83 FR 43757 - Special Local Regulation; Ohio River, Owensboro, KY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 167 (August 28, 2018)
Coast Guard
Federal Register Volume 83, Issue 167 (August 28, 2018)
| Page Range | 43757-43760 | |
| FR Document | 2018-18625 |
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)] [Rules and Regulations] [Pages 43757-43760] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18625] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0548] RIN 1625-AA08 Special Local Regulation; Ohio River, Owensboro, KY AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker (MM) 754.0 to MM 760.0. This action is necessary to provide for the safety of persons, vessels, and the marine environment during the Owensboro Airshow. This rulemaking will prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. DATES: This rule is effective from noon through 4 p.m. on September 13, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0548 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 Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; [[Page 43758]] telephone 502-779-5348, email SECOHV-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The City of Owensboro notified the Coast Guard that it would be conducting an airshow practice over the Ohio River from mile marker (MM) 754.0 to MM 760.0 from noon to 4 p.m. on September 13, 2018. In response, on June 27, 2018 the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Ohio River, Owensboro, KY (83 FR 30089). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this airshow. During the comment period that ended July 27, 2018, we received no comments. 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 because immediate action is needed to respond to the potential safety hazards associated with the airshow practice. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with the airshow on September 13, 2018 will be a safety concern for anyone on a six-mile stretch of the Ohio River. The purpose of this rule is to ensure safety of persons, vessels, and the marine environment on the navigable waters in the regulated area before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published July 27, 2018. There are no changes in the regulatory text of this rule from the text proposed in the NPRM. This rule establishes a special local regulation from noon through 4 p.m. on September 13, 2018. The special local regulation area will cover all navigable waters of the Ohio River, extending the entire width of the river, between MM 754.0 and MM 760.0 in Owensboro, KY. The duration of the special local regulation is intended to ensure the safety of persons, vessels, and the marine environment on these navigable waters before, during, and after the Owensboro Airshow. No vessel or person will be permitted to enter the special local regulation area 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. They may be contacted on VHF-FM Channel 16 or by telephone at 1-800-253-7465. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The ``official patrol vessels'' consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. Spectator vessels desiring to transit the regulated area may do so only with prior approval of the PATCOM and, when so directed by that officer, will be operated at a minimum safe navigation speed in a manner which will not endanger any other vessels. No spectator vessel shall anchor, block, loiter, or impede the through transit of official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the airshow. The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the regulated area, citation for failure to comply, or both. The COTP or a designated representative may terminate the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative will terminate enforcement of the special local regulation at the conclusion of the airshow. The COTP or a designated representative will inform the public of the enforcement times and date for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as appropriate. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 13563 (``Improving Regulation and Regulatory Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'') directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a ``significant regulatory action,'' under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum ``Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs''' (April 5, 2017). This regulatory action determination is based on the size, location, duration, and time-of-day of the temporary special local regulation. This special local regulation restricts transit on a six-mile stretch of the Ohio River for four hours on one day. Moreover, the Coast Guard will issue BNMs, LNMs, and MSIBs about this special local regulation so that [[Page 43759]] waterway users may plan accordingly for this short restriction on transit. In addition, the rule allows vessels to request permission to enter the regulated area. 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 received no comments from the Small Business Administration on this rulemaking. 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 special local regulation 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 affects 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. 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 (DHS) 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 special local regulation that will prohibit entry on a six-mile stretch of the Ohio River for four hours on one day. It is categorically excluded from further review under paragraph L(61) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC) 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C 1233; 33 CFR 1.05-1. 0 2. Add Sec. 100.35T08-0548 to read as follows: Sec. 100.35T08-0548 Special Local Regulation; Ohio River, Owensboro, KY. (a) Location. The following area is a temporary special local regulation: All navigable waters of the Ohio River, extending the entire width of the river, between mile marker (MM) 754.0 and MM 760.0, Owensboro, KY. (b) Effective period. This section is effective from noon through 4 p.m. on September 13, 2018. (c) Special local regulations. (1) In accordance with the general regulations in Sec. 100.801 of this part, entry into this area 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. They may be contacted on VHF-FM Channel 16 or by telephone at 1-800-253-7465. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. (2) All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The ``official [[Page 43760]] patrol vessels'' consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the PATCOM and when so directed by that officer will be operated at a minimum safe navigation speed in a manner which will not endanger any other vessels. (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the airshow. (6) The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the regulated area, citation for failure to comply, or both. (7) The COTP or a designated representative may terminate the operation of any vessel at any time it is deemed necessary for the protection of life or property. (8) The COTP or a designated representative can terminate enforcement of the special local regulation at the conclusion of the airshow. (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as appropriate. Dated: August 23, 2018. M.B. Zamperini, Captain, U.S. Coast Guard Captain of the Port Sector Ohio Valley. [FR Doc. 2018-18625 Filed 8-27-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43757
the Federal Register. The FAA will air traffic service routes; and reporting 7400.11B’’ and adding, in their place,
periodically integrate all final rule points will be published in full text as the words ‘‘FAA Order 7400.11C.’’
amendments into a revised edition of final rules in the Federal Register.
the Order, and submit the revised Periodically, the final rule amendments § 71.71 [Amended]
edition to the Director of the Federal will be integrated into a revised edition ■ 10. Paragraphs (b), (c), (d), (e), and (f)
Register for approval for incorporation of the Order and submitted to the of section 71.71 are amended by
by reference in section 71.1. Director of the Federal Register for removing the words ‘‘FAA Order
approval for incorporation by reference 7400.11B’’ and adding, in their place,
Regulatory Notices and Analyses in this section. Copies of FAA Order the words ‘‘FAA Order 7400.11C.’’
The FAA has determined that this 7400.11C may be obtained from
action: (1) Is not a ‘‘significant Airspace Policy Group, Federal Aviation § 71.901 [Amended]
regulatory action’’ under Executive Administration, 800 Independence ■ 11. Paragraph (a) of section 71.901 is
Order 12866; (2) is not a ‘‘significant Avenue SW, Washington, DC 20591, amended by removing the words ‘‘FAA
rule’’ under DOT Regulatory Policies (202) 267–8783. An electronic version of Order 7400.11B’’ and adding, in their
and Procedures (44 FR 11034; February the Order is available on the FAA place, the words ‘‘FAA Order
26, 1979); and (3) does not warrant website at http://www.faa.gov/air_ 7400.11C.’’
preparation of a regulatory evaluation as traffic/publications. Copies of FAA Issued in Washington, DC, on August 21,
the anticipated impact is so minimal. Order 7400.11C may be inspected in 2018.
This action neither places any new Docket No. FAA–2018–0770; Rodger A Dean Jr.,
restrictions or requirements on the Amendment No. 71–50, on http://
Manager, Airspace Policy Group.
public, nor changes the dimensions or www.regulations.gov. A copy of FAA
[FR Doc. 2018–18507 Filed 8–27–18; 8:45 am]
operation requirements of the airspace Order 7400.11C may be inspected at the
listings incorporated by reference in BILLING CODE 4910–13–P
National Archives and Records
part 71. Administration (NARA). For
List of Subjects in 14 CFR Part 71 information on the availability of this
material at NARA, call (202) 741–6030, DEPARTMENT OF HOMELAND
Airspace, Incorporation by reference, or go to: http://www.archives.gov/ SECURITY
Navigation (air). federal-register/cfr/ibr-locations.html.
Coast Guard
Adoption of the Amendment § 71.5 [Amended]
In consideration of the foregoing, the ■ 3. Section 71.5 is amended by 33 CFR Part 100
Federal Aviation Administration removing the words ‘‘FAA Order [Docket Number USCG–2018–0548]
amends 14 CFR part 71 as follows: 7400.11B’’ and adding, in their place,
RIN 1625–AA08
the words ‘‘FAA Order 7400.11C.’’
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR § 71.15 [Amended] Special Local Regulation; Ohio River,
TRAFFIC SERVICE ROUTES; AND Owensboro, KY
■ 4. Section 71.15 is amended by
REPORTING POINTS removing the words ‘‘FAA Order AGENCY: Coast Guard, DHS.
■ 1. The authority citation for part 71 7400.11B’’ and adding, in their place, ACTION: Final rule.
continues to read as follows: the words ‘‘FAA Order 7400.11C.’’
SUMMARY: The Coast Guard is
Authority: 49 U.S.C. 106(f), 106(g); 40103, § 71.31 [Amended] establishing a temporary special local
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 5. Section 71.31 is amended by
■ regulation for all navigable waters of the
1959–1963 Comp., p. 389.
removing the words ‘‘FAA Order Ohio River, extending the entire width
■ 2. Section 71.1 is revised to read as 7400.11B’’ and adding, in their place, of the river, from mile marker (MM)
follows: the words ‘‘FAA Order 7400.11C.’’ 754.0 to MM 760.0. This action is
§ 71.1 Applicability.
necessary to provide for the safety of
§ 71.33 [Amended]
persons, vessels, and the marine
A listing for Class A, B, C, D, and E ■ 6. Paragraph (c) of section 71.33 is environment during the Owensboro
airspace areas; air traffic service routes; amended by removing the words ‘‘FAA Airshow. This rulemaking will prohibit
and reporting points can be found in Order 7400.11B’’ and adding, in their persons and vessels from being in the
FAA Order 7400.11C, Airspace place, the words ‘‘FAA Order regulated area unless authorized by the
Designations and Reporting Points, 7400.11C.’’ Captain of the Port Sector Ohio Valley
dated August 8, 2018. This or a designated representative.
incorporation by reference was § 71.41 [Amended]
DATES: This rule is effective from noon
approved by the Director of the Federal ■ 7. Section 71.41 is amended by
Register in accordance with 5 U.S.C. through 4 p.m. on September 13, 2018.
removing the words ‘‘FAA Order
552(a) and 1 CFR part 51. The approval ADDRESSES: To view documents
7400.11B’’ and adding, in their place,
to incorporate by reference FAA Order the words ‘‘FAA Order 7400.11C.’’ mentioned in this preamble as being
7400.11C is effective September 15, available in the docket, go to http://
2018, through September 15, 2019. § 71.51 [Amended] www.regulations.gov, type USCG–2018–
During the incorporation by reference ■ 8. Section 71.51 is amended by 0548 in the ‘‘SEARCH’’ box and click
period, proposed changes to the listings ‘‘SEARCH.’’ Click on Open Docket
daltland on DSKBBV9HB2PROD with RULES
removing the words ‘‘FAA Order
of Class A, B, C, D, and E airspace areas; 7400.11B’’ and adding, in their place, Folder on the line associated with this
air traffic service routes; and reporting the words ‘‘FAA Order 7400.11C.’’ rule.
points will be published in full text as FOR FURTHER INFORMATION CONTACT: If
proposed rule documents in the Federal § 71.61 [Amended] you have questions on this rule, call or
Register. Amendments to the listings of ■ 9. Section 71.61 is amended by email Petty Officer Riley Jackson, Sector
Class A, B, C, D, and E airspace areas; removing the words ‘‘FAA Order Ohio Valley, U.S. Coast Guard;
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![43760 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
patrol vessels’’ consist of any Coast DEPARTMENT OF HOMELAND includes vessels ranging from large
Guard, state, or local law enforcement SECURITY commercial ships and tug and tow
and sponsor provided vessels assigned vessels to recreational pleasure craft.
or approved by the COTP to patrol the Coast Guard Vessels able to pass under the bridge
regulated area. in the closed-to-navigation positions
33 CFR Part 117 may do so at any time. The bridge will
(3) Spectator vessels desiring to
[Docket No. USCG–2018–0799] not be able to open for emergencies, and
transit the regulated area may do so only
there is no immediate alternate route for
with prior approval of the PATCOM and
Drawbridge Operation Regulation; vessels to pass except for the fixed
when so directed by that officer will be height spans. The Coast Guard will also
Columbia River, Portland, OR and
operated at a minimum safe navigation inform the users of the waterways
Vancouver, WA
speed in a manner which will not through our Local and Broadcast
endanger any other vessels. AGENCY: Coast Guard, DHS. Notices to Mariners of the change in
(4) No spectator vessel shall anchor, ACTION:Notice of deviation from operating schedule for the bridge so that
block, loiter, or impede the through drawbridge regulation. vessels can arrange their transits to
transit of official patrol vessels in the minimize any impact caused by the
SUMMARY: The Coast Guard has issued a
regulated area during the effective dates temporary deviation.
temporary deviation from the operating
and times, unless cleared for entry by or In accordance with 33 CFR 117.35(e),
schedule that governs the Interstate 5 (I–
through an official patrol vessel. the drawbridge must return to its regular
5) Bridge, north bound, across the
operating schedule immediately at the
(5) Any spectator vessel may anchor Columbia River, mile 106.5, between
end of the effective period of this
outside the regulated area, but may not Portland, Oregon, and Vancouver,
temporary deviation. This deviation
anchor in, block, or loiter in a navigable Washington. The deviation is necessary
from the operating regulations is
channel. Spectator vessels may be to conduct gear alignment and bearing
authorized under 33 CFR 117.35.
moored to a waterfront facility within clearances. This deviation allows the
the regulated area in such a way that bridge to remain in the closed-to- Dated: August 22, 2018.
they shall not interfere with the progress navigation position during the event. Steven M. Fischer,
of the airshow. DATES: This deviation is effective from Bridge Administrator, Thirteenth Coast Guard
12:01 a.m. on September 10, 2018, to District.
(6) The COTP or a designated
11:59 p.m. on September 19, 2018. [FR Doc. 2018–18592 Filed 8–27–18; 8:45 am]
representative may forbid and control
ADDRESSES: The docket for this BILLING CODE 9110–04–P
the movement of all vessels in the
regulated area. When hailed or signaled deviation, USCG–2018–0799 is available
at http://www.regulations.gov. Type the
by an official patrol vessel, a vessel shall DEPARTMENT OF HOMELAND
docket number in the ‘‘SEARCH’’ box
come to an immediate stop and comply SECURITY
and click ‘‘SEARCH.’’ Click on Open
with the directions given. Failure to do
Docket Folder on the line associated Coast Guard
so may result in expulsion from the with this deviation.
regulated area, citation for failure to
FOR FURTHER INFORMATION CONTACT: If 33 CFR Part 165
comply, or both.
you have questions on this temporary
(7) The COTP or a designated deviation, call or email Mr. Steven
representative may terminate the [Docket Number USCG–2018–0810]
Fischer, Bridge Administrator,
operation of any vessel at any time it is Thirteenth Coast Guard District;
deemed necessary for the protection of telephone 206–220–7282, email d13-pf- RIN 1625–AA00
life or property. d13bridges@uscg.mil.
Safety Zone; Delaware River Fireworks
(8) The COTP or a designated SUPPLEMENTARY INFORMATION: Oregon
Display, Delaware River, Philadelphia,
representative can terminate Department of Transportation (bridge PA
enforcement of the special local owner) requested a temporary deviation
regulation at the conclusion of the from the operating schedule for the I–5 AGENCY: Coast Guard, DHS.
airshow. Bridge, north bound, mile 106.5, across ACTION: Temporary final rule.
the Columbia River between Vancouver,
(d) Information broadcasts. The COTP WA, and Portland, OR, to align lift span SUMMARY: The Coast Guard is
or a designated representative will operating rope drive gear and sheave establishing a temporary safety zone for
inform the public of the enforcement bearing clearances. The I–5 Bridge navigable waters of the Delaware River
times and date for this regulated area provides three designated navigation in the vicinity of Penn’s Landing,
through Broadcast Notices to Mariners channels with vertical clearances Philadelphia, PA, from 8:30 p.m.
(BNMs), Local Notices to Mariners ranging from 39 to 72 feet above through 9:30 p.m. on September 1, 2018,
(LNMs), and/or Marine Safety Columbia River Datum 0.0 while the lift during the Delaware River Waterfront
Information Broadcasts (MSIBs) as span is in the closed-to-navigation Corp Fireworks Display. The safety zone
appropriate. position. The normal operating schedule is necessary to ensure the safety of
Dated: August 23, 2018. for the I–5 Bridge is 33 CFR 117.869. participant vessels, spectators, and the
The deviation is effective from 12:01 boating public during the event. This
M.B. Zamperini,
a.m. on September 10, 2018 until 11:59 regulation prohibits persons and non-
daltland on DSKBBV9HB2PROD with RULES
Captain, U.S. Coast Guard Captain of the p.m. on September 19, 2018. The I–5 participant vessels from entering,
Port Sector Ohio Valley. Bridges (north bound) are to remain in transiting through, anchoring in or
[FR Doc. 2018–18625 Filed 8–27–18; 8:45 am] the closed to navigation position for the remaining within the safety zone unless
BILLING CODE 9110–04–P duration of the deviation, and need not authorized by the Captain of the Port
be raised upon signal. Waterway usage Delaware Bay or a designated
on this part of the Columbia River representative.
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Document Created: 2018-08-28 00:22:37
Document Modified: 2018-08-28 00:22:37
| 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 | Final rule. | |
| Dates | This rule is effective from noon through 4 p.m. on September 13, 2018. | |
| Contact | If you have questions on this rule, call or email Petty Officer Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5348, email [email protected] | |
| FR Citation | 83 FR 43757 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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