
[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31865-31868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12817]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0238]
RIN 1625-AA00


Safety Zone; Cincinnati Symphony Orchestra Fireworks Displays 
Ohio River, Mile 460.9-461.3; Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River, surface to bottom, extending from Ohio 
River mile 460.9 to mile 461.3, extending 300 ft. from the state of 
Ohio shoreline at Cincinnati, Ohio. This temporary safety zone is 
necessary to protect persons and property from potential damage and 
safety hazards during the Cincinnati Symphony Orchestra fireworks 
displays. During the period of enforcement, no vessels may be located 
within this Coast Guard safety zone. Entry into this Coast Guard safety 
zone is prohibited unless specifically authorized by the Captain of the 
Port Ohio Valley or other designated representative.

DATES: This rule is effective from 9:45 p.m. on June 7, 2014 until 
10:30 p.m. on July 4, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0238. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Petty Officer Denise Davidson, Marine Safety Detachment 
Cincinnati, U.S. Coast Guard; telephone 513-921-

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9033 x2113, email Denise.M.Davidson@uscg.mil or Petty Officer John 
Joeckel, Marine Safety Detachment Cincinnati, U.S. Coast Guard; 
telephone 513-921-9033 x2109, email John.R.Joeckel@uscg.mil. If you 
have questions on viewing or submitting material to the docket, call 
Cheryl Collins, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers

A. Regulatory History and 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. The Coast Guard was made aware of the 
fireworks displays on March 7, 2014. Upon full review of the events and 
details of the fireworks displays, the Coast Guard determined that 
additional safety measures are necessary. There are potential hazards 
associated with fireworks displays over or on the Ohio River and a 
safety zone is required to protect persons and property on or near the 
waterway during the displays. Completing the NPRM process and providing 
notice and a comment period is impracticable because it would 
unnecessarily delay this rule and the immediate safety measures it 
provides. Additionally, the events, which are followed by fireworks 
displays are advertised to the local community by and through the 
Cincinnati Symphony Orchestra. Delaying the safety zone effective date 
to complete the NPRM process would interfere with the advertised and 
planned for displays and would unnecessarily interfere with contractual 
obligations related to these events.
    For the same reasons, 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. Providing a full 30 
days notice would be impracticable and would unnecessarily delay the 
effective date of this rule. Delaying the effective date would also be 
contrary to public interest since immediate action is necessary to 
protect persons and property from potential hazards associated with 
fireworks displays over or on the Ohio River.

B. Basis and Purpose

    A fireworks display is planned to conclude the Cincinnati Symphony 
Orchestra concerts scheduled on June 7, 2014 and July 4, 2014. These 
displays will feature fireworks being launched from Riverbend Music 
Center, located near the shoreline between miles 460.9 and 461.3 on the 
Ohio River at Cincinnati, OH. The Coast Guard determined that a safety 
zone is necessary to keep persons and property clear of any potential 
hazards associated with the launching of fireworks on or over the 
waterway.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property, including 
spectators, commercial and recreational vessels, and others that may be 
in the area during the noticed fireworks display times from the hazards 
associated with the fireworks displays on and over the waterway.

C. Discussion of the Final Rule

    The COTP Ohio Valley will enforce a temporary safety zone from 9:45 
p.m. to 10:15 p.m. on June 7, 2014 and 10:00 p.m. to 10:30 p.m. on July 
4, 2014 for the Cincinnati Symphony Orchestra fireworks display. The 
fireworks will be launched from Riverbend Music Center and the safety 
zone will include all waters between Ohio River miles 460.9 and 461.3, 
extending 300 ft. from the state of Ohio shoreline at Cincinnati, Ohio. 
The Coast Guard will enforce the temporary safety zone and may be 
assisted by other federal, state and local agencies and the Coast Guard 
Auxiliary. During the periods of enforcement, no vessels may transit 
into, through, or remain within this Coast Guard safety zone. Deviation 
from this safety zone may be requested by contacting the COTP Ohio 
Valley or other designated representative. Deviations will be 
considered on a case-by-case basis.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This temporary final 
rule establishes a safety zone that will be enforced for limited time 
periods following certain Cincinnati Symphony Orchestra concerts. 
During enforcement periods, vessels are prohibited from entering into 
or remaining within the safety zone unless specifically authorized by 
the COTP Ohio Valley or other designated representative. Based on the 
location, limited safety zone size, and short duration of each 
enforcement period, this rule does not pose a significant regulatory 
impact. Additionally, notice of this safety zone or any changes in the 
planned schedule will be made via Broadcast Notices to Mariners, Local 
Notices to Mariners, and/or Marine Safety Information Bulletins as 
appropriate. Deviation from this rule may be requested from the COTP 
Ohio Valley and will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    This rule would affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor between Ohio River miles 460.9 to 461.3, within 300 
ft. of the Ohio shoreline from 9:45 p.m. to 10:15 p.m. on June 7, 2014 
and from 10:00 p.m. to 10:30 p.m. on July 4, 2014.
    This safety zone would not have a significant economic impact on a

[[Page 31867]]

substantial number of small entities because it is limited in size and 
will be enforced for a limited time period following certain scheduled 
Cincinnati Symphony Orchestra concerts. The Coast Guard will provide 
notice of enforcement and changes in the planned schedule through 
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Marine 
Safety Information Bulletins as appropriate.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

 6. 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.

 7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 establishment of a temporary safety 
zone to protect persons and property from potential hazards associated 
with the scheduled Cincinnati Symphony Orchestra fireworks displays 
taking place on or over the Ohio River. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. A new temporary Sec.  165.T08-0238 is added to read as follows:

Sec.  165.T08-0238  Safety Zone; Cincinnati Symphony Orchestra 
Fireworks Displays Ohio River, Mile 460.9-461.3, Cincinnati, OH.

    (a) Location. The following area is a temporary safety zone: all 
waters of the Ohio River, surface to bottom, from mile 460.9 to mile 
461.3 on the Ohio River, extending 300 ft. from the State of Ohio 
shoreline at Cincinnati, Ohio. These markings are based on the United 
States Army Corps of Engineers' Ohio River Navigation Charts (Chart 117 
June 2010).

[[Page 31868]]

    (b) Effective Dates and Enforcement Periods. This safety zone is 
effective from 9:45 p.m. to 10:15 p.m. on June 7, 2014 and from 10:00 
p.m. to 10:30 p.m. on July 4, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, movement within, or departure 
from this zone is prohibited unless authorized by the Captain of the 
Port Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into, departure from, or 
movement within a regulated area must request permission from the 
Captain of the Port Ohio Valley 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 Ohio Valley 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.
    (d) Informational Broadcasts. The COTP Ohio Valley or a designated 
representative will inform the public through Broadcast Notices to 
Mariners, Local Notices to Mariners, and/or Marine Safety Information 
Bulletins as appropriate of the enforcement period for each safety zone 
as well as any changes in the planned and published dates and times of 
enforcement.

    Dated: May 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-12817 Filed 6-2-14; 8:45 am]
BILLING CODE 9110-04-P


