vessel or person will be permitted to                   with populations of less than 50,000.                 direct effect on one or more Indian
                                             enter the safety zone without obtaining                 The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             permission from the COTP or a                           605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             designated representative. A designated                 significant economic impact on a                      or on the distribution of power and
                                             representative is a commissioned,                       substantial number of small entities.                 responsibilities between the Federal
                                             warrant, or petty officer of the U.S.                      While some owners or operators of                  Government and Indian tribes. If you
                                             Coast Guard assigned to units under the                 vessels intending to transit the safety               believe this rule has implications for
                                             operational control of Marine Safety                    zone may be small entities, for the                   federalism or Indian tribes, please
                                             Unit Pittsburgh. They may be contacted                  reasons stated in section V.A above, this             contact the person listed in the FOR
                                             on VHF–FM Channel 16 or 67. Persons                     rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             and vessels permitted to enter this                     economic impact on any vessel owner                   above.
                                             regulated area must transit at their                    or operator.                                          E. Unfunded Mandates Reform Act
                                             slowest safe speed and comply with all                     Under section 213(a) of the Small
                                             lawful directions issued by the COTP or                 Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             the designated representative.                          Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     we want to assist small entities in                   Federal agencies to assess the effects of
                                             V. Regulatory Analyses                                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                               We developed this rule after                          would affect your small business,                     particular, the Act addresses actions
                                             considering numerous statutes and                       organization, or governmental                         that may result in the expenditure by a
                                             Executive orders related to rulemaking.                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                             Below we summarize our analyses                         concerning its provisions or options for              aggregate, or by the private sector of
                                             based on a number of these statutes and                 compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             Executive orders, and we discuss First                  listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             Amendment rights of protestors.                         CONTACT section.                                      will not result in such an expenditure,
                                                                                                        Small businesses may send comments                 we do discuss the effects of this rule
                                             A. Regulatory Planning and Review                       on the actions of Federal employees                   elsewhere in this preamble.
                                                Executive Orders 12866 and 13563                     who enforce, or otherwise determine                   F. Environment
                                             direct agencies to assess the costs and                 compliance with, Federal regulations to
                                             benefits of available regulatory                        the Small Business and Agriculture                       We have analyzed this rule under
                                             alternatives and, if regulation is                      Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             necessary, to select regulatory                         and the Regional Small Business                       Directive 023–01 and Commandant
                                             approaches that maximize net benefits.                  Regulatory Fairness Boards. The                       Instruction M16475.1D, which guide the
                                             Executive Order 13771 directs agencies                  Ombudsman evaluates these actions                     Coast Guard in complying with the
                                             to control regulatory costs through a                   annually and rates each agency’s                      National Environmental Policy Act of
                                             budgeting process. This rule has not                    responsiveness to small business. If you              1969 (42 U.S.C. 4321–4370f), and have
                                             been designated a ‘‘significant                         wish to comment on actions by                         determined that this action is one of a
                                             regulatory action,’’ under Executive                    employees of the Coast Guard, call 1–                 category of actions that do not
                                             Order 12866. Accordingly, this rule has                 888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                             not been reviewed by the Office of                      Coast Guard will not retaliate against                significant effect on the human
                                             Management and Budget (OMB), and                        small entities that question or complain              environment. This rule involves a safety
                                             pursuant to OMB guidance it is exempt                   about this rule or any policy or action               zone that prohibits entry on a half-mile
                                                                                                                                                           stretch of the Ohio River for 4 hours on
daltland on DSKBBV9HB2PROD with RULES




                                             from the requirements of Executive                      of the Coast Guard.
                                             Order 13771.                                                                                                  one day during the week from May 6,
                                                This regulatory action determination                 C. Collection of Information                          2018 through May 11, 2018. It is
                                             is based on the size, location, duration,                 This rule will not call for a new                   categorically excluded from further
                                             and time-of-year of the safety zone. This               collection of information under the                   review under paragraph L60(a) of
                                             safety zone will be enforced for a period               Paperwork Reduction Act of 1995 (44                   Appendix A, Table 1 of DHS Instruction
                                             of four hours on one day on less than                   U.S.C. 3501–3520).                                    Manual 023–01–001–01, Rev. 01. A


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                                             21714               Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations

                                             Record of Environmental Consideration                   entry into this zone is prohibited unless             0400 in the ‘‘SEARCH’’ box and click
                                             supporting this determination is                        authorized by the COTP or designated                  ‘‘SEARCH.’’ Click on Open Docket
                                             available in the docket where indicated                 representative. A designated                          Folder on the line associated with this
                                             under ADDRESSES.                                        representative is a commissioned,                     rule.
                                                                                                     warrant, or petty officer of the U.S.                 FOR FURTHER INFORMATION CONTACT: If
                                             G. Protest Activities
                                                                                                     Coast Guard assigned to units under the               you have questions on this temporary
                                               The Coast Guard respects the First                    operational control of USCG Marine                    rule, call or email Tracy Girard,
                                             Amendment rights of protesters.                         Safety Unit Pittsburgh.                               Prevention Department, Sector Detroit,
                                             Protesters are asked to contact the                        (2) Vessels requiring entry into this              Coast Guard; telephone 313–568–9564,
                                             person listed in the FOR FURTHER                        safety zone must request permission                   or email Tracy.M.Girard@uscg.mil.
                                             INFORMATION CONTACT section to                          from the COTP or a designated                         SUPPLEMENTARY INFORMATION:
                                             coordinate protest activities so that your              representative. They may be contacted
                                             message can be received without                         on VHF–FM Channel 16 or 67.                           I. Table of Abbreviations
                                             jeopardizing the safety or security of                     (3) All persons and vessels permitted              CFR Code of Federal Regulations
                                             people, places or vessels.                              to enter this safety zone must transit at             COTP Captain of the Port Detroit
                                                                                                     the slowest safe speed and comply with                DHS Department of Homeland Security
                                             List of Subjects in 33 CFR Part 165
                                                                                                     all lawful directions issued by the COTP              FR Federal Register
                                               Marine safety, Navigation (water),                    or the designated representative.                     NPRM Notice of Proposed Rulemaking
                                             Reporting and recordkeeping                                (e) Informational broadcasts. The                  § Section
                                             requirements, Security measures,                        COTP or a designated representative                   U.S.C. United States Code
                                             Waterways.                                              will inform the public of the effective               II. Background Information and
                                               For the reasons discussed in the                      period for the safety zone as well as any             Regulatory History
                                             preamble, the Coast Guard amends 33                     changes in the dates and times of
                                             CFR part 165 as follows:                                enforcement through Local Notice to                      The Coast Guard is issuing this
                                                                                                     Mariners (LNMs), Broadcast Notices to                 temporary rule without prior notice and
                                             PART 165—REGULATED NAVIGATION                           Mariners (BNMs), and/or Marine Safety                 opportunity to comment pursuant to
                                             AREAS AND LIMITED ACCESS AREAS                          Information Bulletins (MSIBs) as                      authority under section 4(a) of the
                                                                                                     appropriate.                                          Administrative Procedure Act (APA) (5
                                             ■ 1. The authority citation for part 165                                                                      U.S.C. 553(b)). This provision
                                                                                                       Dated: May 4, 2018.
                                             continues to read as follows:                                                                                 authorizes an agency to issue a rule
                                                                                                     L. Mcclain, Jr.,                                      without prior notice and opportunity to
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                     Commander, U.S. Coast Guard, Captain of               comment when the agency for good
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     the Port Marine Safety Unit Pittsburgh.               cause finds that those procedures are
                                             Department of Homeland Security Delegation
                                             No. 0170.1.                                             [FR Doc. 2018–09920 Filed 5–9–18; 8:45 am]            ‘‘impracticable, unnecessary, or contrary
                                             ■ 2. Add § 165.T08–0422 to read as                      BILLING CODE 9110–04–P                                to the public interest.’’ Under 5 U.S.C.
                                             follows:                                                                                                      553(b)(B), the Coast Guard finds that
                                                                                                                                                           good cause exists for not publishing a
                                             § 165.T08–0422 Safety Zone; Ohio River                  DEPARTMENT OF HOMELAND                                notice of proposed rulemaking (NPRM)
                                             mile marker 27.8 to mile marker 28.2,                   SECURITY                                              with respect to this rule because doing
                                             Vanport, PA.                                                                                                  so would be impracticable. The Coast
                                                (a) Location. The following area is a                Coast Guard
                                                                                                                                                           Guard did not receive the final details
                                             safety zone: All navigable waters of the                                                                      of this fireworks display in time to
                                             Ohio River from mile marker (MM) 27.8                   33 CFR Part 165
                                                                                                                                                           publish an NPRM. As such, it is
                                             to MM 28.2.                                             [Docket No. USCG–2018–0400]                           impracticable to publish an NPRM
                                                (b) Effective period. This rule is                                                                         because we lack sufficient time to
                                             effective from 8 a.m. on May 6, 2018                    RIN 1625–AA00
                                                                                                                                                           provide a reasonable comment period
                                             through 6 p.m. on May 11, 2018.                         Safety Zone; Grosse Pointe Farms                      and then consider those comments
                                                (c) Enforcement period. This section                                                                       before issuing the rule.
                                                                                                     Fireworks, Lake St. Clair, Grosse
                                             will be enforced during the week of May
                                                                                                     Pointe Farms, MI                                      III. Legal Authority and Need for Rule
                                             6, 2018 through May 11, 2018 subject to
                                             cargo delivery intervals and potential                  AGENCY:  Coast Guard, DHS.                               The Coast Guard is issuing this rule
                                             inclement weather, 30 minutes prior to,                 ACTION: Temporary final rule.                         under authority in 33 U.S.C. 1231. The
                                             during, and 1 hour after any cargo                                                                            Captain of the Port Detroit (COTP) has
                                             movement in the vicinity of the Vanport                 SUMMARY:    The Coast Guard is                        determined that potential hazard
                                             Highway Bridge. The Captain of the Port                 establishing a temporary safety zone for              associated with fireworks from 10 p.m.
                                             Marine Safety Unit Pittsburgh (COTP) or                 navigable waters within a 560-foot                    on June 30, 2018 through 11 p.m. on
                                             a designated representative will inform                 radius of a portion of Lake St. Clair,                July 1, 2018 will be a safety concern to
                                             the public of the enforcement period                    Grosse Pointe Farms, MI. This zone is                 anyone within a 560-foot radius of the
                                             through Broadcast Notice to Mariners                    necessary to protect spectators and                   launch site. This rule is needed to
                                             (BNM), Local Notices to Mariners                        vessels from potential hazards                        protect personnel, vessels, and the
                                             (LNM), and/or Marine Safety                             associated with the Grosse Pointe Farms               marine environment in the navigable
                                             Information Broadcasts (MSIBs) or                       Fireworks.                                            waters within the safety zone while the
                                             through other means of public notice at                 DATES: This temporary final rule is
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           fireworks are being displayed.
                                             least 3 hours in advance of the                         effective from 10 p.m. on June 30, 2018
                                             enforcement period. A safety vessel will                through 11 p.m. on July 1, 2018.                      IV. Discussion of the Rule
                                             coordinate all vessel traffic during the                ADDRESSES: To view documents                             This rule establishes a safety zone
                                             enforcement of this safety zone.                        mentioned in this preamble as being                   from 10 p.m. on June 30, 2018 through
                                                (d) Regulations. (1) In accordance                   available in the docket, go to http://                11 p.m. on July 1, 2018. The safety zone
                                             with the general regulations in § 165.23,               www.regulations.gov, type USCG–2018–                  will encompass all U.S. navigable


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Document Created: 2018-11-02 09:47:33
Document Modified: 2018-11-02 09:47:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis 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.
ContactIf 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]
FR Citation83 FR 21712 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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