[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31868-31870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12822]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0080]
RIN 1625-AA00
Safety zone; Cincinnati Reds Fireworks Displays Ohio River, Mile
470.1-470.4; 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 470.1 to mile 470.4, extending 500 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 Reds Season 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 without actual notice from June 3, 2014
until November 15, 2014. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, March 24, 2014, until
November 15, 2014.
The scheduled enforcement times and dates for this rule are: From
9:00 p.m. until 11:30 p.m. on April 2 & 11; May 2, 9 & 23; June 6 & 20;
July 4, 11 & 25; August 8 & 22; and September 5 & 26, 2014. Should the
Cincinnati Reds make the playoffs and have additional home games, the
Coast Guard will provide advance notification of enforcement periods
via Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Marine Safety Information Bulletins as appropriate.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0080. 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 513-921-9033 x2113, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl F. 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
schedule for the Cincinnati Reds Season Fireworks displays, based on
the Reds' home game schedule, on January 28, 2014. 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 Reds' schedule and these fireworks displays
are advertised to the local community by and through the Cincinnati
Reds organization. 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
Multiple fireworks displays are planned to conclude the Cincinnati
Reds home games scheduled on April 2 & 11; May 2, 9 & 23; June 6 & 20;
July 4, 11 & 25; August 8 & 22; and September 5 & 26, 2014. These
displays will feature fireworks being launched
[[Page 31869]]
from the Great American Ballpark Stadium, located near the shoreline
between miles 470.1 and 470.4 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; Public Law 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 display on and over the waterway.
C. Discussion of the Final Rule
The COTP Ohio Valley is establishing a temporary safety zone from
9:00 p.m. to 11:30 p.m. on April 2 & 11; May 2, 9 & 23; June 6 & 20;
July 4, 11 & 25; August 8 & 22; September 5 & 26, 2014 for the
Cincinnati Reds Season Fireworks. The fireworks will be launched from
the Great American Ballpark Stadium and the safety zone will include
all waters between Ohio River miles 470.1 and 470.4, extending 500 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. Should the Cincinnati Reds make the playoffs and have
additional home games, the Coast Guard will provide advance
notification of enforcement periods via Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Marine Safety Information Bulletins
as appropriate.
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 Reds home games. 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 470.1 to 470.4, within 500
ft. of the Ohio shoreline from 9:00 p.m. to 11:30 p.m. on April 2 & 11;
May 2, 9 & 23; June 6 & 20; July 4, 11 & 25; August 8 & 22; September 5
& 26, 2014.
This safety zone would not have a significant economic impact on a
substantial number of small entities because it is limited in size and
will be enforced for a limited time period following certain scheduled
Cincinnati Reds home games. 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.
[[Page 31870]]
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 Reds Season 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 safety zone Sec. 165.T08-0080 is added to read as
follows:
Sec. 165.T08-0080 Safety Zone; Cincinnati Reds Fireworks Displays
Ohio River, Mile 470.1-470.4, Cincinnati, OH.
(a) Location. The following area is a temporary safety zone: all
waters of the Ohio River, surface to bottom, from mile 470.1 to mile
470.4 on the Ohio River, extending 500 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 115
June 2010).
(b) Effective dates and enforcement periods. This safety zone is
effective from April 2, 2014 through November 15, 2014, and will be
enforced from 9:00 p.m. to 11:30 p.m. on the following dates: April 2 &
11; May 2, 9 & 23; June 6 & 20; July 4, 11 & 25; August 8 & 22;
September 5 & 26. Should the Cincinnati Reds make the playoffs and have
additional home games, the Coast Guard will provide the game dates and
enforcement periods as soon as practicable with advance notification
via Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Marine Safety Information Bulletins as appropriate.
(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: March 24, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-12822 Filed 6-2-14; 8:45 am]
BILLING CODE 9110-04-P