[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45901-45903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18868]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0329]
RIN 1625-AA08


Special Local Regulation; Ohio River, Portsmouth, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters on the Ohio River in the vicinity 
of Portsmouth, OH. This special local regulation is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by a marine regatta. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 9 a.m. on August 31, 2019 through 4 
p.m. on September 2, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0329 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 MST3 Wesley Cornelius, MSU Huntington, U.S. Coast Guard; 
304-733-0198, Wesley.p.cornelius@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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. It is 
impracticable to publish an NPRM because we must establish this zone by 
August 31, 2019 and lack sufficient time to request comments and 
respond to those comments before the zone must be established.
    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 contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with a marine regatta at Portsmouth, OH.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio 
Valley (COTP) has determined that potential hazards associated with the 
Portsmouth Boat Race starting August 31, 2019, will be a safety concern 
for anyone from mile marker (MM) 355.5 to MM 356.8 on the Ohio River. 
The special local regulation will be enforced on a small area of the 
Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, from 7 a.m. 
through 5:30 p.m. on September 1, 2019, and from 7 a.m. through 4 p.m. 
on September 2, 2019. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
special local regulation for the duration of the Portsmouth Boat Race.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 9 a.m. on 
August 31, 2019 through 4 p.m. on September 2, 2019. This regulation 
will cover all navigable waters of the Ohio River from MM 355.5 to MM 
356.8. The duration of the special local regulation is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the Portsmouth Boat Race. No vessel or person 
will be permitted to enter the special local regulation without 
obtaining permission from the 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.
    Persons and vessels permitted to enter the safety zone must transit 
at the 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 through Broadcast Notices to 
Mariners of the enforcement period for the safety zone, as well as any 
changes in the dates and times of enforcement.

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 size, location, 
and duration of the special local regulation. The special local 
regulation will be enforced from mile marker (MM) 355.5 to MM 356.8 on 
the Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, from 7 
a.m. through 5:30 p.m. on September 1, 2019, and from 7 a.m. through 4 
p.m. on September 2, 2019. Breaks have been scheduled so that the event 
does not significantly impede commercial traffic. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via

[[Page 45902]]

VHF-FM marine channel 16 about the zone and the rule would allow 
vessels to seek permission to enter or transit 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 
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 
call or email 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 call or email 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 Environmental Planning COMDTINST 5090.1 (series), 
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 special local regulation lasting from 
August 31, to September 2, 2019 that would periodically restrict entry 
into the race course from MM 355.5 to MM 356.8. It is categorically 
excluded from further review under paragraph L61 in Table 3-1 of U.S. 
Coast Guard Environmental Planning Implementing Procedures. 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 call or email 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0329 to read as follows:


Sec.  100.35T08-0329   Special Local Regulation; Ohio River, 
Portsmouth, OH.

    (a) Location. All navigable waters of the Ohio River from MM 355.5 
to MM 356.8 Portsmouth, OH.
    (b) Effective period. This section is effective from August 31, 
2019 through September 2, 2019.
    (c) Enforcement period. The section will be enforced from 9 a.m. 
through 6 p.m. on August 31, 2019, from 7 a.m. through 5:30 p.m. on 
September 1, and from 7 a.m. through 4 p.m. on September 2, 2019.
    (d) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.35, entry into this area is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.
    (2) Vessels are permitted to transit the regulated area during 
scheduled breaks for commercial traffic. There shall be no anchoring or 
loitering in the navigation channel. Vessels transiting into and away 
from this area are restricted to the slowest safe speed creating 
minimum wake.
    (3) The COTP may terminate the event or the operation of any vessel 
at any time it is deemed necessary for the protection of life or 
property.
    (4) All persons or vessels desiring entry into or passage through 
the area must request permission from the COTP or a designated 
representative. U. S. Coast Guard Sector Ohio Valley may be contacted 
on VHF Channel 13 or 16, or at 1-800-253-7465.


[[Page 45903]]


    Dated: August 23, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port Ohio Valley.
[FR Doc. 2019-18868 Filed 8-30-19; 8:45 am]
 BILLING CODE 9110-04-P


