83_FR_58970 83 FR 58745 - Safety Zone; Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania

83 FR 58745 - Safety Zone; Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 225 (November 21, 2018)

Page Range58745-58747
FR Document2018-25379

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River from mile 28.0 to mile 29.2. This action is necessary to protect persons, vessels, and the marine environment from potential hazards associated with power line work across the river. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

Federal Register, Volume 83 Issue 225 (Wednesday, November 21, 2018)
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Rules and Regulations]
[Pages 58745-58747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25379]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0653]
RIN 1625-AA00


Safety Zone; Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania

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 28.0 to mile 29.2. 
This action is necessary to protect persons, vessels, and the marine 
environment from potential hazards associated with power line work 
across the river. Entry of persons or vessels into this zone is 
prohibited unless authorized by the Captain of the Port Marine Safety 
Unit Pittsburgh or a designated representative.

DATES: This rule is effective without actual notice from November 21, 
2018 through December 31, 2018. For the purposes of enforcement, actual 
notice will be used from 6 a.m. on November 16, 2018 through November 
21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0653 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; telephone 412-221-0807, email 
Jennifer.L.Haggins@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    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. This 
safety zone must be established by November 16, 2018 and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the safety zone until after the date 
of the power line pulls and compromise public safety.

[[Page 58746]]

    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 this rule would be 
contrary to the public interest because immediate action is necessary 
to respond to the potential safety hazards associated with power line 
work, which could pose a risk to the operation and waterways users if 
the normal vessel traffic were to interfere with the work. Possible 
hazards include risks of injury or death from near or actual contact 
among working vessels and mariners traversing through the safety zone.

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 power line pulls 
across the Ohio River will be a safety hazard for anyone within a 1.2 
mile stretch of the Ohio River. The rule is needed to protect people 
from power line work which could pose a risk to the operation and 
waterways users if the normal vessel traffic were to interfere with the 
work. Possible hazards include risks of injury or death from near or 
actual contact among working vessels and mariners traversing through 
the safety zone.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 6 a.m. through 8 
p.m. on November 16, 2018 through December 31, 2018. The safety zone 
will cover all navigable waters of the Ohio River, from mile 28.0 to 
mile 29.2. The duration of the zone is intended to protect persons, 
vessels, and the marine environment on these navigable waters before, 
during, and after the power line pulls. 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 USCG Marine Safety 
Unit Pittsburgh. Persons and vessels seeking entry into this safety 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by 
telephone at (412) 221-0807. Persons and vessels permitted to enter 
this safety zone must transit at their slowest safe speed and comply 
with all lawful instructions of the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement period for the safety zone as well as any 
changes in the schedule through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (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).

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

[[Page 58747]]

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 lasting 13 hours on each day that will prohibit entry on 
a 1.2 mile stretch of the Ohio River. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration 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.T08-0653 to read as follows:


Sec.  165.T08-0653  Safety Zone; Ohio River, mile 28.0 to mile 29.2, 
Vanport, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River from mile 28.0 to mile 29.2.
    (b) Effective period. This section is effective without actual 
notice from November 21, 2018 through December 31, 2018. For the 
purposes of enforcement, actual notice will be used from 6 a.m. on 
November 16, 2018 through November 21, 2018.
    (c) Enforcement periods. This section will be enforced from 6 a.m. 
through 8 p.m. daily. Breaks in the power line work will occur during 
the enforcement periods, which will allow for vessels to pass through 
the safety zone. The Captain of the Port Marine Safety Unit Pittsburgh 
(COTP) or a designated representative will provide notice of breaks as 
appropriate under paragraph (e) of this section.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the COTP or 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 Marine Safety 
Unit Pittsburgh.
    (2) Persons and vessels seeking entry into this safety zone must 
request permission from the COTP or a designated representative. They 
may be contacted on VHF-FM Channel 16 or by telephone at (412) 221-
0807.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
instructions of the COTP or a designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement period for the 
safety zone as well as any changes in the schedule through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) as appropriate.

    Dated: November 16, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-25379 Filed 11-20-18; 8:45 am]
BILLING CODE 9110-04-P



                                                          Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations                                         58745

                                             DEPARTMENT OF HOMELAND                                  temporary deviation, the bridge will                  is necessary to protect persons, vessels,
                                             SECURITY                                                provide single-leaf openings utilizing                and the marine environment from
                                                                                                     the current operating schedule. Request               potential hazards associated with power
                                             Coast Guard                                             for a double-leaf opening requires                    line work across the river. Entry of
                                                                                                     advance notice by contacting the bridge               persons or vessels into this zone is
                                             33 CFR Part 117                                         tender at (813) 228–2191 at least four                prohibited unless authorized by the
                                             [Docket No. USCG–2018–0825]                             hours in advance. The vertical clearance              Captain of the Port Marine Safety Unit
                                                                                                     of the bridge will be reduced to 26 feet              Pittsburgh or a designated
                                             Drawbridge Operation Regulation;                        under normal water level conditions on                representative.
                                             Okeechobee Waterway                                     the Okeechobee Waterway to allow for                  DATES: This rule is effective without
                                             (Caloosahatchee River), LaBelle, FL                     post tensioning of the existing steel floor           actual notice from November 21, 2018
                                                                                                     beams. The Okeechobee Waterway                        through December 31, 2018. For the
                                             AGENCY: Coast Guard, DHS.                               (Caloosahatchee River) is used by a                   purposes of enforcement, actual notice
                                             ACTION:Notice of deviation from                         variety of vessels including U.S.                     will be used from 6 a.m. on November
                                             drawbridge regulation.                                  government vessels, small commercial                  16, 2018 through November 21, 2018.
                                                                                                     vessels, recreational vessels and tugs                ADDRESSES: To view documents
                                             SUMMARY:    The Coast Guard has issued a
                                                                                                     and barge traffic. The Coast Guard has                mentioned in this preamble as being
                                             temporary deviation from the operating
                                                                                                     carefully considered the restrictions                 available in the docket, go to http://
                                             schedule that governs the
                                                                                                     with waterway users in publishing this                www.regulations.gov, type USCG–2018–
                                             Caloosahatchee River (SR 29/LaBelle)
                                                                                                     temporary deviation.                                  0653 in the ‘‘SEARCH’’ box and click
                                             Bridge across the Okeechobee Waterway
                                                                                                        Vessels able to pass through the                   ‘‘SEARCH.’’ Click on Open Docket
                                             (Caloosahatchee River), mile 103, at
                                                                                                     bridge in the closed position may do so               Folder on the line associated with this
                                             LaBelle, FL. The deviation is necessary
                                                                                                     at any time. The bridge will not be able              rule.
                                             to accommodate repairs to the bridge.
                                                                                                     to provide a double-leaf opening for                  FOR FURTHER INFORMATION CONTACT: If
                                             This deviation allows the bridge single-
                                                                                                     emergencies and there is no immediate                 you have questions on this rule, call or
                                             leaf openings with advanced notice for
                                                                                                     alternate route for vessels to pass. The              email Petty Officer Jennifer Haggins,
                                             a double-leaf opening.
                                                                                                     Coast Guard will also inform the users                Marine Safety Unit Pittsburgh, U.S.
                                             DATES: This deviation is effective                      of the waterways through our Local and
                                             without actual notice from November                                                                           Coast Guard; telephone 412–221–0807,
                                                                                                     Broadcast Notices to Mariners of the                  email Jennifer.L.Haggins@uscg.mil.
                                             21, 2018 through 6 a.m. on December                     change in operating schedule for the
                                             31, 2018. For the purposes of                                                                                 SUPPLEMENTARY INFORMATION:
                                                                                                     bridge so that vessel operators can
                                             enforcement, actual notice will be used                 arrange their transits to minimize any                I. Table of Abbreviations
                                             from 6 a.m. on August 13, 2018, until                   impact caused by the temporary
                                             November 21, 2018.                                                                                            CFR Code of Federal Regulations
                                                                                                     deviation.                                            COTP Captain of the Port Marine Safety
                                             ADDRESSES: The docket for this                             In accordance with 33 CFR 117.35(e),                 Unit Pittsburgh
                                             deviation, USCG–2018–0825 is available                  the drawbridge must return to its regular             DHS Department of Homeland Security
                                             at http://www.regulations.gov. Type the                 operating schedule immediately at the                 FR Federal Register
                                             docket number in the ‘‘SEARCH’’ box                     end of the effective period of this                   NPRM Notice of proposed rulemaking
                                             and click ‘‘SEARCH’’. Click on Open                     temporary deviation. This deviation                   § Section
                                             Docket Folder on the line associated                                                                          U.S.C. United States Code
                                                                                                     from the operating regulations is
                                             with this deviation.                                    authorized under 33 CFR 117.35.                       II. Background Information and
                                             FOR FURTHER INFORMATION CONTACT: If                       Dated: November 15, 2018.                           Regulatory History
                                             you have questions on this temporary                    Barry L. Dragon,                                         The Coast Guard is issuing this
                                             deviation, call or email MST1 Deborah                                                                         temporary rule without prior notice and
                                                                                                     Director, Bridge Branch, Seventh Coast Guard
                                             A. Schneller, Coast Guard Sector Saint                  District.                                             opportunity to comment pursuant to
                                             Petersburg Waterways Management                                                                               authority under section 4(a) of the
                                                                                                     [FR Doc. 2018–25332 Filed 11–20–18; 8:45 am]
                                             Division; telephone (813) 228–2194 x                                                                          Administrative Procedure Act (APA) (5
                                                                                                     BILLING CODE 9110–04–P
                                             8133, email Deborah.A.Schneller@                                                                              U.S.C. 553(b)). This provision
                                             uscg.mil.                                                                                                     authorizes an agency to issue a rule
                                             SUPPLEMENTARY INFORMATION: Seacoast                     DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                             Inc., on behalf of the bridge owner,                    SECURITY                                              comment when the agency for good
                                             Florida Department of Transportation                                                                          cause finds that those procedures are
                                             (FDOT), has requested a temporary                       Coast Guard                                           ‘‘impracticable, unnecessary, or contrary
                                             deviation from the current operating                                                                          to the public interest.’’ Under 5 U.S.C.
                                             regulation that governs the                             33 CFR Part 165                                       553(b)(3)(B), the Coast Guard finds that
                                             Caloosahatchee River (SR29/LaBelle)                     [Docket Number USCG–2018–0653]                        good cause exists for not publishing a
                                             Bridge across the Okeechobee Waterway                                                                         notice of proposed rulemaking (NPRM)
                                             (Caloosahatchee River), mile 103, at                    RIN 1625–AA00                                         with respect to this rule because it is
                                             LaBelle, FL. The deviation is necessary                                                                       impracticable. This safety zone must be
                                             to facilitate necessary repairs to the                  Safety Zone; Ohio River, Mile 28.0 to                 established by November 16, 2018 and
                                             structural integrity of the bridge. The                 29.2, Vanport, Pennsylvania                           we lack sufficient time to provide a
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                                             existing bridge is a double-leaf bascule                AGENCY:    Coast Guard, DHS.                          reasonable comment period and then
                                             bridge with at vertical clearance in the                ACTION:   Temporary final rule.                       consider those comments before issuing
                                             closed to navigation position of 28 feet                                                                      this rule. The NPRM process would
                                             under normal water level conditions on                  SUMMARY:   The Coast Guard is                         delay the establishment of the safety
                                             the Okeechobee Waterway.                                establishing a temporary safety zone for              zone until after the date of the power
                                                The current operating schedule is set                all navigable waters of the Ohio River                line pulls and compromise public
                                             out in 33 CFR 117.317(i)(j). Under this                 from mile 28.0 to mile 29.2. This action              safety.


                                        VerDate Sep<11>2014   15:51 Nov 20, 2018   Jkt 247001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\21NOR1.SGM   21NOR1


                                             58746        Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations

                                                Under 5 U.S.C. 553(d)(3), the Coast                  the safety zone as well as any changes                The Coast Guard certifies under 5 U.S.C.
                                             Guard finds that good cause exists for                  in the schedule through Broadcast                     605(b) that this rule will not have a
                                             making this rule effective less than 30                 Notices to Mariners (BNMs), Local                     significant economic impact on a
                                             days after publication in the Federal                   Notices to Mariners (LNMs), and/or                    substantial number of small entities.
                                             Register. Delaying this rule would be                   Marine Safety Information Bulletins                      While some owners or operators of
                                             contrary to the public interest because                 (MSIBs) as appropriate.                               vessels intending to transit the
                                             immediate action is necessary to                                                                              temporary safety zone may be small
                                                                                                     V. Regulatory Analyses                                entities, for the reasons stated in section
                                             respond to the potential safety hazards
                                             associated with power line work, which                    We developed this rule after                        V.A above, this rule will not have a
                                             could pose a risk to the operation and                  considering numerous statutes and                     significant economic impact on any
                                             waterways users if the normal vessel                    Executive orders related to rulemaking.               vessel owner or operator.
                                             traffic were to interfere with the work.                Below we summarize our analyses                          Under section 213(a) of the Small
                                             Possible hazards include risks of injury                based on a number of these statutes and               Business Regulatory Enforcement
                                             or death from near or actual contact                    Executive orders, and we discuss First                Fairness Act of 1996 (Pub. L. 104–121),
                                             among working vessels and mariners                      Amendment rights of protestors.                       we want to assist small entities in
                                             traversing through the safety zone.                     A. Regulatory Planning and Review                     understanding this rule. If the rule
                                                                                                                                                           would affect your small business,
                                             III. Legal Authority and Need for Rule                     Executive Orders 13563 (‘‘Improving                organization, or governmental
                                                The Coast Guard is issuing this rule                 Regulation and Regulatory Review’’)                   jurisdiction and you have questions
                                             under authority in 33 U.S.C. 1231. The                  and 12866 (‘‘Regulatory Planning and                  concerning its provisions or options for
                                             Captain of the Port Marine Safety Unit                  Review’’) direct agencies to assess the               compliance, please contact the person
                                             Pittsburgh (COTP) has determined that                   costs and benefits of available regulatory            listed in the FOR FURTHER INFORMATION
                                             potential hazards associated with power                 alternatives and, if regulation is                    CONTACT section.
                                             line pulls across the Ohio River will be                necessary, to select regulatory                          Small businesses may send comments
                                             a safety hazard for anyone within a 1.2                 approaches that maximize net benefits                 on the actions of Federal employees
                                             mile stretch of the Ohio River. The rule                (including potential economic,                        who enforce, or otherwise determine
                                             is needed to protect people from power                  environmental, public health and safety               compliance with, Federal regulations to
                                             line work which could pose a risk to the                effects, distributive impacts, and                    the Small Business and Agriculture
                                             operation and waterways users if the                    equity). Executive Order 13563                        Regulatory Enforcement Ombudsman
                                             normal vessel traffic were to interfere                 emphasizes the importance of                          and the Regional Small Business
                                             with the work. Possible hazards include                 quantifying both costs and benefits, of               Regulatory Fairness Boards. The
                                             risks of injury or death from near or                   reducing costs, of harmonizing rules,                 Ombudsman evaluates these actions
                                             actual contact among working vessels                    and of promoting flexibility. Executive               annually and rates each agency’s
                                             and mariners traversing through the                     Order 13771 (‘‘Reducing Regulation and                responsiveness to small business. If you
                                             safety zone.                                            Controlling Regulatory Costs’’) directs               wish to comment on actions by
                                                                                                     agencies to reduce regulation and                     employees of the Coast Guard, call 1–
                                             IV. Discussion of the Rule
                                                                                                     control regulatory costs and provides                 888–REG–FAIR (1–888–734–3247). The
                                                This rule establishes a temporary                    that ‘‘for every one new regulation                   Coast Guard will not retaliate against
                                             safety zone from 6 a.m. through 8 p.m.                  issued, at least two prior regulations be             small entities that question or complain
                                             on November 16, 2018 through                            identified for elimination, and that the              about this rule or any policy or action
                                             December 31, 2018. The safety zone will                 cost of planned regulations be prudently              of the Coast Guard.
                                             cover all navigable waters of the Ohio                  managed and controlled through a
                                             River, from mile 28.0 to mile 29.2. The                 budgeting process.’’                                  C. Collection of Information
                                             duration of the zone is intended to                        The Office of Management and Budget                  This rule will not call for a new
                                             protect persons, vessels, and the marine                (OMB) has not designated this rule a                  collection of information under the
                                             environment on these navigable waters                   ‘‘significant regulatory action,’’ under              Paperwork Reduction Act of 1995 (44
                                             before, during, and after the power line                section 3(f) of Executive Order 12866.                U.S.C. 3501–3520).
                                             pulls. No vessel or person will be                      Accordingly, OMB has not reviewed it.
                                             permitted to enter the safety zone                      As this rule is not a significant                     D. Federalism and Indian Tribal
                                             without obtaining permission from the                   regulatory action, this rule is exempt                Governments
                                             COTP or a designated representative. A                  from the requirements of Executive                       A rule has implications for federalism
                                             designated representative is a                          Order 13771. See OMB’s Memorandum                     under Executive Order 13132,
                                             commissioned, warrant, or petty officer                 ‘‘Guidance Implementing Executive                     Federalism, if it has a substantial direct
                                             of the U.S. Coast Guard assigned to                     Order 13771, Titled ‘Reducing                         effect on the States, on the relationship
                                             units under the operational control of                  Regulation and Controlling Regulatory                 between the national government and
                                             USCG Marine Safety Unit Pittsburgh.                     Costs’’’ (April 5, 2017).                             the States, or on the distribution of
                                             Persons and vessels seeking entry into                                                                        power and responsibilities among the
                                             this safety zone must request permission                B. Impact on Small Entities                           various levels of government. We have
                                             from the COTP or a designated                              The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             representative. They may be contacted                   1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             on VHF–FM Channel 16 or by telephone                    requires Federal agencies to consider                 with the fundamental federalism
                                             at (412) 221–0807. Persons and vessels                  the potential impact of regulations on                principles and preemption requirements
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                                             permitted to enter this safety zone must                small entities during rulemaking. The                 described in Executive Order 13132.
                                             transit at their slowest safe speed and                 term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             comply with all lawful instructions of                  businesses, not-for-profit organizations              implications under Executive Order
                                             the COTP or a designated                                that are independently owned and                      13175, Consultation and Coordination
                                             representative. The COTP or a                           operated and are not dominant in their                with Indian Tribal Governments,
                                             designated representative will inform                   fields, and governmental jurisdictions                because it does not have a substantial
                                             the public of the enforcement period for                with populations of less than 50,000.                 direct effect on one or more Indian


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                                                          Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations                                              58747

                                             tribes, on the relationship between the                   For the reasons discussed in the                    Information Bulletins (MSIBs) as
                                             Federal Government and Indian tribes,                   preamble, the Coast Guard amends 33                   appropriate.
                                             or on the distribution of power and                     CFR part 165 as follows:                                Dated: November 16, 2018.
                                             responsibilities between the Federal                                                                          A.W. Demo,
                                             Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION
                                                                                                     AREAS AND LIMITED ACCESS AREAS                        Commander, U.S. Coast Guard, Captain of
                                             believe this rule has implications for                                                                        the Port Marine Safety Unit Pittsburgh.
                                             federalism or Indian tribes, please
                                             contact the person listed in the FOR                    ■ 1. The authority citation for part 165              [FR Doc. 2018–25379 Filed 11–20–18; 8:45 am]

                                             FURTHER INFORMATION CONTACT section                     continues to read as follows:                         BILLING CODE 9110–04–P

                                             above.                                                    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;
                                             E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation
                                                                                                     No. 0170.1.                                           DEPARTMENT OF THE INTERIOR
                                               The Unfunded Mandates Reform Act
                                             of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T08–0653 to read as                    Fish and Wildlife Service
                                             Federal agencies to assess the effects of               follows:
                                             their discretionary regulatory actions. In                                                                    50 CFR Part 17
                                                                                                     § 165.T08–0653 Safety Zone; Ohio River,
                                             particular, the Act addresses actions
                                                                                                     mile 28.0 to mile 29.2, Vanport, PA.                  [Docket No. FWS–R5–ES–2017–0056;
                                             that may result in the expenditure by a
                                             State, local, or tribal government, in the                (a) Location. The following area is a               4500030113]
                                             aggregate, or by the private sector of                  safety zone: All navigable waters of the
                                             $100,000,000 (adjusted for inflation) or                Ohio River from mile 28.0 to mile 29.2.               RIN 1018–BC44
                                             more in any one year. Though this rule                     (b) Effective period. This section is
                                             will not result in such an expenditure,                 effective without actual notice from                  Endangered and Threatened Wildlife
                                             we do discuss the effects of this rule                  November 21, 2018 through December                    and Plants; Endangered Species
                                             elsewhere in this preamble.                             31, 2018. For the purposes of                         Status for the Candy Darter
                                                                                                     enforcement, actual notice will be used               AGENCY:   Fish and Wildlife Service,
                                             F. Environment                                          from 6 a.m. on November 16, 2018                      Interior.
                                                                                                     through November 21, 2018.
                                               We have analyzed this rule under                                                                            ACTION: Final rule.
                                                                                                        (c) Enforcement periods. This section
                                             Department of Homeland Security
                                                                                                     will be enforced from 6 a.m. through 8                SUMMARY:   We, the U.S. Fish and
                                             Directive 023–01 and Commandant
                                                                                                     p.m. daily. Breaks in the power line                  Wildlife Service (Service), determine
                                             Instruction M16475.1D, which guide the
                                                                                                     work will occur during the enforcement                endangered species status under the
                                             Coast Guard in complying with the
                                                                                                     periods, which will allow for vessels to              Endangered Species Act of 1973 (Act),
                                             National Environmental Policy Act of
                                                                                                     pass through the safety zone. The                     as amended, for the candy darter
                                             1969 (42 U.S.C. 4321–4370f), and have
                                                                                                     Captain of the Port Marine Safety Unit                (Etheostoma osburni), a freshwater fish
                                             determined that this action is one of a
                                                                                                     Pittsburgh (COTP) or a designated                     species from Virginia and West Virginia.
                                             category of actions that do not
                                                                                                     representative will provide notice of                 This rule adds this species to the
                                             individually or cumulatively have a
                                                                                                     breaks as appropriate under paragraph                 Federal List of Endangered and
                                             significant effect on the human
                                                                                                     (e) of this section.                                  Threatened Wildlife.
                                             environment. This rule involves a safety
                                                                                                        (d) Regulations. (1) In accordance
                                             zone lasting 13 hours on each day that                                                                        DATES: This rule is effective December
                                                                                                     with the general regulations in § 165.23,
                                             will prohibit entry on a 1.2 mile stretch                                                                     21, 2018.
                                                                                                     entry into this zone is prohibited unless
                                             of the Ohio River. It is categorically                                                                        ADDRESSES: This final rule is available
                                                                                                     authorized by the COTP or a designated
                                             excluded from further review under                                                                            on the internet at http://
                                                                                                     representative. A designated
                                             paragraph L60(a) of Appendix A, Table                                                                         www.regulations.gov and https://
                                                                                                     representative is a commissioned,
                                             1 of DHS Instruction Manual 023–01–                                                                           www.fws.gov/northeast/candydarter.
                                                                                                     warrant, or petty officer of the U.S.
                                             001–01, Rev. 01. A Record of                                                                                  Comments and materials we received, as
                                                                                                     Coast Guard assigned to units under the
                                             Environmental Consideration                                                                                   well as supporting documentation we
                                                                                                     operational control of USCG Marine
                                             supporting this determination is                                                                              used in preparing this rule, are available
                                                                                                     Safety Unit Pittsburgh.
                                             available in the docket where indicated                                                                       for public inspection at http://
                                                                                                        (2) Persons and vessels seeking entry
                                             under ADDRESSES.                                                                                              www.regulations.gov. Comments,
                                                                                                     into this safety zone must request
                                             G. Protest Activities                                   permission from the COTP or a                         materials, and documentation that we
                                                                                                     designated representative. They may be                considered in this rulemaking will be
                                               The Coast Guard respects the First                    contacted on VHF–FM Channel 16 or by                  available by appointment, during
                                             Amendment rights of protesters.                         telephone at (412) 221–0807.                          normal business hours, at: U.S. Fish and
                                             Protesters are asked to contact the                        (3) Persons and vessels permitted to               Wildlife Service, West Virginia
                                             person listed in the FOR FURTHER                        enter this safety zone must transit at                Ecological Services Field Office, 694
                                             INFORMATION CONTACT section to                          their slowest safe speed and comply                   Beverly Pike, Elkins, WV 26241–9475;
                                             coordinate protest activities so that your              with all lawful instructions of the COTP              telephone 304–636–6586.
                                             message can be received without                         or a designated representative.                       FOR FURTHER INFORMATION CONTACT: John
                                             jeopardizing the safety or security of                     (e) Informational broadcasts. The                  Schmidt, Field Supervisor, West
khammond on DSK30JT082PROD with RULES




                                             people, places or vessels.                              COTP or a designated representative                   Virginia Ecological Services Field
                                                                                                     will inform the public of the                         Office, 694 Beverly Pike, Elkins, WV
                                             List of Subjects in 33 CFR Part 165
                                                                                                     enforcement period for the safety zone                26241–9475; telephone 304–636–6586.
                                               Harbors, Marine safety, Navigation                    as well as any changes in the schedule                Persons who use a telecommunications
                                             (water), Reporting and recordkeeping                    through Broadcast Notices to Mariners                 device for the deaf (TDD) may call the
                                             requirements, Security measures,                        (BNMs), Local Notices to Mariners                     Federal Relay Service at 800–877–8339.
                                             Waterways.                                              (LNMs), and/or Marine Safety                          SUPPLEMENTARY INFORMATION:



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Document Created: 2018-11-21 03:11:24
Document Modified: 2018-11-21 03:11:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from November 21, 2018 through December 31, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on November 16, 2018 through November 21, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation83 FR 58745 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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