[Federal Register: June 1, 2004 (Volume 69, Number 105)]
[Rules and Regulations]
[Page 30831-30833]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn04-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Huntington-04-001]
RIN 1625-AA00
Safety Zone; Ohio River, Marietta, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Ohio River beginning at mile 171.5 and ending at mile
172.5, extending the entire width of the river. This safety zone is
needed to protect participating vessels and mariners during the
Marietta Roar Tunnel Boat Race. With the exception of participating
vessels and mariners, all vessels and persons are prohibited from
transiting within this safety zone unless authorized by the Captain of
the Port Huntington or a designated representative.
DATES: This rule is effective from 9:30 a.m. on July 3, 2004 until 7
p.m. on July 4, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Huntington-04-001] and are
available for inspection or copying at Marine Safety Office Huntington,
1415 6th Ave., Huntington, WV between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer (PO) John Bialasik,
Marine Safety Office Huntington, WV, at (304) 529-5524.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM in the Federal Register.
Publishing an NPRM and delaying its effective date would be contrary to
public interest since immediate action is needed to protect vessels and
mariners participating in a high-speed boat race.
Background and Purpose
The APR Powerboat Superleague will be conducting the Marietta Roar
Tunnel Boat Race on July 3 and July 4, 2004. Race boats will be
traveling at a very high rate of speed and at times may not be able to
stop to avoid a collision if spectator or other vessels are operating
in close proximity of the racecourse. A safety zone is needed to
protect the race boats, persons and spectators from the potential
safety hazards associated with this boat race.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for the
waters of the Ohio River beginning at mile 171.5 and ending at mile
172.5, extending the entire width of the river. The term
``participating vessel'' includes all vessels registered with race
officials to race or work in the event. They include race boats, rescue
boats, towboats and picket boats associated with the race. With the
exception of participating vessels and those mariners operating
participating vessels, all vessels and persons are prohibited from
transiting within this safety zone unless authorized by the Captain of
the Port Huntington or a designated representative. This rule is
effective from 9:30 a.m. on July 3, 2004 until 7 p.m. on July 4, 2004.
This rule will only be enforced from 9:30 a.m. until 7 p.m. on each day
that it is effective. During non-enforcement hours all vessels will be
allowed to transit through the safety zone without having to obtain
permission from the Captain of the Port Huntington or a designated
representative. The Captain of the Port Huntington will inform the
public through broadcast notice to mariners of the enforcement periods
for the safety zone.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs
[[Page 30832]]
and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
This regulation will only be in effect for nine and a half hours
each day and notifications to the maritime community will be made
through broadcast notice to mariners. During non-enforcement hours all
vessels will be allowed to transit through the safety zone without
having to obtain permission from the Captain of the Port Huntington or
a designated representative. Additionally, 30-minute breaks will be
scheduled every three hours to allow awaiting vessels to pass through
the safety zone. The impacts on routine navigation are expected to be
minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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. This rule will affect the following entities, some of which
may be small entities: The owners and operators of commercial and
recreational vessels intending to transit the Ohio River from mile
marker 171.5 to 172.5, from 9:30 a.m. on July 3, 2004 until 7 p.m. on
July 4, 2004. This safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (1) This rule will only be enforced from 9:30 a.m. until 7
p.m. on each day that it is effective; (2) During non-enforcement hours
all vessels will be allowed to transit through the safety zone without
permission from the Captain of the Port Huntington or a designated
representative; and (3) 30-minute breaks will be scheduled every three
hours to allow awaiting vessels to pass through the safety zone. If you
are a small business entity and are significantly affected by this
regulation, please contact PO John Bialasik, Marine Safety Office
Huntington, WV, at (304) 529-5524.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because this rule is not expected to result
in any significant adverse environmental impact as described in NEPA.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 30833]]
requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Temporarily add new Sec. 165.T08-032 to read as follows:
Sec. 165.T08-032 Safety Zone; Ohio River, Mile 171.5 to 172.5
Marietta, OH.
(a) Definition. As used in this section--
Participating vessel means all vessels registered with race
officials to race or work in the event. These vessels include race
boats, rescue boats, towboats and picket boats associated with the
race.
(b) Location. The following area is a safety zone: the waters of
the Ohio River beginning at mile 171.5 and ending at mile 172.5,
extending the entire width of the river.
(c) Effective date. This rule is effective from 9:30 a.m. on July
3, 2004 until 7 p.m. on July 4, 2004.
(d) Periods of Enforcement. This rule will be enforced from 9:30
a.m. until 7 p.m. on each day that it is effective. The Captain of the
Port Huntington or a designated representative will inform the public
through broadcast notice to mariners of the enforcement periods for the
safety zone.
(e) Regulations: (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited to all
persons and vessels except participant vessels and those vessels
specifically authorized by the Captain of the Port Huntington or a
designated representative.
(2) Persons or vessels other than participating vessels and
mariners requiring entry into or passage through the zone must request
permission from the Captain of the Port Huntington or a designated
representative. They may be contacted on VHF-FM Channel 13 or 16 or by
telephone at (304) 529-5524.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Huntington and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
Dated: May 20, 2004.
J.M. Michalowski,
Commander, U.S. Coast Guard, Captain of the Port Huntington.
[FR Doc. 04-12321 Filed 5-28-04; 8:45 am]
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