83 FR 23226 - 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 97 (May 18, 2018)

Page Range		23226-23228
FR Document		2018-10625

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River from mile marker 27.8 to mile marker 28.2 near the Vanport Highway Bridge. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by two separately occurring cargo movements near the Vanport Highway Bridge in Vanport, PA. Entry of vessels or persons into the zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)

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


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0441]
RIN 1625-AA00


Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2, 
Vanport, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Ohio River from mile marker 27.8 to mile 
marker 28.2 near the Vanport Highway Bridge. This safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by two separately occurring cargo movements 
near the Vanport Highway Bridge in Vanport, PA. Entry of vessels or 
persons into the zone is prohibited unless authorized by the Captain of 
the Port Marine Safety Unit Pittsburgh or a designated representative.

DATES: This rule is effective without actual notice from May 18, 2018 
through 6 p.m. on May 27, 2018. For the purposes of enforcement, actual 
notice will be used from 8 a.m. on May 12, 2018 through May 18, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0441 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Jennifer Haggins, Marine Safety Unit 
Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 23227]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 8, 2018, Bechtel notified the Coast Guard that there will be 
two cargo movements in the vicinity of the Vanport Highway Bridge that 
could create potential hazards for the bridge's structural integrity 
over the next several weeks. The Coast Guard is issuing this temporary 
rule without prior notice and opportunity to comment pursuant to 
authority under section 4(a) of the Administrative Procedure Act (APA) 
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule 
without prior notice and opportunity to comment when the agency for 
good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(b)(3)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because it is impracticable. We did not receive notice of these 
cargo operations until May 8, 2018. The safety zone must be established 
by May 12, 2018, and we lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing this 
rule. The NPRM process would delay the establishment of the safety 
zones until after the dates of the cargo operations and compromise 
public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to protect the public and vessels from the potential 
safety hazards associated with the cargo movement operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has 
determined that potential hazards associated with two cargo movement 
operations that will take place between May 12, 2018 and May 27, 2018 
will be a safety concern for anyone within a half-mile stretch of the 
Ohio River. This rule is necessary to protect personnel, vessels, and 
the marine environment in the navigable waters before, during, and 
after the cargo movements.

IV. Discussion of the Rule

    This rule establishes a safety zone for all navigable waters of the 
Ohio River from mile marker 27.8 to mile marker 28.2. It is effective 
from 8 a.m. on May 12, 2018 through 6 p.m. on May 27, 2018. Entry into 
the safety zone during the enforcement period is prohibited unless 
authorized by the COTP or a designated representative. Subject to the 
cargo delivery intervals and potential inclement weather, the periods 
of enforcement will be 30 minutes prior to, during, and 1 hour after 
any cargo movement near the Vanport Highway Bridge. The Coast Guard was 
informed that the two cargo movement operations would take place during 
daylight hours only and last approximately 4 hours each. A safety 
vessel will coordinate all vessel traffic during the enforcement 
periods. The COTP or a designated representative will inform the public 
through Broadcast Notice to Mariners (BNM), Local Notices to Mariners 
(LNM), and/or Marine Safety Information Broadcasts (MSIBs), or through 
other means of public notice, as appropriate, at least 3 hours in 
advance of the enforcement periods. The duration of the zones is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters during cargo movement operations. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of Marine 
Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel 16 or 
67. Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zones. This safety 
zone will be enforced for a period of approximately four hours on two 
separate days between May 12, 2018 and May 27, 2018 on less than a half 
mile of the Ohio River. The Coast Guard will issue LNMs, BNMs, and 
MSIBs, about the temporary safety zone, and this rule allows vessels to 
seek permission from the COTP or a designated representative to enter 
the safety zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit 
these safety zones may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have

[[Page 23228]]

analyzed this rule under that Order and have determined that it is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that prohibits entry on a half-mile stretch of the Ohio 
River for 4 hours between May 12, 2018 and May 27, 2018. It is 
categorically excluded from further review under paragraph L60(d) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination 
will be made available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0441 to read as follows:


Sec.  165.T08-0441   Safety Zone; Ohio River mile marker 27.8 to mile 
marker 28.2, Vanport, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River from mile marker (MM) 27.8 to MM 28.2.
    (b) Effective period. This section is effective from 8 a.m. on May 
12, 2018 through 6 p.m. on May 27, 2018.
    (c) Enforcement period. Subject to cargo delivery intervals and 
potential inclement weather, this section will be enforced on two 
separate occasions during the effective period. Each will be 30 minutes 
prior to, during, and 1 hour after any cargo movement in the vicinity 
of the Vanport Highway Bridge. The Captain of the Port Marine Safety 
Unit Pittsburgh (COTP) or a designated representative will inform the 
public of the enforcement period through Broadcast Notice to Mariners 
(BNM), Local Notices to Mariners (LNM), and/or Marine Safety 
Information Broadcasts (MSIBs) or through other means of public notice 
at least 3 hours in advance of the enforcement period. A safety vessel 
will coordinate all vessel traffic during the enforcement of these 
safety zones.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into the zone is prohibited unless 
authorized by the COTP or designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Marine Safety Unit Pittsburgh.
    (2) Vessels requiring entry into the safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through LNMs, BNMs, or MSIBs as appropriate.

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

Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations 23227

I. Table of Abbreviations the Ohio River. This rule is necessary to alternatives and, if regulation is
CFR Code of Federal Regulations
protect personnel, vessels, and the necessary, to select regulatory
COTP Captain of the Port Marine Safety marine environment in the navigable approaches that maximize net benefits.
Unit Pittsburgh waters before, during, and after the Executive Order 13771 directs agencies
DHS Department of Homeland Security cargo movements. to control regulatory costs through a
FR Federal Register budgeting process. This rule has not
IV. Discussion of the Rule
MM Mile marker been designated a ‘‘significant
NPRM Notice of proposed rulemaking This rule establishes a safety zone for regulatory action,’’ under Executive
§ Section all navigable waters of the Ohio River Order 12866. Accordingly, this rule has
U.S.C. United States Code from mile marker 27.8 to mile marker not been reviewed by the Office of
II. Background Information and 28.2. It is effective from 8 a.m. on May Management and Budget (OMB), and
Regulatory History 12, 2018 through 6 p.m. on May 27, pursuant to OMB guidance it is exempt
2018. Entry into the safety zone during from the requirements of Executive
On May 8, 2018, Bechtel notified the the enforcement period is prohibited Order 13771.
Coast Guard that there will be two cargo unless authorized by the COTP or a This regulatory action determination
movements in the vicinity of the designated representative. Subject to the is based on the size, location, duration,
Vanport Highway Bridge that could cargo delivery intervals and potential and time-of-year of the safety zones.
create potential hazards for the bridge’s inclement weather, the periods of This safety zone will be enforced for a
structural integrity over the next several enforcement will be 30 minutes prior to, period of approximately four hours on
weeks. The Coast Guard is issuing this during, and 1 hour after any cargo two separate days between May 12,
temporary rule without prior notice and movement near the Vanport Highway 2018 and May 27, 2018 on less than a
opportunity to comment pursuant to Bridge. The Coast Guard was informed half mile of the Ohio River. The Coast
authority under section 4(a) of the that the two cargo movement operations Guard will issue LNMs, BNMs, and
Administrative Procedure Act (APA) (5 would take place during daylight hours MSIBs, about the temporary safety zone,
U.S.C. 553(b)). This provision only and last approximately 4 hours and this rule allows vessels to seek
authorizes an agency to issue a rule each. A safety vessel will coordinate all permission from the COTP or a
without prior notice and opportunity to vessel traffic during the enforcement designated representative to enter the
comment when the agency for good periods. The COTP or a designated safety zones.
cause finds that those procedures are representative will inform the public
‘‘impracticable, unnecessary, or contrary through Broadcast Notice to Mariners B. Impact on Small Entities
to the public interest.’’ Under 5 U.S.C. (BNM), Local Notices to Mariners The Regulatory Flexibility Act of
553(b)(3)(B), the Coast Guard finds that (LNM), and/or Marine Safety 1980, 5 U.S.C. 601–612, as amended,
good cause exists for not publishing a Information Broadcasts (MSIBs), or requires Federal agencies to consider
notice of proposed rulemaking (NPRM) through other means of public notice, as the potential impact of regulations on
with respect to this rule because it is appropriate, at least 3 hours in advance small entities during rulemaking. The
impracticable. We did not receive notice of the enforcement periods. The term ‘‘small entities’’ comprises small
of these cargo operations until May 8, duration of the zones is intended to businesses, not-for-profit organizations
2018. The safety zone must be protect personnel, vessels, and the that are independently owned and
established by May 12, 2018, and we marine environment in these navigable operated and are not dominant in their
lack sufficient time to provide a waters during cargo movement fields, and governmental jurisdictions
reasonable comment period and then operations. No vessel or person will be with populations of less than 50,000.
consider those comments before issuing permitted to enter the safety zone The Coast Guard certifies under 5 U.S.C.
this rule. The NPRM process would without obtaining permission from the 605(b) that this rule will not have a
delay the establishment of the safety COTP or a designated representative. A significant economic impact on a
zones until after the dates of the cargo designated representative is a substantial number of small entities.
operations and compromise public commissioned, warrant, or petty officer While some owners or operators of
safety. of the U.S. Coast Guard assigned to vessels intending to transit these safety
Under 5 U.S.C. 553(d)(3), the Coast units under the operational control of zones may be small entities, for the
Guard finds that good cause exists for Marine Safety Unit Pittsburgh. They reasons stated in section V.A above, this
making this rule effective less than 30 may be contacted on VHF–FM Channel rule will not have a significant
days after publication in the Federal 16 or 67. Persons and vessels permitted economic impact on any vessel owner
Register. Delaying the effective date of to enter this regulated area must transit or operator.
this rule would be contrary to the public at their slowest safe speed and comply
interest because immediate action is C. Collection of Information
with all lawful directions issued by the
needed to protect the public and vessels COTP or the designated representative. This rule will not call for a new
from the potential safety hazards collection of information under the
associated with the cargo movement V. Regulatory Analyses Paperwork Reduction Act of 1995 (44
operation. We developed this rule after U.S.C. 3501–3520).
considering numerous statutes and
III. Legal Authority and Need for Rule D. Federalism and Indian Tribal
Executive orders related to rulemaking.
The Coast Guard is issuing this rule Governments
Below we summarize our analyses
under authority in 33 U.S.C. 1231. The based on a number of these statutes and A rule has implications for federalism
sradovich on DSK3GMQ082PROD with RULES

Captain of the Port Marine Safety Unit Executive orders, and we discuss First under Executive Order 13132,
Pittsburgh (COTP) has determined that Amendment rights of protestors. Federalism, if it has a substantial direct
potential hazards associated with two effect on the States, on the relationship
cargo movement operations that will A. Regulatory Planning and Review between the national government and
take place between May 12, 2018 and Executive Orders 12866 and 13563 the States, or on the distribution of
May 27, 2018 will be a safety concern direct agencies to assess the costs and power and responsibilities among the
for anyone within a half-mile stretch of benefits of available regulatory various levels of government. We have

VerDate Sep<11>2014 15:59 May 17, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\18MYR1.SGM 18MYR1

Document Created: 2018-05-18 02:15:47
Document Modified: 2018-05-18 02:15:47

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 May 18, 2018 through 6 p.m. on May 27, 2018. For the purposes of enforcement, actual notice will be used from 8 a.m. on May 12, 2018 through May 18, 2018.
Contact		If you have questions on this rule, call or email Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email [email protected]
FR Citation		83 FR 23226
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 23226 - Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2, Vanport, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 97 (May 18, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard