[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Rules and Regulations]
[Page 58606-58608]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Louisville-03-009]
RIN 1625-AA00
Safety Zone; Ohio River, Miles 469.6 to 470.5, Extending 900 Feet
from the Ohio Shoreline, 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 waters of the Ohio River extending 900 feet from the Ohio shoreline
beginning at mile marker 469.6 and ending at mile marker 470.5. This
zone is necessary to protect participants, spectators and vessels from
the potential safety hazards associated with the 2003 Tall Stacks
Heritage Festival. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Louisville or a
designated representative.
DATES: This rule is effective from 8 a.m. on October 14, 2003 until 1
p.m. on October 20, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Louisville-03-009] and are
available for inspection or copying at Marine Safety Office Louisville,
600 Martin Luther King Junior Place, Room 360, Louisville,
[[Page 58607]]
KY 40202-2230, between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Tom Lake, Marine
Safety Office Louisville, Planning Department, at (502) 582-5194.
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 making this rule effective less than 30 days
after publication in the Federal Register. Publishing an NPRM and
delaying its effective date would be contrary to public interest since
immediate action is needed to protect participants, vessels and
mariners from the hazards associated with the 2003 Tall Stacks Heritage
Festival.
Background and Purpose
The Captain of the Port Louisville is establishing a safety zone
for all waters of the Ohio River extending 900 feet from Ohio shoreline
beginning at mile marker 469.6 and ending at mile marker 470.5. The
event requires a safety zone due to the number of commercial vessels
that regularly transit the area, the potential for a large spectator
vessel turnout and the need to control vessel traffic in the vicinity
of the 2003 Tall Stacks Heritage Festival. 17 paddle wheel vessels will
be moored in this zone. Over 25,000 waterborne spectators are expected
to be in the vicinity of these paddle wheel vessels at any one time.
Unauthorized access by a recreational or commercial vessel could create
a hazardous condition that would endanger the safety of participants or
spectators. Entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Louisville 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 rule will only be in effect for a short period of time and
notifications to the maritime community will be made through broadcast
notice to mariners. The impacts on routine navigation are expected to
be minimal as this safety zone will only extend 900 feet from the Ohio
shoreline. Vessels intending to transit between miles 469.6 and 470.5
may do so if they transit at a distance no closer than 900 feet from
the Ohio shoreline.
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 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 recreational and
commercial towing vessels intending to transit within 900 feet of the
Ohio shoreline from mile marker 469.6 to mile marker 470.5, from 8 a.m.
on October 14, 2003 until 1 p.m. on October 20, 2003. This safety zone
will not have a significant economic impact on a substantial number of
small entities because this rule will be in effect for only a short
period of time, and the safety zone will not extend the entire width of
the river. Vessels intending to transit between miles 469.6 and 470.5
may do so if they transit at a distance no closer than 900 feet from
the Ohio shoreline.
If you are a small business entity and are significantly affected
by this regulation please contact LT Tom Lake, Marine Safety Office
Louisville, Planning Department, at (502) 582-5194.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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
[[Page 58608]]
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 determined 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 M16475.1D,
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 adverse environmental impact as described in NEPA.
Paragraph (34)(g) is applicable because this rule is establishing a
safety zone that will be effective for a period greater than one week.
A final ``Environmental Analysis Check List'' and a final ``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; 50
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L.
103-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary Sec. 165.T08-129 is added to read as follows:
Sec. 165.T08-129 Safety Zone; Ohio River, Miles 469.6 to 470.5,
Extending 900 feet from the Ohio shoreline, Cincinnati, OH.
(a) Location. The following area is safety zone: All waters of the
Ohio River extending 900 feet from the Ohio shoreline beginning at mile
marker 469.6 and ending at mile marker 470.5.
(b) Effective date. This section is effective from 8 a.m. on
October 14, 2003 until 1 p.m. on October 20, 2003.
(c) 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 Louisville or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Louisville or
a designated representative. They may be contacted on VHF Channel 13 or
16.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Louisville 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: September 12, 2003.
T.D. Gilbreath,
Commander, U.S. Coast Guard, Captain of the Port Louisville.
[FR Doc. 03-25683 Filed 10-9-03; 8:45 am]
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