[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23226-23228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10625]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0441]
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. This safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by two separately occurring cargo movements
near the Vanport Highway Bridge in Vanport, PA. Entry of vessels or
persons into the 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 18, 2018
through 6 p.m. on May 27, 2018. For the purposes of enforcement, actual
notice will be used from 8 a.m. on May 12, 2018 through May 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0441 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:
[[Page 23227]]
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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 8, 2018, Bechtel notified the Coast Guard that there will be
two cargo movements in the vicinity of the Vanport Highway Bridge that
could create potential hazards for the bridge's structural integrity
over the next several weeks. 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 these
cargo operations until May 8, 2018. The safety zone must be established
by May 12, 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
zones until after the dates of the cargo operations 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 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 two cargo movement
operations that will take place between May 12, 2018 and May 27, 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 movements.
IV. Discussion of the Rule
This rule establishes a safety zone for all navigable waters of the
Ohio River from mile marker 27.8 to mile marker 28.2. It is effective
from 8 a.m. on May 12, 2018 through 6 p.m. on May 27, 2018. Entry into
the 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 periods
of 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 two cargo movement operations would take place during
daylight hours only and last approximately 4 hours each. A safety
vessel will coordinate all vessel traffic during the enforcement
periods. 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 periods. The duration of the zones 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 zones. This safety
zone will be enforced for a period of approximately four hours on two
separate days between May 12, 2018 and May 27, 2018 on less than a half
mile of the Ohio River. The Coast Guard will issue LNMs, BNMs, and
MSIBs, about the temporary safety zone, and this rule allows vessels to
seek permission from the COTP or a designated representative to enter
the safety zones.
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
these safety zones 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.
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
[[Page 23228]]
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 between May 12, 2018 and May 27, 2018. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination
will be made 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.T08-0441 to read as follows:
Sec. 165.T08-0441 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 section is effective from 8 a.m. on May
12, 2018 through 6 p.m. on May 27, 2018.
(c) Enforcement period. Subject to cargo delivery intervals and
potential inclement weather, this section will be enforced on two
separate occasions during the effective period. Each will be 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 these
safety zones.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into the 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 the 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 LNMs, BNMs, or MSIBs as appropriate.
Dated: May 11, 2018
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-10625 Filed 5-17-18; 8:45 am]
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