[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26365-26367]
[FR Doc No: 2018-12283]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0308]
RIN 1625-AA00

Safety Zone; Ohio River, Mile Marker 27.8 to Mile Marker 28.2,
Vanport, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the Ohio River from mile marker 27.8 to mile
marker 28.2 near the Vanport Highway Bridge. The safety zone is
necessary to protect personnel, vessels, and the marine environment
from potential hazards created by a cargo movement near the Vanport
Highway Bridge in Vanport, PA. Entry of vessels or persons into this
zone is prohibited unless authorized by the Captain of the Port Marine
Safety Unit Pittsburgh or a designated representative.

DATES: This rule is effective without actual notice from June 7, 2018
through 6 p.m. on June 16, 2018. For the purposes of enforcement,
actual notice will be used from 8 a.m. on June 2, 2018 through June 7,
2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0308 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 on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard, at telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
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)(3)(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 safety zone by
June 2, 2018, and we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing this
rule. The NPRM process would delay the establishment of the safety zone
until after the date of the cargo operation and compromise public
safety.
    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 impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the cargo movement.

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 Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with a cargo movement
operation on a day between June 2, 2018 and June 16, 2018 will be a
safety concern for anyone within a half-mile stretch of the Ohio River.
This rule is necessary to protect personnel, vessels, and the marine
environment in the navigable waters before, during, and after the cargo
movement.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. on June
2, 2018 through 6 p.m. on June 16, 2018 for all navigable waters of the
Ohio River from mile marker 27.8 to mile marker 28.2. Entry into this
safety zone during the enforcement period is prohibited, unless
authorized by the COTP or a designated representative. Subject to the
cargo delivery intervals and potential inclement weather, the
enforcement period will be 30 minutes prior to, during, and 1 hour
after any cargo movement near the Vanport Highway Bridge. The Coast
Guard was informed that the operation would take place during daylight
hours only and last approximately 4 hours. A safety vessel will
coordinate all vessel traffic during the enforcement period. The COTP
or a designated representative will inform the public through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs), or through other means of
public notice as appropriate at least 3 hours in advance of the
enforcement period.
    The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters during cargo
movement operations. No vessel or person will be permitted to enter the
safety zone 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 Marine Safety Unit Pittsburgh. They may be
contacted on VHF-FM Channel 16 or 67. 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. The COTP or a designated representative will inform the
public of the effective period for the safety zone as well as any
changes in the dates and times of enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate.

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 safety zone. This safety
zone will be enforced for a period of four hours on one day on less
than a half mile of the Ohio River. The Coast Guard will issue LNMs and
BNMs via VHF-FM marine channel 16 about the temporary safety zone, and
the rule allows vessels to seek permission from the COTP or a
designated representative to enter the 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
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
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 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 and Commandant Instruction M16475.1D, 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 temporary safety zone lasting only 4 hours that prohibits entry on a
half-mile stretch of the Ohio River for 4 hours on one day from June 2,
2016 through June 16, 2018. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. 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 jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    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.T08-0308 to read as follows:

Sec.  165.T08-0308  Safety Zone; Ohio River, mile marker 27.8 to mile
marker 28.2, Vanport, PA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Ohio River from mile marker 27.8 to mile marker 28.2.
    (b) Effective period. This section is effective from 8 a.m. on June
2, 2018 through 6 p.m. on June 16, 2018.
    (c) Enforcement period. This section will be enforced from June 2,
2018 through June 16, 2018, subject to cargo delivery intervals and
potential inclement weather, 30 minutes prior to, during, and 1 hour
after any cargo movement in the vicinity of the Vanport Highway Bridge.
The Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative will inform the public of the enforcement
period through BNMs, LNMs, and/or Marine Safety Information Bulletins
(MSIBs) or through other means of public notice at least 3 hours in
advance of the enforcement period. A safety vessel will coordinate all
vessel traffic during the enforcement of this safety zone.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the COTP or 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 USCG Marine Safety
Unit Pittsburgh.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
    (3) All persons and vessels permitted to enter this safety zone
must transit at the slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notices to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: June 1, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-12283 Filed 6-6-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Notices]
[Page 65721-65722]
[DOCID:fr23no07-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2662-009; Project No. 12968-000]

FirstLight Hydro Generating Company; City of Norwich Department
of Public Utilities; Notice of Intent To File Competing License
Applications, Filing of Pre-Application Documents (PADs), Commencement
of Licensing Proceeding, Scoping, Solicitation of Study Requests and
Comments on the PADs and Scoping Document

November 14, 2007.
    a. Type of Filing: Notices of Intent to File Competing License
Applications for a New License and Commencing Licensing Proceeding.
    b. Project Nos.: 2662-009 & 12968-000.
    c. Date Filed: August 30, 2007.
    d. Submitted By: Existing licensee--FirstLight Hydro Generating
Company (FirstLight); and Competitor--City of Norwich Department of
Public Utilities (Norwich Public Utilities).
    e. Name of Project: Scotland Hydroelectric Project.
    f. Location: On the Shetucket River, in Windham County,
Connecticut. The project does not occupy federal lands.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicants' Contacts:
    For Project No. 2662: John Whitfield, Senior Project Engineer,
FirstLight Hydro Generating Company, 20 Church Street, Hartford, CT
06103.
    For Project No. 12968: John F. Bilda, General Manager, Norwich
Public Utilties, 16 South Golden Street, Norwich, CT 06360.
    i. FERC Contact: Sarah Florentino at<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>
    j. We are asking federal, state, local, and tribal agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the environmental
document. Agencies who would like to request cooperating status should
follow the instructions for filing comments described in the paragraphs
below. Cooperating agencies should note the Commission's policy that
agencies that cooperate in the preparation of the environmental
document cannot also intervene. See 94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR part 402; and (b) the State Historic
Preservation Officer, as required by Section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. By letters dated September 17, 2007, we designated FirstLight
and Norwich Public Utilities as the Commission's nonfederal
representatives for carrying out informal consultation pursuant to
section 106 of the National Historic Preservation Act.
    m. FirstLight and Norwich Public Utilities both filed Pre-
Application Documents (PADs; including a proposed process plan and
schedule) with the Commission, pursuant to 18 CFR 5.6 of the
Commission's regulations.
    n. Copies of both PADs are available for review at the Commission
in the Public Reference Room or may be viewed on the Commission's Web
site (http://www.ferc.gov), using the ``eLibrary'' link. Enter the

docket number, excluding the last three digits

in the docket number field to access the documents. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at 1-866-208-3676, of for TTY,<PHONE_NUMBER>. Copies are also
available for inspection and reproduction at the addresses in paragraph
h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified

via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    o. With this notice, we are soliciting comments on the applicants'
PADs and Commission staff's Scoping Document 1 (SD1), as well as study
requests. All comments on the PADs and SD1, and study requests should
be sent to the addresses above in paragraph h. In addition, all
comments on the PADs and SD1, study requests, requests for cooperating
agency status, and all communications to and from Commission staff
related to the merits of the potential applications (original and eight
copies) must be filed with the Commission at the following address:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. All filings with the
Commission must include, on the first page, the project name (Scotland
Hydroelectric Project) and number (``P-2662-009'' for FirstLight, and/
or ``P-12968-000'' for Norwich Public Utilities), and bear the heading
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PADs or SD1, and any agency requesting cooperating
status must do so by December 31, 2007.
    Comments on the PADs and SD1, study requests, requests for
cooperating agency status, and other permissible forms of communication
with the Commission or its staff may be filed electronically via the
Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site (http://www.ferc.gov) under

the ``e-filing'' link. The Commission strongly encourages electronic
filings.
    p. At this time, Commission staff intends to prepare an
environmental assessment (EA), in accordance with the National
Environmental Policy Act (NEPA). The meetings outlined below will
satisfy the scoping requirements of NEPA.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The evening meeting is
primarily for receiving input from the public, while the daytime
meeting will focus on resource agency, Indian tribes, and non-
governmental organization concerns. We invite all interested
individuals, organizations, and agencies to attend one or both of the
meetings, and to assist staff in identifying particular study needs, as
well as the scope of environmental issues to be addressed in the
environmental document. The times and locations of these meetings are
as follows:

Evening Scoping Meeting:
    Date: Monday, November 19, 2007.
    Time: 7 p.m.
    Location: Windham High School, 355 High Street, Willimantic, CT
06226,
    Phone:<PHONE_NUMBER>.
    Daytime Scoping Meeting:
    Date: Tuesday, November 20, 2007.
    Time: 8 a.m.
    Location: Windham Town Hall, 979 Main Street, Willimantic, CT
06226, Phone:<PHONE_NUMBER>.

    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list on October 30, 2007.
Copies of SD1 will be available at the scoping meetings, or may be
viewed on the Web at http://www.ferc.gov, using the ``eLibrary'' link.

Follow the directions for accessing information in paragraph n. Based
on all oral and written comments, a Scoping Document 2 (SD2) may be
issued. SD2 will include any revisions to the list of issues outlined
in SD1 that are identified during the scoping process, and may include
a revised process plan and schedule.

Site Visit

    The potential applicants and Commission staff will conduct a site
visit of the project on Monday, November 19, 2007, starting at 1p.m.
All participants should meet at the Scotland Project dam, located on
Station Road, Windham, CT, 06280. All participants are responsible for
their own transportation. Anyone with questions about the site visit
should contact Ms. Rosemary Plue at<PHONE_NUMBER>.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PADs in preparation for the scoping
meetings. Instructions on how to obtain copies of the PADs and SD1 are
included in item n, above.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become
part of the formal record of the Commission proceeding on the project.

 Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22822 Filed 11-21-07; 8:45 am]

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