
[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Rules and Regulations]               
[Page 47715-47717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au10-7]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0208]
RIN 1625-AA00

 
Safety Zone; Kanawha River Mile 56.7 to 57.6, Charleston, WV

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 Kanawha River beginning at mile 56.7 (C&O Railroad) 
and ending at mile 57.6 (Interstate Route 64 Bridge), extending the 
entire width of the river. This safety zone is needed to protect 
persons and vessels from the potential safety hazards associated with 
the Toyota Governor's Cup Jet Ski Race. Entry into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Ohio Valley or a designated representative.

DATES: This rule is effective from 12 p.m. on August 20, 2010, to 5:30 
p.m. on August 22, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0208 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0208 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 Petty Officer Sean Lewis, Marine Safety 
Unit Huntington Coast Guard; telephone 304-733-0198 extension 2135, e-
mail Sean.T.Lewis@uscg.mil. 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) 
with respect to this rule because publishing a NPRM would be 
impracticable given the short period of time before the race. Immediate 
action is needed to protect the race participants, vessels, and 
mariners from the hazards associated with this race. 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 because waiting 30 days would be impracticable, as immediate 
action is needed to protect the race participants, vessels, and 
mariners from the hazards associated with this race.

Basis and Purpose

    The Upstate Watercraft Promotions, Inc. is sponsoring a jet ski 
race from 12 p.m. to 6 p.m. on August 20, 2010 and from 6 a.m. to 5:30 
p.m. on the dates of August 21 and 22, 2010. This race will be held on 
the Kanawha River in Charleston, WV at mile 57.6-57.6. The Coast guard 
believes a safety zone is necessary because a hazardous situation could 
exist for vessels, mariners and spectators in the vicinity of the jet 
ski race. A safety zone is needed to protect those vessels, mariners 
and spectators from the hazards associated with this race.

Discussion of Rule

    The Captain of the Port Ohio Valley is establishing a temporary 
safety zone for the waters of the Kanawha River beginning at mile 56.7 
(C&O Railroad) and ending at mile 57.6 (Interstate Route 64 Bridge). 
The term ``participating vessel'' includes all vessels registered with 
the jet ski race event officials to work in the event. 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 Ohio Valley or a designated representative. The Captain of the 
Port Ohio Valley may be contacted on VHF-

[[Page 47716]]

FM Channels 13 or 16, or by telephone at 800-253-7465. This rule will 
be enforced from 12 p.m. to 6 p.m. on August 20, 2010, and from 6 a.m. 
to 5:30 p.m. on the dates of August 21 and 22, 2010. The Captain of the 
Port Ohio Valley will inform the public through broadcast notice to 
mariners of the enforcement period for the safety zone.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
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. This rule is not a significant regulatory 
action because of the following reasons: (a) It does not affect the 
economy over the upper limit given in section 3(f)(1) of Executive 
Order 12866. (b) It does not create any inconsistencies nor interferes 
with any action or planned actions taken by other agencies. (c) It will 
not materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof. (d) It will not raise novel legal or policy issues arising out 
of legal mandates, the President's priorities, or the principles set 
forth in this Executive order.

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 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 or operators of vessels intending to transit 
the Kanawha River beginning at mile marker 56.7 and ending at mile 
marker 57.6 from 12 p.m. to 6 p.m. on August 20, 2010, and from 6 a.m. 
to 5:30 p.m. on the dates of August 21 and 22, 2010. This safety zone 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons. The sponsor of the event has 
worked closely with users of the river to provide awareness and gain 
their support of this event. The event sponsor took similar measures 
during the 2009 inaugural event and was successful at minimizing any 
burden on users of the river. Although, the safety zone will apply to 
the entire width of the river, traffic will be allowed to pass through 
the zone with the permission of the Coast Guard patrol commander. 
Finally, before the effective period, we will issue maritime advisories 
widely available to users of the river.

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.

[[Page 47717]]

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 (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 regulations establishing, 
disestablishing, or changing Regulated navigation areas and security or 
safety zones. The rule fits this category because the Coast Guard is 
establishing a safety zone from mile 56.7 to 57.6 on the Kanawha River.
    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.T08-0208 is added to read as follows:


Sec.  165.T08-0208   Safety Zone; Kanawha River Mile 56.7 to Mile 57.6 
Charleston, WV.

    (a) Location. The waters of the Kanawha River beginning at mile 
56.7 (C&O Railroad) and ending at mile 57.6 (Interstate Route 64 
Bridge), extending the entire width of the river.
    (b) Enforcement periods. This section of this rule will be enforced 
from 12 p.m. to 6 p.m. on August 20, 2010, and from 6 a.m. to 5:30 p.m. 
on the dates of August 21 and 22, 2010.
    (c) 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 Ohio Valley.
    (2) Persons or vessels requiring entry into or passage through this 
zone must request permission from the Captain of the Port Ohio Valley, 
or a designated representative. They may be contacted on VHF-FM 
Channels 13 or 16, or by telephone at 800-253-7465.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Ohio Valley and designated on-scene U.S. Coast 
Guard patrol personnel.
    (4) On-scene U.S. Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: July 21, 2010.
A.E. Tucci,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio 
Valley.
[FR Doc. 2010-19520 Filed 8-6-10; 8:45 am]
BILLING CODE 9110-04-P

