[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Rules and Regulations]
[Pages 56469-56471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23178]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0723]
RIN 1625-AA00


Safety Zone; Ohio River, Wheeling, WV, Wheeling Heritage Port 
Sternwheel Foundation Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone from Mile Marker 
90.2 to Mile Marker 90.5 on the Ohio River extending the full width of 
the river. The safety zone is needed to protect spectators and marine 
traffic during the Wheeling Heritage Port Sternwheel Foundation 
fireworks display. Entry into the safety zone is prohibited, unless 
specifically authorized by the Captain of the Port Pittsburgh or a 
designated representative.

DATES: This rule is effective from September 18, 2010 through September 
19, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2010-0723 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0723 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 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 
temporary rule, call or e-mail ENS Robyn Hoskins, Marine Safety Unit 
Pittsburgh, Coast Guard; telephone 412-644-5808 Ext. 2140, e-mail 
<a href="/cdn-cgi/l/email-protection#25774a475c4b0b620b6d4a564e4c4b5665505646420b484c49"><span class="__cf_email__" data-cfemail="065469647f682841284e69756d6f68754673756561286b6f6a">[email protected]</span></a>. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory 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). 
A NPRM would be impracticable with respect to this rule because 
immediate action is needed to protect spectators and marine traffic 
during the Wheeling Heritage Port Sternwheel Foundation fireworks 
display that will occur in the city of Wheeling, WV.
    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 would 
be impracticable and contrary to public interest because immediate 
action is needed to protect spectators and marine traffic during the 
Wheeling Heritage Port Sternwheel Foundation fireworks display.

Basis and Purpose

    The Coast Guard is establishing a safety zone from Mile Marker 90.2 
to Mile Marker 90.5 on the Ohio River extending the full width of the 
river. The safety zone is needed to protect spectators and marine 
traffic during the Wheeling Heritage Port Sternwheel Foundation 
fireworks display.

Discussion of Rule

    Vessels shall not enter into, depart from, or move within the 
safety zone without permission from the Captain of the Port Pittsburgh 
or his authorized representative. Persons or vessels requiring entry 
into or passage through the safety zone must request permission from 
the Captain of the Port Pittsburgh, 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. This safety zone will be 
enforced from 8:45 p.m. to 10:15 p.m. on September 18, 2010. In the 
event of rain, this safety zone will be enforced from 8:45 p.m. to 
10:15 p.m. on September 19, 2010. The Captain of the Port Pittsburgh 
will inform the public through broadcast notices to mariners of the 
enforcement period for the safety zone as well as any changes in the 
planned schedule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses

[[Page 56470]]

based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. We expect the economic impact of this 
proposed rule to be so minimal that a full Regulatory Assessment is 
unnecessary. This rule will only be in effect for a short period of 
time and notifications to the marine community will be made through 
broadcast notice to mariners. The impacts on routine navigation are 
expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 
would not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit that portion of the waterways from Mile Marker 
90.2 to Mile Marker 90.5 on the Ohio River extending the full width of 
the, from 8:45 p.m. to 10:15 p.m. The safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for only a short period of time and during 
a time period where vessel traffic is low. Before activation of the 
safety zone, we would issue maritime advisories widely available to 
users of the rivers.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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

[[Page 56471]]

(NEPA) (42 U.S.C. 4321-4370f), and have concluded 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 is categorically 
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This 
rule involves establishing, disestablishing, or changing Regulated 
Navigation Areas and security or safety zones.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security Measures, Waterways.


0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Add Sec.  165.T08-0723 to read as follows:


Sec.  165.T08-0723  Wheeling Heritage Port Sternwheel Foundation 
fireworks display, Ohio River, Pittsburgh, PA.

    (a) Location. All waters of the Ohio River, from surface to bottom, 
from Mile Marker 90.2 to Mile Marker 90.5 on the Ohio River, extending 
the width of the river. These markings are based on the USACE's Ohio 
River Navigation Charts (Chart 1, January 2000).
    (b) Effective period. This section is effective from 8:45 p.m. 
through 10:15 p.m. on September 18, 2010 (rain date September 19, 
2010).
    (c) Periods of Enforcement. This section will be enforced from 8:45 
p.m. through 10:15 p.m. on September 18, 2010 (rain date September 19, 
2010). The Captain of the Port Pittsburgh or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the planned schedule.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited unless authorized by the 
Captain of the Port Pittsburgh.
    (2) Persons or vessels requiring entry into, departure from, or 
passage through a safety zone must request permission from the Captain 
of the Port Pittsburgh 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 Pittsburgh 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.

    Dated: August 16, 2010.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting, Captain of the Port 
Pittsburgh.
[FR Doc. 2010-23178 Filed 9-15-10; 8:45 am]
BILLING CODE 9110-04-P


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