[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48422-48424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22594]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0913]
RIN 1625-AA00


Safety Zone; Ohio River, 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 navigable waters of the Ohio River extending from mile marker (MM) 
469.5 to MM 470.1. This action is necessary to provide for the safety 
of life on the navigable waters near Cincinnati, OH, during the Arthur 
Rozzi Pyrotechnics display. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the 
Port, Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 7:45 p.m. through 8:45 p.m. on 
October 19, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0913 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 about this 
proposed rulemaking, call or email Petty Officer Joshua Herriott, 
Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5343, email 
<a href="/cdn-cgi/l/email-protection#1852776b706d79364a36507d6a6a71776c6c586d6b7b7f36757174"><span class="__cf_email__" data-cfemail="9cd6f3eff4e9fdb2ceb2d4f9eeeef5f3e8e8dce9effffbb2f1f5f0">[email protected]</span></a>.

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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)(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. This action is 
necessary to ensure the safety of life during the Arthur Rozzi 
Pyrotechnics display. It is impracticable to publish an NPRM because 
the Coast Guard must establish this safety zone by October 19, 2017 and 
we lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Delaying this rule would be contrary to public 
interest in ensuring the safety of spectators and vessels during the 
event because immediate action is necessary to prevent possible loss of 
life and property. Broadcast Notices to Mariners (BNM) and sharing 
information with the waterway users will update mariners of the 
restrictions, requirements and enforcement times during this temporary 
situation.

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 Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the fireworks display from 7:45 
p.m. through 8:45 p.m. on October 19, 2017 will be a safety concern for 
all navigable waters of the Ohio River extending from mile marker (MM) 
469.5 to MM 470.1. The purpose of this rule is to ensure safety of life 
on the navigable waters in the temporary safety zone before, during, 
and after the Arthur Rozzi Pyrotechnics Display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7:45 p.m. 
through 8:45

[[Page 48423]]

p.m. on October 19, 2017. The temporary safety zone will cover all 
waters of the Ohio River extending from MM 469.5 to MM 470.1. The 
duration of the temporary safety zone is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
scheduled fireworks display. No vessel or person will be permitted to 
enter the temporary safety zone without obtaining permission from the 
COTP or a designated representative.
    Requests to enter the safety zone will be considered and reviewed 
on a case-by-case basis. The COTP may be contacted by telephone at 1-
800-253-7475 or can be reached by VHF-FM channel 16. Public 
notifications will be made to the local maritime community prior to the 
event through the Local Notice to Mariners and Broadcast Notice to 
Mariners.

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 temporary safety zone. The 
temporary safety zone will only be in effect for one hour and covers an 
area of the waterway extending less than one mile. The Coast Guard 
expects minimum adverse impact to mariners from the temporary safety 
zone activation as the event has been advertised to the public. Also, 
mariners may request authorization from the COTP or a designated 
representative to transit the temporary 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 
special local regulation 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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 special local regulated area that would prohibit entry 
for one hour and covers an area of the waterway extending less than one 
mile on the Ohio River. It is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A 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

[[Page 48424]]

jeopardizing the safety or security of people, places or vessels.

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; 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.T08-0913 to read as follows:


Sec.  165.T08-0913   Safety zone; Ohio River, Cincinnati, OH.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River between mile marker (MM) 469.5 and MM 470.1 in 
Cincinnati, OH.
    (b) Effective period. This temporary safety zone will be enforced 
from 7:45 p.m. through 8:45 p.m. on October 19, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative. Persons or vessels desiring to 
enter into or pass through the zone must request permission from the 
COTP or a designated representative. They may be contacted on VHF-FM 
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP or 
a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: October 10, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-22594 Filed 10-17-17; 8:45 am]
 BILLING CODE 9110-04-P


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