2019-15102. Safety Zone; Ohio River, Portsmouth, OH  

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    AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Ohio River from Mile Marker (MM) 355.8 to MM 356.8. This action is necessary to provide for the safety of life on these navigable waters near Portsmouth, OH, during a firework display on September 1, 2019. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless otherwise authorized by the Captain of the Port Ohio Valley or designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before August 15, 2019.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2019-0552 using the Federal eRulemaking Portal at https://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email MST3 Wesley Cornelius, Waterways Management, MSU Huntington, U.S Coast Guard; telephone 304-733-0198, email Wesley.P.Cornelius@uscg.mil.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations

    CFR Code of Federal Regulations

    COTP Captain of the Port Sector Ohio Valley

    DHS Department of Homeland Security

    FR Federal Register

    NPRM Notice of proposed rulemaking

    § Section

    U.S.C. United States Code

    II. Background, Purpose, and Legal Basis

    On May 8, 2019, Hamburg Fireworks notified the Coast Guard that it would be conducting a firework display from the Kentucky Shoreline to commemorate the Labor Day from 10 p.m. to 10:30 p.m. on September 1, 2019. Hazards from the fireworks display include accidental discharge of fireworks, dangerous projectiles, and falling hot embers and other debris. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within the Safety Zone.

    The purpose of this rulemaking is to ensure the safety of persons on these navigable waters within half of a nautical mile up-river and down-river of the launch site before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under the authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

    III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary safety zone from 10 p.m. to 10:30 p.m. on September 1, 2019. The safety zone would cover all navigable waters from Ohio River Mile Marker (MM) 355.8 to MM 356.8. The duration of the regulation is intended to ensure the safety of life on these navigable waters before, during, and after the scheduled regatta. No person would be permitted to enter the area without obtaining approval from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, the NPRM 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 safety zone. The safety zone will be enforced on a small area of the Ohio River from 10 p.m. to 10:30 p.m. on September 1, 2019. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 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 proposed rule would not have a significant economic impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSE S) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    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 proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions Start Printed Page 33881concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would 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 proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

    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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    F. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a safety zone lasting 0.5 hours that would prohibit entry from Ohio River MM 355.8 to MM 356.8. Normally such actions are categorically excluded from further review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. A preliminary Record of Environmental Consideration supporting this determination is 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 proposed rule.

    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.

    V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to https://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https://www.regulations.gov/​privacyNotice.

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

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    List of Subjects in 33 CFR Part 165

    • Harbors
    • Marine safety
    • Navigation (water)
    • Reporting and recordkeeping requirements
    • Security Measures
    • Waterways
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    For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows:

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    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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    1. The authority citation for part 165 continues to read as follows:

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    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.

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    2. Add § 165.T08-0552 to read as follows:

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    Safety Zone; Ohio River, Portsmouth, OH

    (a) Location. The following area is a safety zone: All navigable waters of the Ohio River from Mile Marker (MM) 355.8 to MM 356.8 near Portsmouth, OH.

    (b) Period of enforcement. This section will be enforced from 10 p.m. through 10:30 p.m. on September 1, 2019.

    (c) 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 the COTP's designated representative.

    (2) To seek permission to enter the temporary zone, contact the COTP or the COTP's designated representative. The COTP or designated representative may be contacted on VHF Channel 13 or 16 or at 1-800-253-7565. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.

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    Dated: July 10, 2019.

    A. M. Beach,

    Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.

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    [FR Doc. 2019-15102 Filed 7-15-19; 8:45 am]

    BILLING CODE 9110-04-P

Document Information

Published:
07/16/2019
Department:
Homeland Security Department
Agency:
Coast Guard
EntryType:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
2019-15102
Dates:
Comments and related material must be received by the Coast Guard on or before August 15, 2019.
Pages:
33880-33881 (2 pages)
Docket Numbers:
Docket Number USCG-2019-0552
RIN:
1625-AA00: Safety Zone Regulations
RINLinks:
https://www.federalregister.gov/regulations/1625-AA00/safety-zone-regulations
SectionNoes:
165.T08-0552
Topics:
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways
PDF File:
2019-15102.pdf
CFR: (1)
33 CFR 165.T08-0552