Rule2022-17586
Special Local Regulation; Ohio River, Cincinnati, OH
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2022
Effective
September 4, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation for all navigable waters of the Ohio River, extending the entire width of the river, between mile marker (MM) 464.0-473.0 and the Licking River between MM 0.0-0.3. In the event the Ohio River Gauge is at or above the 45 foot level, the special local regulation will extend west to MM 476.0. This action is necessary to provide for the safety of life on these navigable waters near Cincinnati, OH during Riverfest 2022 on September 4, 2022 through September 5, 2022. This rulemaking prohibits persons and vessels from operating above no wake speeds in the area unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50250-50252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0614]
RIN 1625-AA08
Special Local Regulation; Ohio River, Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for all navigable waters of the Ohio River, extending
the entire width of the river, between mile marker (MM) 464.0-473.0 and
the Licking River between MM 0.0-0.3. In the event the Ohio River Gauge
is at or above the 45 foot level, the special local regulation will
extend west to MM 476.0. This action is necessary to provide for the
safety of life on these navigable waters near Cincinnati, OH during
Riverfest 2022 on September 4, 2022 through September 5, 2022. This
rulemaking prohibits persons and vessels from operating above no wake
speeds in the area unless authorized by the Captain of the Port Sector
Ohio Valley or a designated representative.
DATES: This rule is effective from 12 p.m. on September 4, 2022 through
3 a.m. on September 5, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0614 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Thomas Harp, Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone 513-921-9033, email
<a href="/cdn-cgi/l/email-protection#f9ad919694988ad7b5d7b1988b89b98c8a9a9ed7949095"><span class="__cf_email__" data-cfemail="91c5f9fefcf0e2bfddbfd9f0e3e1d1e4e2f2f6bffcf8fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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. We must
establish this regulation by September 4, 2022 and lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing this rule.
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 of
this rule would be impractable and contrary to the public interest
because immediate action is necessary to protect persons and property
from the dangers associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Ohio Valley
(COTP) has determined that potential hazards with the firework display,
occurring at 12 p.m. on September 4 until 3 a.m. on September 5, 2022,
will be a safety concern for all navigable waters on the Ohio River
between MM 464-473 and the Licking River between MM 0.0-0.3. In the
event the Ohio River Gauge is at or above the 45 foot level, this
regulation will extend west to MM 476.0 on the Ohio River before,
during, and after the scheduled event.
[[Page 50251]]
IV. Discussion of the Rule
This rule establishes a special local regulation from 12 p.m. on
September 4 until 3 a.m. September 5, 2022. The special local
regulation would cover all waters of the Ohio River between MM 464-479
and the Licking River between MM 0.0-0.3. In the event the Ohio River
Gauge is at or above the 45 foot level, this regulation will extend
west to MM 476.0 on the Ohio River in Cincinnati, OH. The duration of
the special local regulation is to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled event.
No vessel or person is permitted to operate above no wake speeds
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of Sector Ohio Valley. They may be contacted on
VHF-FM Channel 16 or by telephone at 1-800-253-7465. Persons and
vessels permitted to enter this regulated area must transit at their
slowest safe speed and comply with all lawful directions issued by the
COTP or the designated representative.
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. 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).
This regulatory action determination is based on the size,
location, duration, time-of-day of the special local regulation. The
special local regulation will be in place from 12 p.m. on September 4,
2022 to 3 a.m. on September 5, 2022 on the Ohio River between MM 464-
479 and the Licking River between MM 0.0-0.3. In the event the Ohio
River Gauge is at or above the 45 foot level, this regulation will
extend west to MM 476.0 on the Ohio River in Cincinnati, OH. The Coast
Guard will issue a written Local Notice to Mariners and Broadcast
Notice to Mariners via VFH-FM marine channel 16 about the special local
regulation, and this rule allows vessels to seek permission from the
COTP or a designated representative to enter the area.
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
safety zone 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
call or email 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.
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 an 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
Directive 023-01, Rev. 1, associated implementing instructions, 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 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 a
special local regulation from 12 p.m. on September 4, 2022 until 3 a.m.
on September 5, 2022 that prohibits vessels from operating above no
wake speeds on all navigable waters of the Ohio River between MM 464-
479 and the Licking River between MM 0.0-0.3. In the event the Ohio
River Gauge is at or above the 45 foot level, this regulation will
extend west to MM 476.0 on the Ohio River in Cincinnati, OH. It is
categorically
[[Page 50252]]
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0614 Special Local Regulation, Ohio River,
Cincinnati, OH.
(a) Location. All navigable waters of the Ohio River between MM
464-479 and the Licking River between MM 0.0-0.3. In the event the Ohio
River Gauge is at or above the 45 foot level, this regulation will
extend west to MM 476.0 on the Ohio River in Cincinnati, OH.
(b) Period of Enforcement. This special local regulation will be
enforced from 12 p.m. on September 4, 2022 through 3 a.m. on September
5, 2022.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, all vessels entering the zone described in
paragraph (a) of this section are prohibited from operating above no
wake speeds unless specifically authorized by the Captain of the Port
(COTP) or a designated representative. Persons or vessels desiring to
operate above no wake speeds 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 special
local regulation 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 notice to
mariners of the enforcement period of the special local regulation as
well as any changes in the planned schedule.
Dated: August 9, 2022
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2022-17586 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 16, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.