83_FR_35698 83 FR 35553 - Safety Zone; Kanawha River, Nitro, WV

83 FR 35553 - Safety Zone; Kanawha River, Nitro, WV

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 145 (July 27, 2018)

Page Range35553-35555
FR Document2018-16064

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Kanawha River from mile marker 43.1 to mile marker 44.2. This temporary safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards associated with the Riverfest fireworks display. Entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley or a designated representative.

Federal Register, Volume 83 Issue 145 (Friday, July 27, 2018)
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35553-35555]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16064]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0686]
RIN 1625-AA00


Safety Zone; Kanawha River, Nitro, 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 Kanawha River from mile marker 43.1 to mile 
marker 44.2. This temporary safety zone is necessary to protect 
persons, vessels, and the marine environment from potential hazards 
associated with the Riverfest fireworks display. Entry into this safety 
zone is prohibited unless specifically authorized by the Captain of the 
Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 10:15 p.m. on 
August 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0686 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 
[email protected].

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)(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. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by August 4, 2018, and we lack sufficient time to provide 
reasonable comment period and then consider those comments before 
issuing the rule. The NPRM process would delay the establishment of the 
safety zone until after the date of the event 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 public interest 
because immediate action is necessary to protect persons, vessels, and 
the marine

[[Page 35554]]

environment from the potential hazards associated with the fireworks 
display.

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 a fireworks display taking place 
over this section of the Kanawha River will be a safety concern for 
anyone within a one-mile stretch of the waterway. This rule is needed 
to protect persons, vessels, and the marine environment in the 
navigable waters within the safety zone before, during, and after the 
scheduled fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone for the Riverfest 
fireworks display from 8:45 p.m. until 10:15 p.m. on August 4, 2018. 
The safety zone covers all navigable waters of the Kanawha River from 
mile marker (MM) 43.1 to MM 44.2, in Nitro, WV. The duration of this 
safety zone is intended to protect persons, vessels, and the marine 
environment in these navigable waters during the fireworks display.
    No vessel or person is permitted to enter this safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Ohio Valley. To seek permission to enter, contact the 
COTP or designated representative via radio on channel 16 or by 
telephone at 1-800-253-7465. If permission is granted, all persons and 
vessels shall transit at their slowest safe speed and comply with the 
instructions of the COTP or designated representative. The COTP or a 
designated representative will inform the public of any changes in the 
date and times of enforcement through Broadcast Notices to Mariners 
(BNMs), Local Notices to Mariners (LNMs), and/or Safety Marine 
Information Broadcasts (SMIBs), as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. This rule involves 
a temporary safety zone lasting only one hour and thirty minutes that 
will prohibit entry on a one-mile stretch of the Kanawha River on one 
evening. Moreover, the Coast Guard will issue a BNMs via VHF-FM marine 
channel 16 about the safety 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 with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant

[[Page 35555]]

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 lasting only 
one hour and thirty minutes that will prohibit entry on a one-mile 
stretch of the Kanawha River on one evening. 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 supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 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.T08-0686 to read as follows:


Sec.  165.T08-0686  Safety Zone; Kanawha River, Nitro, WV.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Kanawha River from mile marker (MM) 43.1 to MM 44.2.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 10:15 p.m. on August 4, 2018.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23 
of this part, entry into this zone is prohibited unless authorized by 
the Captain of the Port Sector Ohio Valley (COTP) or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Ohio Valley.
    (2) To seek permission to enter, contact the COTP or designated 
representative via radio on channel 16 or by telephone at 1-800-253-
7465.
    (3) If permission is granted, all persons and vessels shall transit 
at their slowest safe speed and comply with the instructions of the 
COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of any changes in the date and times of 
enforcement through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Safety Marine Information Broadcasts 
(SMIBs), as appropriate.

    Dated: July 18, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-16064 Filed 7-26-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations                                         35553

                                           will not result in such expenditure, we                  upriver of the Bienville Trace Scenic                 the Port Sector Ohio Valley or a
                                           do discuss the effects of this rule                      Byway/US–425 Bridge, Natchez, MS.                     designated representative.
                                           elsewhere in this preamble.                                 (b) Effective date. This section is                DATES: This rule is effective from 8:45
                                                                                                    effective from 9 p.m. through 10 p.m. on              p.m. through 10:15 p.m. on August 4,
                                           F. Environment
                                                                                                    July 27, 2018.                                        2018.
                                             We have analyzed this proposed rule                       (c) Regulations. (1) In accordance with
                                           under Department of Homeland                             the general regulations in § 165.23 of                ADDRESSES:   To view documents
                                           Security Management Directive 023–01                     this part, entry into this zone is                    mentioned in this preamble as being
                                           and Commandant Instruction                               prohibited unless specifically                        available in the docket, go to http://
                                           M16475.lD, which guide the Coast                         authorized by the Captain of the Port                 www.regulations.gov, type USCG–2018–
                                           Guard in complying with the National                     Sector Lower Mississippi River (COTP)                 0686 in the ‘‘SEARCH’’ box and click
                                           Environmental Policy Act of 1969 (42                     or a designated representative. A                     ‘‘SEARCH.’’ Click on Open Docket
                                           U.S.C. 4321–4370f), and have made a                      designated representative is a                        Folder on the line associated with this
                                           preliminary determination that this                      commissioned, warrant, or petty officer               rule.
                                           action is one of a category of actions that              of the U.S. Coast Guard assigned to                   FOR FURTHER INFORMATION CONTACT: If
                                           do not individually or cumulatively                      units under the operational control of                you have questions on this rule, call or
                                           have a significant effect on the human                   USCG Sector Lower Mississippi River.                  email Petty Officer Caitlin Furman,
                                           environment. This rule involves a safety                    (2) Persons or vessels seeking to enter            Marine Safety Unit Huntington, U.S.
                                           zone that will prohibit entry on a one-                  the safety zone must request permission               Coast Guard; telephone 304–733–0198,
                                           mile stretch of the Lower Mississippi                    from the COTP or a designated                         email caitlin.c.furman@uscg.mil.
                                           River for one hour on one evening. It is                 representative on VHF–FM channel 16                   SUPPLEMENTARY INFORMATION:
                                           categorically excluded from further                      or by telephone at 901–521–4822.
                                           review under paragraph L60(a) of                            (3) If permission is granted, all                  I. Table of Abbreviations
                                           Appendix A, Table 1 of DHS Instruction                   persons and vessels shall comply with                 CFR Code of Federal Regulations
                                           Manual 023–01–001–01, Rev. 01. A                         the instructions of the COTP or                       COTP Captain of the Port Sector Ohio
                                           Record of Environmental Consideration                    designated representative.                              Valley
                                           supporting this determination is                            (d) Information broadcasts. The COTP               DHS Department of Homeland Security
                                                                                                    or a designated representative will                   FR Federal Register
                                           available in the docket where indicated
                                                                                                    inform the public of the enforcement                  NPRM Notice of proposed rulemaking
                                           under ADDRESSES.                                                                                               § Section
                                                                                                    times and date for this safety zone                   U.S.C. United States Code
                                           G. Protest Activities                                    through Broadcast Notices to Mariners
                                             The Coast Guard respects the First                     (BNMs), Local Notices to Mariners                     II. Background Information and
                                           Amendment rights of protesters.                          (LNMs), and/or Marine Safety                          Regulatory History
                                           Protesters are asked to contact the                      Information Bulletins (MSIBs) as                         The Coast Guard is issuing this
                                           person listed in the FOR FURTHER                         appropriate.                                          temporary rule without prior notice and
                                           INFORMATION CONTACT section to                             Dated: July 20, 2018.                               opportunity to comment pursuant to
                                           coordinate protest activities so that your               R. Tamez,                                             authority under section 4(a) of the
                                           message can be received without                          Captain, U.S. Coast Guard, Captain of the             Administrative Procedure Act (APA) (5
                                           jeopardizing the safety or security of                   Port Sector Lower Mississippi River.                  U.S.C. 553(b)). This provision
                                           people, places, or vessels.                              [FR Doc. 2018–16076 Filed 7–26–18; 8:45 am]           authorizes an agency to issue a rule
                                           List of Subjects in 33 CFR Part 165                      BILLING CODE 9110–04–P                                without prior notice and opportunity to
                                                                                                                                                          comment when the agency for good
                                             Harbors, Marine safety, Navigation                                                                           cause finds that those procedures are
                                           (water), Reporting and recordkeeping                     DEPARTMENT OF HOMELAND                                ‘‘impracticable, unnecessary, or contrary
                                           requirements, Security measures,                         SECURITY                                              to the public interest.’’ Under 5 U.S.C.
                                           Waterways.                                                                                                     553(b)(3)(B), the Coast Guard finds that
                                             For the reasons discussed in the                       Coast Guard                                           good cause exists for not publishing a
                                           preamble, the Coast Guard amends 33                                                                            notice of proposed rulemaking (NPRM)
                                           CFR part 165 as follows:                                 33 CFR Part 165                                       with respect to this rule because it is
                                                                                                    [Docket Number USCG–2018–0686]                        impracticable. It is impracticable to
                                           PART 165—REGULATED NAVIGATION                                                                                  publish an NPRM because we must
                                           AREAS AND LIMITED ACCESS AREAS                           RIN 1625–AA00                                         establish this safety zone by August 4,
                                                                                                                                                          2018, and we lack sufficient time to
                                           ■ 1. The authority citation for part 165                 Safety Zone; Kanawha River, Nitro, WV                 provide reasonable comment period and
                                           continues to read as follows:                            AGENCY:    Coast Guard, DHS.                          then consider those comments before
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              ACTION:   Temporary final rule.                       issuing the rule. The NPRM process
                                           33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;                                                                      would delay the establishment of the
                                           Department of Homeland Security Delegation               SUMMARY:   The Coast Guard is                         safety zone until after the date of the
                                           No. 0170.1.                                              establishing a temporary safety zone for              event and compromise public safety.
                                           ■ 2. Add § 165.T08–0708 to read as                       all navigable waters of the Kanawha                      Under 5 U.S.C. 553(d)(3), the Coast
                                           follows:                                                 River from mile marker 43.1 to mile                   Guard finds that good cause exists for
                                                                                                    marker 44.2. This temporary safety zone               making this rule effective less than 30
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                                           § 165.T08–0708 Safety Zone; Lower                        is necessary to protect persons, vessels,             days after publication in the Federal
                                           Mississippi River, Natchez, LA.                          and the marine environment from                       Register. Delaying the effective date of
                                             (a) Location. The following area is a                  potential hazards associated with the                 this rule would be impracticable and
                                           safety zone: All navigable waters of the                 Riverfest fireworks display. Entry into               contrary to public interest because
                                           Lower Mississippi River from mile                        this safety zone is prohibited unless                 immediate action is necessary to protect
                                           marker 364.5 to mile marker 365.5,                       specifically authorized by the Captain of             persons, vessels, and the marine


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                                           35554                Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations

                                           environment from the potential hazards                   alternatives and, if regulation is                    Regulatory Fairness Boards. The
                                           associated with the fireworks display.                   necessary, to select regulatory                       Ombudsman evaluates these actions
                                                                                                    approaches that maximize net benefits.                annually and rates each agency’s
                                           III. Legal Authority and Need for Rule
                                                                                                    Executive Order 13771 directs agencies                responsiveness to small business. If you
                                              The Coast Guard is issuing this rule                  to control regulatory costs through a                 wish to comment on actions by
                                           under authority in 33 U.S.C. 1231. The                   budgeting process. This rule has not                  employees of the Coast Guard, call 1–
                                           Captain of the Port Sector Ohio Valley                   been designated a ‘‘significant                       888–REG–FAIR (1–888–734–3247). The
                                           (COTP) has determined that potential                     regulatory action,’’ under Executive                  Coast Guard will not retaliate against
                                           hazards associated with a fireworks                      Order 12866. Accordingly, this rule has               small entities that question or complain
                                           display taking place over this section of                not been reviewed by the Office of                    about this rule or any policy or action
                                           the Kanawha River will be a safety                       Management and Budget (OMB), and                      of the Coast Guard.
                                           concern for anyone within a one-mile                     pursuant to OMB guidance it is exempt
                                           stretch of the waterway. This rule is                    from the requirements of Executive                    C. Collection of Information
                                           needed to protect persons, vessels, and                  Order 13771.                                            This rule will not call for a new
                                           the marine environment in the                               This regulatory action determination               collection of information under the
                                           navigable waters within the safety zone                  is based on the size, location, and                   Paperwork Reduction Act of 1995 (44
                                           before, during, and after the scheduled                  duration of the temporary safety zone.                U.S.C. 3501–3520).
                                           fireworks display.                                       This rule involves a temporary safety
                                                                                                    zone lasting only one hour and thirty                 D. Federalism and Indian Tribal
                                           IV. Discussion of the Rule                               minutes that will prohibit entry on a                 Governments
                                             This rule establishes a temporary                      one-mile stretch of the Kanawha River                    A rule has implications for federalism
                                           safety zone for the Riverfest fireworks                  on one evening. Moreover, the Coast                   under Executive Order 13132,
                                           display from 8:45 p.m. until 10:15 p.m.                  Guard will issue a BNMs via VHF–FM                    Federalism, if it has a substantial direct
                                           on August 4, 2018. The safety zone                       marine channel 16 about the safety                    effect on the States, on the relationship
                                           covers all navigable waters of the                       zone, and the rule allows vessels to seek             between the national government and
                                           Kanawha River from mile marker (MM)                      permission to enter the zone.                         the States, or on the distribution of
                                           43.1 to MM 44.2, in Nitro, WV. The                                                                             power and responsibilities among the
                                                                                                    B. Impact on Small Entities
                                           duration of this safety zone is intended                                                                       various levels of government. We have
                                           to protect persons, vessels, and the                        The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                           marine environment in these navigable                    1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                           waters during the fireworks display.                     requires Federal agencies to consider                 with the fundamental federalism
                                             No vessel or person is permitted to                    the potential impact of regulations on                principles and preemption requirements
                                           enter this safety zone without obtaining                 small entities during rulemaking. The                 described in Executive Order 13132.
                                           permission from the COTP or a                            term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                           designated representative. A designated                  businesses, not-for-profit organizations              implications under Executive Order
                                           representative is a commissioned,                        that are independently owned and                      13175, Consultation and Coordination
                                           warrant, or petty officer of the U.S.                    operated and are not dominant in their                with Indian Tribal Governments,
                                           Coast Guard assigned to units under the                  fields, and governmental jurisdictions                because it does not have a substantial
                                           operational control of USCG Sector                       with populations of less than 50,000.                 direct effect on one or more Indian
                                           Ohio Valley. To seek permission to                       The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                           enter, contact the COTP or designated                    605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                           representative via radio on channel 16                   significant economic impact on a                      or on the distribution of power and
                                           or by telephone at 1–800–253–7465. If                    substantial number of small entities.                 responsibilities between the Federal
                                           permission is granted, all persons and                      While some owners or operators of                  Government and Indian tribes. If you
                                           vessels shall transit at their slowest safe              vessels intending to transit the                      believe this rule has implications for
                                           speed and comply with the instructions                   temporary safety zone may be small                    federalism or Indian tribes, please
                                           of the COTP or designated                                entities, for the reasons stated in section           contact the person listed in the FOR
                                           representative. The COTP or a                            V.A above, this rule will not have a                  FURTHER INFORMATION CONTACT section
                                           designated representative will inform                    significant economic impact on any                    above.
                                           the public of any changes in the date                    vessel owner or operator.
                                                                                                       Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                           and times of enforcement through
                                           Broadcast Notices to Mariners (BNMs),                    Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                           Local Notices to Mariners (LNMs), and/                   Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                           or Safety Marine Information Broadcasts                  we want to assist small entities in                   Federal agencies to assess the effects of
                                           (SMIBs), as appropriate.                                 understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                                                                    would affect your small business,                     particular, the Act addresses actions
                                           V. Regulatory Analyses                                   organization, or governmental                         that may result in the expenditure by a
                                             We developed this rule after                           jurisdiction and you have questions                   State, local, or tribal government, in the
                                           considering numerous statutes and                        concerning its provisions or options for              aggregate, or by the private sector of
                                           Executive orders related to rulemaking.                  compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                           Below we summarize our analyses                          listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                           based on a number of these statutes and                  CONTACT section.                                      will not result in such an expenditure,
                                           Executive orders, and we discuss First                      Small businesses may send comments                 we do discuss the effects of this rule
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                                           Amendment rights of protestors.                          on the actions of Federal employees                   elsewhere in this preamble.
                                                                                                    who enforce, or otherwise determine
                                           A. Regulatory Planning and Review                        compliance with, Federal regulations to               F. Environment
                                             Executive Orders 12866 and 13563                       the Small Business and Agriculture                      We have analyzed this rule under
                                           direct agencies to assess the costs and                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           benefits of available regulatory                         and the Regional Small Business                       Directive 023–01 and Commandant


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                                                                Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations                                       35555

                                           Instruction M16475.1D, which guide the                   representative is a commissioned,                     However, this deletion does not
                                           Coast Guard in complying with the                        warrant, or petty officer of the U.S.                 preclude future actions under
                                           National Environmental Policy Act of                     Coast Guard assigned to units under the               Superfund.
                                           1969 (42 U.S.C. 4321–4370f), and have                    operational control of USCG Sector                    DATES: This direct final deletion is
                                           determined that this action is one of a                  Ohio Valley.                                          effective September 10, 2018 unless
                                           category of actions that do not                            (2) To seek permission to enter,                    EPA receives adverse comments by
                                           individually or cumulatively have a                      contact the COTP or designated                        August 27, 2018. If adverse comments
                                           significant effect on the human                          representative via radio on channel 16                are received, EPA will publish a timely
                                           environment. This rule involves a safety                 or by telephone at 1–800–253–7465.                    withdrawal of the direct final deletion
                                           zone lasting only one hour and thirty                      (3) If permission is granted, all                   in the Federal Register informing the
                                           minutes that will prohibit entry on a                    persons and vessels shall transit at their            public that the deletion will not take
                                           one-mile stretch of the Kanawha River                    slowest safe speed and comply with the                effect.
                                           on one evening. It is categorically                      instructions of the COTP or designated
                                                                                                                                                          ADDRESSES: Submit your comments,
                                           excluded from further review under                       representative.
                                           paragraph L60(a) of Appendix A, Table                      (d) Information broadcasts. The COTP                identified by Docket ID no. EPA–HQ–
                                           1 of DHS Instruction Manual 023–01–                      or a designated representative will                   SFUND–2008–0084, by one of the
                                           001–01, Rev. 01. A Record of                             inform the public of any changes in the               following methods:
                                                                                                                                                             • http://www.regulations.gov. Follow
                                           Environmental Consideration                              date and times of enforcement through
                                                                                                                                                          on-line instructions for submitting
                                           supporting this determination is                         Broadcast Notices to Mariners (BNMs),
                                                                                                                                                          comments. Once submitted, comments
                                           available in the docket where indicated                  Local Notices to Mariners (LNMs), and/
                                                                                                                                                          cannot be edited or removed from
                                           under ADDRESSES.                                         or Safety Marine Information Broadcasts
                                                                                                                                                          Regulations.gov. The EPA may publish
                                                                                                    (SMIBs), as appropriate.
                                           G. Protest Activities                                                                                          any comment received to its public
                                                                                                      Dated: July 18, 2018.                               docket. Do not submit electronically any
                                             The Coast Guard respects the First
                                                                                                    M.B. Zamperini,                                       information you consider to be
                                           Amendment rights of protesters.
                                           Protesters are asked to contact the                      Captain, U.S. Coast Guard, Captain of the             Confidential Business Information (CBI)
                                                                                                    Port Sector Ohio Valley.                              or other information whose disclosure is
                                           person listed in the FOR FURTHER
                                           INFORMATION CONTACT section to                           [FR Doc. 2018–16064 Filed 7–26–18; 8:45 am]           restricted by statute. Multimedia
                                           coordinate protest activities so that your               BILLING CODE 9110–04–P                                submissions (audio, video, etc.) must be
                                           message can be received without                                                                                accompanied by a written comment.
                                           jeopardizing the safety or security of                                                                         The written comment is considered the
                                           people, places or vessels.                               ENVIRONMENTAL PROTECTION                              official comment and should include
                                                                                                    AGENCY                                                discussion of all points you wish to
                                           List of Subjects in 33 CFR Part 165                                                                            make. The EPA will generally not
                                             Harbors, Marine safety, Navigation                     40 CFR Part 300                                       consider comments or comment
                                           (water), Reporting and recordkeeping                                                                           contents located outside of the primary
                                                                                                    [EPA–HQ–SFUND–2008–0084; FRL–9981–
                                           requirements, Security measures,                         36—Region 6]                                          submission (i.e. on the web, cloud, or
                                           Waterways.                                                                                                     other file sharing system). For
                                             For the reasons discussed in the                       National Oil and Hazardous                            additional submission methods, the full
                                           preamble, the Coast Guard amends 33                      Substances Pollution Contingency                      EPA public comment policy,
                                           CFR part 165 as follows:                                 Plan; National Priorities List: Deletion              information about CBI or multimedia
                                                                                                    of the Old Esco Manufacturing                         submissions, and general guidance on
                                           PART 165—REGULATED NAVIGATION                            Superfund Site                                        making effective comments, please visit
                                           AREAS AND LIMITED ACCESS AREAS                                                                                 http://www2.epa.gov/dockets/
                                                                                                    AGENCY: Environmental Protection                      commenting-epa-dockets.
                                           ■ 1. The authority citation for part 165                 Agency (EPA).                                            • Email: mueller.brian@epa.gov.
                                           continues to read as follows:                            ACTION: Direct final rule.                               • Mail: Brian W. Mueller; U.S.
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    Environmental Protection Agency,
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                SUMMARY:    The Environmental Protection              Region 6; Superfund Division (6SF–RL);
                                           Department of Homeland Security Delegation               Agency (EPA) Region 6 is publishing a                 1445 Ross Avenue, Suite 1200, Dallas,
                                           No. 0170.1.                                              direct final Notice of Deletion of the Old            Texas 75202–2733.
                                           ■ 2. Add § 165.T08–0686 to read as
                                                                                                    Esco Manufacturing, Superfund Site                       • Hand delivery: U.S. Environmental
                                                                                                    (Site), located in Greenville, Texas, from            Protection Agency, Region 6, 1445 Ross
                                           follows:
                                                                                                    the National Priorities List (NPL). The               Avenue, Suite 700, Dallas, Texas 75202–
                                           § 165.T08–0686 Safety Zone; Kanawha                      NPL, promulgated pursuant to section                  2733; Contact: Brian W. Mueller (214)
                                           River, Nitro, WV.                                        105 of the Comprehensive                              665–7167. Such deliveries are only
                                             (a) Location. The following area is a                  Environmental Response,                               accepted during the Docket’s normal
                                           safety zone: All navigable waters of the                 Compensation, and Liability Act                       hours of operation, and special
                                           Kanawha River from mile marker (MM)                      (CERCLA) of 1980, as amended, is an                   arrangements should be made for
                                           43.1 to MM 44.2.                                         appendix of the National Oil and                      deliveries of boxed information.
                                              (b) Effective period. This section is                 Hazardous Substances Pollution                           Instructions: Direct your comments to
                                           effective from 8:45 p.m. through 10:15                   Contingency Plan (NCP). This direct                   Docket ID No. EPA–HQ–SFUND–2008–
                                           p.m. on August 4, 2018.                                  final deletion is being published by EPA              0084. The http://www.regulations.gov
amozie on DSK3GDR082PROD with RULES




                                              (c) Regulations. (1) Under the general                with the concurrence of the State of                  website is an ‘‘anonymous access’’
                                           regulations in § 165.23 of this part, entry              Texas, through the Texas Commission                   system, which means EPA will not
                                           into this zone is prohibited unless                      on Environmental Quality (TCEQ),                      know your identity or contact
                                           authorized by the Captain of the Port                    because EPA has determined that all                   information unless you provide it in the
                                           Sector Ohio Valley (COTP) or a                           appropriate response actions under                    body of your comment. If you send an
                                           designated representative. A designated                  CERCLA, have been completed.                          email comment directly to EPA without


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Document Created: 2018-07-27 04:04:56
Document Modified: 2018-07-27 04:04:56
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 from 8:45 p.m. through 10:15 p.m. on August 4, 2018.
ContactIf 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 [email protected]
FR Citation83 FR 35553 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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