[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Rules and Regulations]
[Pages 15499-15501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07451]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0291]
RIN 1625-AA00


Safety Zone; Ohio River, 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 navigable waters of the Ohio River, extending the entire width of 
the river, from mile marker (MM) 490.0 to MM 491.5. This safety zone is 
necessary to

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provide for the safety of life and vessels during the Miami Fort Static 
Wire Crossing operation taking place near Cincinnati, OH. Entry into, 
transiting through, or anchoring within this safety zone is prohibited 
unless authorized by the Captain of the Port Sector Ohio Valley (COTP) 
or a designated representative.

DATES: This rule is effective from April 12, 2018 through April 22, 
2018 during daylight hours only, or until the operation is complete, 
whichever occurs first.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0291 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 Joshua Herriott, Sector Ohio Valley, U.S. 
Coast Guard; telephone 502-779-5343, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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)(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. We must 
establish this regulation by April 12, 2018 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing this rule.
    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 of 
this rule would be impracticable and contrary to the public interest 
because immediate action is necessary to protect persons and property 
from the dangers associated with the marine event.

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 Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the Miami Fort Static Wire 
Crossing operation, occurring from April 12, 2018 through April 22, 
2018, will be a safety concern for all navigable waters on the Ohio 
River from mile marker (MM) 490.0 to MM 491.5. The purpose of this rule 
is to ensure the safety of life and vessels on these navigable waters 
before, during, and after the event.

IV. Discussion of the Rule

    This rule establishes a safety zone during daylight hours each day 
from April 12, 2018 through April 22, 2018 for all navigable waters of 
the Ohio River, extending the entire width of the river, from MM 490.0 
to MM 491.5. Transit into and through this area is prohibited during 
periods of enforcement between April 12, 2018 through April 22, 2018. 
The periods of enforcement will be prior to, during, and 30 minutes 
after any vessel movement and wire transfer operations at Miami Fort. 
The Coast Guard was informed that the operations would take place 
during daylight hours only. A safety vessel will coordinate all vessel 
traffic during the enforcement periods. The COTP or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other means 
of public notice at least 1 hour in advance of each enforcement period.
    The duration of the safety zone is intended to ensure the safety of 
life and vessels on these navigable waters before, during, and after 
the scheduled event. 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 Sector Ohio Valley. They may be contacted on 
VHF-FM Channel 16 or by telephone at 1-800-253-7465. Persons and 
vessels permitted to enter this regulated area must transit at their 
slowest safe speed and comply with all lawful directions issued by the 
COTP or the designated representative.

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 12866 and 13563 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. This safety 
zone will be in place on a one and a half mile stretch of the Ohio 
River during daytime hours only for eleven days. The Coast Guard will 
issue Local Notice to Mariners and Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the temporary safety zone. This rule 
also allows vessels to seek permission from the COTP or a designated 
representative to enter the safety zone.

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 
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 (Public Law 104-

[[Page 15501]]

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 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 made a determination 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 that prohibits entry on a one and a half 
mile stretch of the Ohio River during daytime hours only for eleven 
days. 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.T08-0291 to read as follows:


Sec.  165.T08-0291  Safety zone; Ohio River, Cincinnati, OH.

    (a) Location. All navigable waters of the Ohio River between mile 
marker (MM) 490.0 and MM 491.5 in Cincinnati, OH.
    (b) Effective date. This section is effective from April 12, 2018 
through April 22, 2018, or until the wire crossing operation is 
completed, whichever occurs first.
    (c) Periods of enforcement. This section will be enforced during 
daylight hours from April 12, 2018 through April 22, 2018, prior to, 
during, and 30 minutes after any vessel movement and wire transfer 
operations at Miami Fort. The Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative will inform the public through 
Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNM), or 
through other means of public notice at least 1 hour in advance of each 
enforcement period. A safety vessel will coordinate all vessel traffic 
during the enforcement of this safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative. Persons or vessels desiring to 
enter into or pass through the zone must request permission from the 
COTP or a designated representative. They may be contacted on VHF-FM 
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter this safety zone must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners BNMs, LNMs, and other means of the enforcement period for the 
temporary safety zone as well as any changes in the planned schedule.

    Dated: April 6, 2018.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio 
Valley.
[FR Doc. 2018-07451 Filed 4-10-18; 8:45 am]
 BILLING CODE 9110-04-P


