[Federal Register: June 9, 2003 (Volume 68, Number 110)]
[Rules and Regulations]
[Page 34305-34307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Huntington-03-001]
RIN 1625-AA00
Safety Zone; Ohio River Miles 171.5 to 172.5, Marietta, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Ohio River beginning at mile 171.5 and ending at mile
172.5, extending the entire width of the river. This safety zone is
needed to provide for the safety of participating vessels and mariners
during the Marietta River Roar, tunnel boat races. All vessels and
persons are prohibited from transiting within this safety zone, except
for participating vessels and mariners, unless authorized by the
Captain of the Port Huntington or a designated representative.
DATES: This rule is effective from 10 a.m. on July 4 until 7 p.m. on
July 5, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (COTP Huntington-03-001) and are
available for inspection or copying at Marine Safety Office Huntington,
1415 6th Ave., Huntington, WV, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer (PO) William Reeves,
Marine Safety Office Huntington, Marine Event Coordinator at (304) 529-
5524.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for not making this rule effective less than 30 days
after publication in the Federal Register. Publishing an NPRM and
delaying the effective date would be contrary to public interest since
immediate action is needed to provide for the safety of participating
vessels and mariners.
Background and Purpose
The Captain of the Port Huntington is establishing a safety zone
from miles 171.5 to 172.5 on the Ohio River extending the entire width
of the river. This safety zone is necessary to ensure the safety of
participating vessels and mariners during the Marietta River Roar
tunnel boat races. Participating vessels are vessels registered with
event officials to race or work in the Marietta
[[Page 34306]]
River Roar, and include race boats, rescue boats, tow boats and picket
boats associated with the race. With the exception of participating
vessels of the Marietta River Roar, all other vessels and persons are
prohibited from transiting within this safety zone between 10 a.m. and
7 p.m. each day unless authorized by the Captain of the Port Huntington
or a designated representative.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This regulation 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
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 will
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 portions of the Ohio River from miles 171.5 to 172.5, from 10
a.m. on July 4 until 7 p.m. on July 5, 2003, and will only be enforced
from 10 a.m. to 7 p.m. each day. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This regulation will be enforced for only a
short period of time, and there will be breaks provided every three
hours during the races. During those breaks the waterway will be
cleared and traffic will be allowed to pass through the zone.
Notification of the safety zone and the break periods will be made to
the marine community by broadcast notice to mariners and event
sponsors.
If you are a small business entity and are significantly affected
by this regulation please contact PO William Reeves, Marine Safety
Office Huntington, Marine Event Coordinator at (304) 529-5524.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could 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).
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 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 effect 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation because this rule is not expected to result in any
significant
[[Page 34307]]
environmental impact as described in NEPA.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6 160.5; Department of Homeland Security Delegation No.
0170.
0
2. From 10 a.m. on July 4, 2003 until 7 p.m. on July 5, 2003 add a new
temporary Sec. 165.T08-050 to read as follows:
Sec. 165.T08-050 Safety Zone; Ohio River Miles 171.5 to 172.5
Marietta, OH.
(a) Definition. Participating Vessels are vessels registered with
event officials to race or work in the Marietta River Roar, and include
race boats, rescue boats, tow boats and picket boats associated with
the race.
(b) Location. The following area is a safety zone: the waters of
the Ohio River from miles 171.5 to 172.5, extending the entire width of
the river.
(c) Periods of enforcement. This section will be enforced from 10
a.m. to 7 p.m. on July 4 and July 5, 2003. The Captain of the Port
Huntington or a designated representative will inform the public
through broadcast notice to mariners of the enforcement periods for the
safety zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of persons and vessels into this zone
is prohibited unless authorized by the Coast Guard Captain of the Port
Huntington or a designated representative.
(2) Participating vessels are authorized entry within the zone.
(3) Persons or vessels other than participating vessels requiring
entry into or passage through the zone must request permission from the
Captain of the Port Huntington, or a designated representative. They
may be contacted via VHF-FM Channel 13 or 16 or by telephone at (304)
529-5524.
(4) All persons and vessels shall comply with the instructions of
the Captain of the Port Huntington and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
Dated: May 14, 2003.
S.M. Wischmann,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Huntington.
[FR Doc. 03-14431 Filed 6-6-03; 8:45 am]
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