[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51334-51336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22155]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0855]
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) 469 to MM 470.5 in Cincinnati, OH. 
This safety zone is necessary to provide for the safety of persons, 
vessels, and the marine environment during the Yeatman's Cove fireworks 
display. Entry into, transiting through, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 8 p.m. through 9 p.m. on October 11, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0855 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 Matthew Roberts, Marine Safety Detachment 
Cincinnati, U.S. Coast Guard; telephone 513-921-9033, email [email protected].

SUPPLEMENTARY INORMATION:

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)(3)(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. This 
safety zone must be established by October 11, 2018, and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the safety zone until after the 
scheduled date of the fireworks and compromise public safety.
    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 this rule would be 
contrary to public interest because immediate action is necessary to 
respond to the potential safety hazards associated with the fireworks 
display.

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 fireworks display will be a 
safety concern for all navigable waters of the Ohio River extending 
from mile marker (MM) 469 to MM 470.5. The purpose of this rule is to 
ensure safety of persons, vessels, and the marine environment before, 
during, and after the Yeatman's Cove fireworks.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 p.m. through 9 
p.m. on October 11, 2018. The temporary safety zone will cover all 
navigable waters of the Ohio River, extending the entire width of the 
river, from MM 469 to MM 470.5. The duration of the temporary safety 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled fireworks display.
    No vessel or person will be permitted to enter the temporary 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 USCG Sector Ohio Valley. Persons or vessels may 
request permission to enter the safety zone from the COTP or a 
designated representative. They may be contacted on VHF-FM radio 
channel 16 or phone at 1-800-253-7465. If permission is granted, all 
persons and vessels must transit at their slowest safe speed and comply 
with all lawful directions issued by the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement date and times for this safety zone, as well 
as any changes, through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs) as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking.

[[Page 51335]]

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, and duration of the temporary safety zone. This temporary 
safety zone impacts a one and a half-mile stretch of the Ohio River for 
one hour on one evening. Moreover, the Coast Guard will issue BNMs via 
VHF-FM marine channel 16 about the zone, and the rule allows vessels to 
seek permission to enter the 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 
temporary 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 (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 
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 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 
a temporary safety zone that will prohibit entry on a one and a half 
mile stretch of the Ohio River for one hour. This rule 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 preliminary 
Record of Environmental Consideration (REC) 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.T08-0855 to read as follows:


Sec.  165.T08-0855  Safety Zone; Ohio River, Cincinnati, OH.

    (a) Location. All navigable waters of the Ohio River, extending the 
entire width of the river, from mile marker (MM) 469 to MM 470.5 in 
Cincinnati, OH.

[[Page 51336]]

    (b) Effective period. This section is effective from 8 p.m. through 
9 p.m. on October 11, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Ohio Valley (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 USCG Sector Ohio 
Valley.
    (2) 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.
    (3) If permission is granted, all persons and vessels must transit 
at their slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement date and times 
for this safety zone, as well as any changes, through Broadcast Notices 
to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine 
Safety Information Bulletins (MSIBs) as appropriate.

    Dated: October 5, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-22155 Filed 10-10-18; 8:45 am]
 BILLING CODE 9110-04-P


