[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21712-21714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09920]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0422]
RIN 1625-AA00
Safety Zone; Ohio River Mile Marker 27.8 to Mile Marker 28.2,
Vanport, PA
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 from mile marker 27.8 to mile
marker 28.2 near the Vanport Highway Bridge. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a cargo movement near the Vanport Highway
Bridge in Vanport, PA. Entry of vessels or persons into this zone is
prohibited unless authorized by the Captain of the Port Marine Safety
Unit Pittsburgh or a designated representative.
DATES: This rule is effective without actual notice from May 10, 2018
until 6 p.m. on May 11, 2018. For the purposes of enforcement, actual
notice will be used from 8 a.m. on May 6, 2018 until May 10, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0422 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 Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
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
On May 3, 2018, Bechtel notified the Coast Guard that a cargo
movement in the vicinity of the Vanport Highway Bridge could create
potential hazards for the bridge's structural integrity. 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. We did
not receive notice of this cargo operation until May 3, 2018. This
safety zone must be established by May 6, 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 date of the cargo
operation 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 the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to protect the public and vessels
from the potential safety hazards associated with the cargo movement
operation.
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 Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with a cargo movement
operation that will take place during the week of May 6, 2018 will be a
safety concern for anyone within a half-mile stretch of the Ohio River.
This rule is necessary to protect personnel, vessels, and the marine
environment in the navigable waters before, during, and after the cargo
movement.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. on May 6, 2018
through 6 p.m. on May 11, 2018 for all navigable waters of the Ohio
River from mile marker 27.8 to mile marker 28.2. Entry into this safety
zone during the enforcement period is prohibited, unless authorized by
the COTP or a designated representative. Subject to the cargo delivery
intervals and potential inclement weather, the period of
[[Page 21713]]
enforcement will be 30 minutes prior to, during, and 1 hour after any
cargo movement near the Vanport Highway Bridge. The Coast Guard was
informed that the operation would take place during daylight hours only
and last approximately 4 hours. A safety vessel will coordinate all
vessel traffic during the enforcement period. The COTP or a designated
representative will inform the public through Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), and/or Marine Safety
Information Broadcasts (MSIBs), or through other means of public notice
as appropriate at least 3 hours in advance of the enforcement period.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during cargo movement
operations. 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 Marine Safety Unit Pittsburgh. They may be
contacted on VHF-FM Channel 16 or 67. 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-year of the safety zone. This safety
zone will be enforced for a period of four hours on one day on less
than a half mile of the Ohio River. 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 (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 safety zone that prohibits entry on a half-mile stretch of the Ohio
River for 4 hours on one day during the week from May 6, 2018 through
May 11, 2018. 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
[[Page 21714]]
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
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.T08-0422 to read as follows:
Sec. 165.T08-0422 Safety Zone; Ohio River mile marker 27.8 to mile
marker 28.2, Vanport, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River from mile marker (MM) 27.8 to MM 28.2.
(b) Effective period. This rule is effective from 8 a.m. on May 6,
2018 through 6 p.m. on May 11, 2018.
(c) Enforcement period. This section will be enforced during the
week of May 6, 2018 through May 11, 2018 subject to cargo delivery
intervals and potential inclement weather, 30 minutes prior to, during,
and 1 hour after any cargo movement in the vicinity of the Vanport
Highway Bridge. The Captain of the Port Marine Safety Unit Pittsburgh
(COTP) or a designated representative will inform the public of the
enforcement period through Broadcast Notice to Mariners (BNM), Local
Notices to Mariners (LNM), and/or Marine Safety Information Broadcasts
(MSIBs) or through other means of public notice at least 3 hours in
advance of the 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, entry into this zone is prohibited unless authorized by
the COTP or 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 Marine Safety
Unit Pittsburgh.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) All 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 the designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: May 4, 2018.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-09920 Filed 5-9-18; 8:45 am]
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