[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Rules and Regulations]
[Pages 56702-56703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23116]



[[Page 56702]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0849]
RIN 1625-AA00


Safety Zone; Kanawha River, 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 
navigable waters on the Kanawha River from mile marker (MM) 60.8 to MM 
61.3. The safety zone is needed to protect personnel, vessels, and the 
marine environment from hazards created by repair work on several large 
power lines crossing the river. 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 without actual notice from October 23, 
2019 until through November 23, 2019. For the purposes of enforcement, 
actual notice will be used from October 19, 2019 until October 23, 
2019. This rule will be enforced from 9 a.m. through 3 p.m. on Mondays 
through Saturdays, and from 7 a.m. through 11 p.m. on Sundays from 
October 19, 2019 through November 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0849 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 we must establish the safety zone by 
October 19, 2019 and lack sufficient time to request public 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 the power line crossing on the Kanawha River between mile marker 
(MM) 60.8 and MM 61.3.

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 
power line crossing on October 19 through November 23, 2019, will be a 
safety concern for anyone on the Kanawha River from mile marker (MM) 
60.8 to MM 61.3. This rule is needed to protect personnel, vessels, and 
the marine environment in the navigable waters within the safety zone 
while the power line are being replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. through 3 p.m. on 
Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays 
from October 19, 2019 through November 23, 2019. The safety zone covers 
all navigable waters from MM 60.8 to MM 61.3 on the Kanawha River. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters for the duration of the 
power line crossing is being repaired. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. 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.

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 and 
location of the safety zone. This rule involves a safety zone lasting 
for less than a month and covering the limited area of less than two 
miles. In addition, vessel traffic will be able to reach out to the 
safety boat on scene to coordinate safe passage through the safety zone 
which will impact one-half mile stretch of the Kanawha River. The Coast 
Guard will publish a Local Notice to Mariners (LNMs), and issue a 
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about 
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.

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    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 a safety zone lasting from October 19, 
2019 through November 23, 2019 that will limit access of the Kanawha 
River from MM 60.8 to MM 61.3. It is categorically excluded from 
further review under paragraph L60(d) 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 165

    Harbors, Marine safety, Navigation (waters), 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: 46 U.S.C. 70034, 70051; 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.T08-0849 to read as follows:


Sec.  165.T08-0849  Safety Zone; Kanawha River, Charleston, WV.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Kanawha River from Mile Marker (MM) 60.8 to MM 61.3 near 
Charleston, WV.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless 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 the safety zone must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (c) Effective period. This rule is effective without actual notice 
from October 23, 2019 until through November 23, 2019. For the purposes 
of enforcement, actual notice will be used from October 19, 2019 until 
October 23, 2019.
    (d) Enforcement periods. This section will be enforced from 9 a.m. 
through 3 p.m. on Monday through Saturday, and from 7 a.m. through 11 
a.m. on Sundays, from October 19, 2019, through November 23, 2019.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public when the safety zone is being enforced via a 
Local Notice to Mariners (LNMs) and a Broadcast Notice to Mariners 
(BNMs) via VHF-FM marine channel 16.

    Dated: October 18, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio 
Valley.
[FR Doc. 2019-23116 Filed 10-22-19; 8:45 am]
 BILLING CODE 9110-04-P


