[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Rules and Regulations]
[Pages 56469-56471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23178]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0723]
RIN 1625-AA00
Safety Zone; Ohio River, Wheeling, WV, Wheeling Heritage Port
Sternwheel Foundation Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone from Mile Marker
90.2 to Mile Marker 90.5 on the Ohio River extending the full width of
the river. The safety zone is needed to protect spectators and marine
traffic during the Wheeling Heritage Port Sternwheel Foundation
fireworks display. Entry into the safety zone is prohibited, unless
specifically authorized by the Captain of the Port Pittsburgh or a
designated representative.
DATES: This rule is effective from September 18, 2010 through September
19, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2010-0723 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0723 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail ENS Robyn Hoskins, Marine Safety Unit
Pittsburgh, Coast Guard; telephone 412-644-5808 Ext. 2140, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM).
A NPRM would be impracticable with respect to this rule because
immediate action is needed to protect spectators and marine traffic
during the Wheeling Heritage Port Sternwheel Foundation fireworks
display that will occur in the city of Wheeling, WV.
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 would
be impracticable and contrary to public interest because immediate
action is needed to protect spectators and marine traffic during the
Wheeling Heritage Port Sternwheel Foundation fireworks display.
Basis and Purpose
The Coast Guard is establishing a safety zone from Mile Marker 90.2
to Mile Marker 90.5 on the Ohio River extending the full width of the
river. The safety zone is needed to protect spectators and marine
traffic during the Wheeling Heritage Port Sternwheel Foundation
fireworks display.
Discussion of Rule
Vessels shall not enter into, depart from, or move within the
safety zone without permission from the Captain of the Port Pittsburgh
or his authorized representative. Persons or vessels requiring entry
into or passage through the safety zone must request permission from
the Captain of the Port Pittsburgh, or a designated representative.
They may be contacted on VHF-FM Channel 13 or 16, or through Coast
Guard Sector Ohio Valley at 1-800-253-7465. This safety zone will be
enforced from 8:45 p.m. to 10:15 p.m. on September 18, 2010. In the
event of rain, this safety zone will be enforced from 8:45 p.m. to
10:15 p.m. on September 19, 2010. The Captain of the Port Pittsburgh
will inform the public through broadcast notices to mariners of the
enforcement period for the safety zone as well as any changes in the
planned schedule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
[[Page 56470]]
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Assessment is
unnecessary. This rule will only be in effect for a short period of
time and notifications to the marine community will be made through
broadcast notice to mariners. 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 would 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
would 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 or operators of vessels
intending to transit that portion of the waterways from Mile Marker
90.2 to Mile Marker 90.5 on the Ohio River extending the full width of
the, from 8:45 p.m. to 10:15 p.m. The safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for only a short period of time and during
a time period where vessel traffic is low. Before activation of the
safety zone, we would issue maritime advisories widely available to
users of the rivers.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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). 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.
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 (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.
Taking of Private Property
This rule will not cause 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969
[[Page 56471]]
(NEPA) (42 U.S.C. 4321-4370f), and have concluded 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 is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
rule involves establishing, disestablishing, or changing Regulated
Navigation Areas and security or safety zones.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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, 3306,
3703; 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. Add Sec. 165.T08-0723 to read as follows:
Sec. 165.T08-0723 Wheeling Heritage Port Sternwheel Foundation
fireworks display, Ohio River, Pittsburgh, PA.
(a) Location. All waters of the Ohio River, from surface to bottom,
from Mile Marker 90.2 to Mile Marker 90.5 on the Ohio River, extending
the width of the river. These markings are based on the USACE's Ohio
River Navigation Charts (Chart 1, January 2000).
(b) Effective period. This section is effective from 8:45 p.m.
through 10:15 p.m. on September 18, 2010 (rain date September 19,
2010).
(c) Periods of Enforcement. This section will be enforced from 8:45
p.m. through 10:15 p.m. on September 18, 2010 (rain date September 19,
2010). The Captain of the Port Pittsburgh or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the planned schedule.
(d) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry into, departure from, or
passage through a safety zone must request permission from the Captain
of the Port Pittsburgh or a designated representative. They may be
contacted on VHF-FM Channel 13 or 16, or through Coast Guard Sector
Ohio Valley at 1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
Dated: August 16, 2010.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting, Captain of the Port
Pittsburgh.
[FR Doc. 2010-23178 Filed 9-15-10; 8:45 am]
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