80 FR 18313 - Safety Zone; Rock and Roll Hall of Fame and Museum Fireworks Display; Lake Erie, Cleveland, OH
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 65 (April 6, 2015)
Coast Guard
Federal Register Volume 80, Issue 65 (April 6, 2015)
| Page Range | 18313-18316 | |
| FR Document | 2015-07846 |
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)] [Rules and Regulations] [Pages 18313-18316] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07846] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0186] RIN 1625-AA00 Safety Zone; Rock and Roll Hall of Fame and Museum Fireworks Display; Lake Erie, Cleveland, OH AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland Harbor, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Rock and Roll Hall of Fame and Museum fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the [[Page 18314]] navigational hazards associated with a fireworks display. DATES: This rule will be effective from 7:45 p.m. until 9:15 p.m. on April 11, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0186]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected]. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information The Coast Guard is issuing this temporary final 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 doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with a maritime fireworks display. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. Between 7:45 p.m. and 9:15 p.m. on April 11, 2015, a fireworks display will be held on the shoreline of Lake Erie, Cleveland Harbor in Cleveland, OH, in the vicinity of the Rock and Roll Hall of Fame. It is anticipated that numerous vessels will be in the immediate vicinity of the launch point. The Captain of the Port Buffalo has determined that such a launch proximate to a gathering of watercraft pose a significant risk to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the Rock and Roll Hall of Fame and Museum fireworks display. This zone will be effective and enforced from 7:45 p.m. until 9:15 p.m. on April 11, 2015. This zone will encompass all waters of Lake Erie; Cleveland Harbor, Cleveland, OH within a 210-foot radius of position 41[deg]30'37.40'' N. and 081[deg]41'50.07'' W. (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this rule on small entities. 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. 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 might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of Cleveland Harbor on the evening of April 11, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: this safety zone would be effective, and thus subject to enforcement, for only 90 minutes late in the day. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF [[Page 18315]] channel 16. Before the enforcement of the zone, we would issue local Broadcast Notice to Mariners. 3. Assistance for Small Entities 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 above. 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. 4. 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). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. 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. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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. 11. 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. 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 (NEPA) (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 the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 0 2. Section 165.T09-0186 is added to read as follows: Sec. 165.T09-0186 Safety Zone; Rock and Roll Hall of Fame and Museum Fireworks Display; Lake Erie, Cleveland, OH. (a) Location. This zone will encompass all waters of Lake Erie, Cleveland Harbor; Cleveland, OH within a 210-foot radius of position 41[deg]30'37.40'' N. and 081[deg]41'50.07'' W. (NAD 83). (b) Enforcement Period. This regulation will be enforced on April 11, 2015 from 7:45 p.m. until 9:15 p.m. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on- scene representative. [[Page 18316]] (3) The ``on-scene representative'' of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: March 23, 2015. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2015-07846 Filed 4-3-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 18313
channel before buoy 24 at position Dated: March 24, 2015. 482.9, at Rock Island, Illinois to remain
(North American Datum of 1983, World J.S. Spaner, in the closed-to-navigation position for
Geodetic System, 1984) 32°41.55 N, Captain, U.S. Coast Guard, Captain of the a two hour period from 8:30 a.m. to
117°09.54 W, heading northwest past Port San Diego. 10:30 a.m., April 11, 2015, while the
Coronado Landing, crossing the federal [FR Doc. 2015–07859 Filed 4–3–15; 8:45 am] Bandits Race to Home 5K Marathon is
channel again before buoy 22 at position BILLING CODE 9110–04–P held between the cities of Davenport, IA
(North American Datum of 1983, World and Rock Island, IL.
Geodetic System, 1984) 32°42.31 N, The Rock Island Railroad and
117°10.43, then heading north and DEPARTMENT OF HOMELAND Highway Drawbridge currently operates
culminating at the Maritime Museum SECURITY in accordance with 33 CFR 117.5, which
Pier, as part of the marine event states the general requirement that
procession. Before the effective period Coast Guard drawbridges shall open promptly and
and during the enforcement of the fully for the passage of vessels when a
event, the Coast Guard will issue a 33 CFR Part 117 request to open is given in accordance
broadcast notice to mariners (BNM) alert [Docket Number USCG–2015–0150] with the subpart.
via VHF Channel 16 if any course There are no alternate routes for
modifications are required due to Drawbridge Operation Regulation; vessels transiting this section of the
emergency reasons. Upper Mississippi River, Rock Island, Upper Mississippi River.
(b) Enforcement period. This section IL The Rock Island Railroad and
will be enforced from 8:00 a.m. to 1:00 Highway Drawbridge, in the closed-to-
AGENCY: Coast Guard, DHS. navigation position, provides a vertical
p.m. on April 19, 2015. If the event
concludes prior to the schedule ACTION:Notice of deviation from clearance of 23.8 feet above normal
termination time, the COTP will cease drawbridge regulation. pool. Navigation on the waterway
enforcement of the special local SUMMARY: The Coast Guard has issued a consists primarily of commercial tows
regulation and will announce that fact temporary deviation from the operating and recreational watercraft. This
via Broadcast Notice to Mariners or schedule that governs the Rock Island temporary deviation has been
other communications coordinated with Railroad and Highway Drawbridge coordinated with waterway users. No
the event sponsor to grant general across the Upper Mississippi River, mile objections were received.
permission to enter the regulated area. 482.9, at Rock Island, Illinois. The In accordance with 33 CFR 117.35(e),
(c) Definitions. The following deviation is necessary to allow the the drawbridge must return to its regular
definition applies to this section: Bandits Race to Home 5K Marathon to operating schedule immediately at the
Designated representative means any cross the bridge. This deviation allows end of the effective period of this
commissioned, warrant, or petty officer the bridge to be maintained in the temporary deviation. This deviation
of the Coast Guard on board Coast closed-to-navigation position for two from the operating regulations is
Guard, Coast Guard Auxiliary, or local, hours. authorized under 33 CFR 117.35.
state, or federal law enforcement vessels DATES: This deviation is effective from
Dated: March 30, 2015.
who have been authorized to act on the 8:30 a.m. to 10:30 a.m., April 11, 2015. Eric A. Washburn,
behalf of the Captain of the Port. Bridge Administrator, Western Rivers.
ADDRESSES: The docket for this
(d) Regulations. (1) No vessel may deviation, [USCG–2015–0150] is [FR Doc. 2015–07730 Filed 4–3–15; 8:45 am]
enter, transit through, or anchor within available at http://www.regulations.gov. BILLING CODE 9110–04–P
this regulated area unless authorized by Type the docket number in the
the Captain of the Port of San Diego or ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
his designated representative. Click on Open Docket Folder on the line DEPARTMENT OF HOMELAND
(2) Commercial vessels operating associated with this deviation. You may SECURITY
solely within the San Diego Bay federal also visit the Docket Management
channel will have right-of-way over Coast Guard
Facility in Room W12–140 on the
event participants. Vessels participating ground floor of the Department of
in the procession will stop for oncoming 33 CFR Part 165
Transportation West Building, 1200
commercial deep draft traffic and will New Jersey Avenue SE., Washington, [Docket Number USCG–2015–0186]
resume after the vessel has completed DC 20590, between 9 a.m. and 5 p.m.,
its passage through the regulated area. Monday through Friday, except Federal RIN 1625–AA00
(3) All persons and vessels shall holidays.
comply with instructions from the Coast FOR FURTHER INFORMATION CONTACT: If
Safety Zone; Rock and Roll Hall of
Guard Captain of the Port (COTP) or his you have questions on this temporary Fame and Museum Fireworks Display;
designated representative. The COTP deviation, call or email Eric A. Lake Erie, Cleveland, OH
San Diego or his on-scene representative Washburn, Bridge Administrator, AGENCY: Coast Guard, DHS.
may be contacted via VHF Channel 16 Western Rivers, Coast Guard; telephone
or at 619–278–7033. ACTION: Temporary final rule.
314–269–2378, email Eric.Washburn@
(4) Upon being hailed by U.S. Coast uscg.mil. If you have questions on SUMMARY: The Coast Guard is
Guard or designated patrol personnel by viewing the docket, call Cheryl F. establishing a temporary safety zone on
Rmajette on DSK2VPTVN1PROD with RULES
siren, radio, flashing light or other Collins, Program Manager, Docket Lake Erie, Cleveland Harbor, Cleveland,
means, the operator of a vessel shall Operations, telephone 202–366–9826. OH. This safety zone is intended to
proceed as directed. SUPPLEMENTARY INFORMATION: The U.S. restrict vessels from a portion of Lake
(5) The Coast Guard may be assisted Army Rock Island Arsenal requested a Erie during the Rock and Roll Hall of
by other federal, state, or local agencies temporary deviation for the Rock Island Fame and Museum fireworks display.
in patrol and notification of the Railroad and Highway Drawbridge, This temporary safety zone is necessary
regulation. across the Upper Mississippi River, mile to protect mariners and vessels from the
VerDate Sep<11>2014 15:01 Apr 03, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1](https://thefederalregister.org/doc/80_FR_18378/page/1.svg)
![18314 Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations
navigational hazards associated with a Coast Guard’s ability to protect executive orders related to rulemaking.
fireworks display. spectators and vessels from the hazards Below we summarize our analyses
DATES: This rule will be effective from associated with a maritime fireworks based on these statutes and executive
7:45 p.m. until 9:15 p.m. on April 11, display. orders.
2015. Under 5 U.S.C. 553(d)(3), the Coast
1. Regulatory Planning and Review
ADDRESSES: Documents mentioned in
Guard finds that good cause exists for
making this temporary rule effective less This rule is not a significant
this preamble are part of docket [USCG– regulatory action under section 3(f) of
2015–0186]. To view documents than 30 days after publication in the
Federal Register. For the same reasons Executive Order 12866, Regulatory
mentioned in this preamble as being Planning and Review, as supplemented
available in the docket, go to http:// discussed in the preceding paragraph,
waiting for a 30 day notice period to run by Executive Order 13563, Improving
www.regulations.gov, type the docket Regulation and Regulatory Review, and
number in the ‘‘SEARCH’’ box and click would be impracticable and contrary to
the public interest. does not require an assessment of
‘‘SEARCH.’’ Click on Open Docket potential costs and benefits under
Folder on the line associated with this B. Basis and Purpose section 6(a)(3) of Executive Order 12866
rulemaking. You may also visit the The legal basis and authorities for this or under section 1 of Executive Order
Docket Management Facility in Room rule are found in 33 U.S.C. 1231, 46 13563. The Office of Management and
W12–140 on the ground floor of the U.S.C. Chapter 701, 3306, 3703; 50 Budget has not reviewed it under those
Department of Transportation West U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, Orders.
Building, 1200 New Jersey Avenue SE., 6.04–6, and 160.5; Pub. L. 107–295, 116 We conclude that this rule is not a
Washington, DC 20590, between 9 a.m. Stat. 2064; and Department of significant regulatory action because we
and 5 p.m., Monday through Friday, Homeland Security Delegation No. anticipate that it will have minimal
except Federal holidays. 0170.1, which collectively authorize the impact on the economy, will not
FOR FURTHER INFORMATION CONTACT: If Coast Guard to establish and define interfere with other agencies, will not
you have questions on this rule, call or regulatory safety zones. adversely alter the budget of any grant
email LTJG Amanda Garcia, Chief of Between 7:45 p.m. and 9:15 p.m. on or loan recipients, and will not raise any
Waterways Management, U.S. Coast April 11, 2015, a fireworks display will novel legal or policy issues. The safety
Guard Sector Buffalo; telephone 716– be held on the shoreline of Lake Erie, zone created by this rule will be
843–9343, email Cleveland Harbor in Cleveland, OH, in relatively small and enforced for a
SectorBuffaloMarineSafety@uscg.mil. If the vicinity of the Rock and Roll Hall of relatively short time. Also, the safety
you have questions on viewing the Fame. It is anticipated that numerous zone is designed to minimize its impact
docket, call Ms. Cheryl Collins, Program vessels will be in the immediate vicinity on navigable waters. Furthermore, the
Manager, Docket Operations, telephone of the launch point. The Captain of the safety zone has been designed to allow
202–366–9826 or 1–800–647–5527. Port Buffalo has determined that such a vessels to transit around it. Thus,
SUPPLEMENTARY INFORMATION: launch proximate to a gathering of restrictions on vessel movement within
watercraft pose a significant risk to that particular area are expected to be
Table of Acronyms public safety and property. Such minimal. Under certain conditions,
DHS Department of Homeland Security hazards include premature and moreover, vessels may still transit
FR Federal Register accidental detonations, dangerous through the safety zone when permitted
NPRM Notice of Proposed Rulemaking projectiles, and falling or burning by the Captain of the Port.
TFR Temporary Final Rule debris. 2. Impact on Small Entities
A. Regulatory History and Information C. Discussion of the Final Rule Under the Regulatory Flexibility Act
The Coast Guard is issuing this With the aforementioned hazards in (5 U.S.C. 601–612), we have considered
temporary final rule without prior mind, the Captain of the Port Buffalo the impact of this rule on small entities.
notice and opportunity to comment has determined that this temporary The Coast Guard certifies under 5 U.S.C.
pursuant to authority under section 4(a) safety zone is necessary to ensure the 605(b) that this rule will not have a
of the Administrative Procedure Act safety of spectators and vessels during significant economic impact on a
(APA) (5 U.S.C. 553(b)). This provision the Rock and Roll Hall of Fame and substantial number of small entities.
authorizes an agency to issue a rule Museum fireworks display. This zone The Coast Guard certifies under 5 U.S.C.
without prior notice and opportunity to will be effective and enforced from 7:45 605(b) that this rule will not have a
comment when the agency for good p.m. until 9:15 p.m. on April 11, 2015. significant economic impact on a
cause finds that those procedures are This zone will encompass all waters of substantial number of small entities.
‘‘impracticable, unnecessary, or contrary Lake Erie; Cleveland Harbor, Cleveland, This rule will affect the following
to the public interest.’’ Under 5 U.S.C. OH within a 210-foot radius of position entities, some of which might be small
553(b)(B), the Coast Guard finds that 41°30′37.40″ N. and 081°41′50.07″ W. entities: The owners or operators of
good cause exists for not publishing a (NAD 83). vessels intending to transit or anchor in
notice of proposed rulemaking (NPRM) Entry into, transiting, or anchoring a portion of Cleveland Harbor on the
with respect to this rule because doing within the safety zone is prohibited evening of April 11, 2015.
so would be impracticable and contrary unless authorized by the Captain of the This safety zone will not have a
to the public interest. The final details Port Buffalo or his designated on-scene significant economic impact on a
for this event were not known to the representative. The Captain of the Port substantial number of small entities for
Rmajette on DSK2VPTVN1PROD with RULES
Coast Guard until there was insufficient or his designated on-scene the following reasons: this safety zone
time remaining before the event to representative may be contacted via would be effective, and thus subject to
publish an NPRM. Thus, delaying the VHF Channel 16. enforcement, for only 90 minutes late in
effective date of this rule to wait for a the day. Traffic may be allowed to pass
comment period to run would be both D. Regulatory Analyses through the zone with the permission of
impracticable and contrary to the public We developed this rule after the Captain of the Port. The Captain of
interest because it would inhibit the considering numerous statutes and the Port can be reached via VHF
VerDate Sep<11>2014 15:01 Apr 03, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1](https://thefederalregister.org/doc/80_FR_18378/page/2.svg)
![18316 Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations
(3) The ‘‘on-scene representative’’ of incorporation by reference of certain Docket Center homepage at http://
the Captain of the Port Buffalo is any publications listed in the rule is www.epa.gov/epahome/dockets.htm.
Coast Guard commissioned, warrant or approved by the Director of the Federal Docket: All supporting documents in
petty officer who has been designated Register as of July 6, 2015. the docket are listed in the http://
by the Captain of the Port Buffalo to act ADDRESSES: Submit your comments, www.regulations.gov index. Although
on his behalf. identified by Docket ID No. EPA–HQ– listed in the index, some information is
(4) Vessel operators desiring to enter OW–2011–0520, by one of the following not publicly available, e.g., CBI or other
or operate within the safety zone must methods: information whose disclosure is
contact the Captain of the Port Buffalo • http://www.regulations.gov: Follow restricted by statute. Certain other
or his on-scene representative to obtain the on-line instructions for submitting material, such as copyrighted material,
permission to do so. The Captain of the comments. will be publicly available only in hard
Port Buffalo or his on-scene • Email: OW-Docket@epa.gov. copy. Publicly available docket
representative may be contacted via • Mail: State of Tennessee; materials are available either
VHF Channel 16. Vessel operators given Underground Injection Control (UIC) electronically in http://
permission to enter or operate in the Primacy, U.S. Environmental Protection www.regulations.gov or in hard copy at
safety zone must comply with all Agency, Mailcode: 2822T, 1200 the Water Docket, EPA/DC, EPA West,
directions given to them by the Captain Pennsylvania Ave. NW., Washington, Room 3334, 1301 Constitution Ave.
of the Port Buffalo, or his on-scene DC 20460. NW., Washington, DC; and U.S.
representative. • Hand Delivery: Water Docket, EPA Environmental Protection Agency,
Dated: March 23, 2015. Docket Center (EPA/DC) EPA West, Region 4, Library 9th Floor, 61 Forsyth
B.W. Roche, Room 3334, 1301 Constitution Ave. Street SW., Atlanta, Georgia 30303. The
NW., Washington, DC. Such deliveries Water Docket Facility Public Reading
Captain, U.S. Coast Guard, Captain of the
Port Buffalo. are only accepted during the Docket’s Room in Washington, DC, is open from
normal hours of operation, and special 8:30 a.m. to 4:30 p.m., Monday through
[FR Doc. 2015–07846 Filed 4–3–15; 8:45 am]
arrangements should be made for Friday, excluding legal holidays. The
BILLING CODE 9110–04–P
deliveries of boxed information. Public Reading Room telephone number
Instructions: Direct your comments to is (202) 566–1744 and the telephone
Docket ID No. EPA–HQ–OW–2011– number of the Water Docket is (202)
ENVIRONMENTAL PROTECTION 566–2426. The Region 4 Library is open
0520. EPA’s policy is that all comments
AGENCY from 8:00 a.m. to 3:45 p.m., Monday
received will be included in the public
docket without change and may be through Friday, excluding legal
40 CFR Part 147
made available online at http:// holidays. The telephone number for the
[EPA–HQ–OW–2011–0520; FRL–9924–92– www.regulations.gov, including any library is (404) 562–8190.
OW] FOR FURTHER INFORMATION CONTACT:
personal information provided, unless
the comment includes information Marilyn Ginsberg, Drinking Water
State of Tennessee Underground
claimed to be Confidential Business Protection Division, Office of Ground
Injection Control (UIC) Program;
Information (CBI) or other information Water and Drinking Water (4606M), U.S.
Primacy Approval
whose disclosure is restricted by statute. Environmental Protection Agency, 1200
AGENCY: Environmental Protection Do not submit information that you Pennsylvania Ave. NW., Washington,
Agency (EPA). consider to be CBI or otherwise DC 20460; telephone number: (202)
ACTION: Direct final rule. protected through http:// 564–3881; fax number: (202) 564–3754;
www.regulations.gov or email. The email address: ginsberg.marilyn@
SUMMARY: The U.S. Environmental http://www.regulations.gov Web site is epa.gov or Nancy H. Marsh, Safe
Protection Agency (EPA) is taking direct an ‘‘anonymous access’’ system, which Drinking Water Branch, U.S.
final action to approve the State of means EPA will not know your identity Environmental Protection Agency,
Tennessee Underground Injection or contact information unless you Region 4, 61 Forsyth Street SW.,
Control (UIC) Program for primacy to provide it in the body of your comment. Atlanta, Georgia 30303; telephone
implement and enforce state regulations If you send an email comment directly number (404) 562–9450; fax number:
for all UIC injection wells located to EPA without going through http:// (404) 562–9439; email address:
within the state, except for Class VI and www.regulations.gov your email address marsh.nancy@epa.gov.
all wells on Indian lands, as required by will be automatically captured and SUPPLEMENTARY INFORMATION:
rule under the Safe Drinking Water Act included as part of the comment that is
(SDWA). The Agency determined that placed in the public docket and made I. Why is EPA issuing a direct final
the state’s UIC Program is consistent available on the Internet. If you submit rule?
with the provisions of the SDWA and is an electronic comment, EPA EPA published this rule without a
as stringent as all applicable federal recommends that you include your prior proposed rule because the Agency
regulations to prevent underground name and other contact information in views this action as noncontroversial
injection activities that endanger the body of your comment and with any and anticipates no adverse comment.
underground sources of drinking water. disk or CD–ROM you submit. If EPA However, in the ‘‘Proposed Rules’’
DATES: This rule is effective on July 6, cannot read your comment due to section of today’s Federal Register, EPA
2015 without further notice, unless EPA technical difficulties and cannot contact published a separate document that
Rmajette on DSK2VPTVN1PROD with RULES
receives adverse comment by May 6, you for clarification, EPA may not be serves as the proposed rule if the
2015. If EPA receives adverse comment, able to consider your comment. Agency receives adverse comment on
we will publish a timely withdrawal in Electronic files should avoid the use of this direct final rule. The Agency will
the Federal Register informing the special characters, any form of not institute a second comment period
public that the rule will not take effect. encryption, and be free of any defects or on this action. Any parties interested in
For judicial purposes, this final rule is viruses. For additional information commenting must do so at this time. For
promulgated as of July 6, 2015. The about EPA’s public docket visit the EPA further information about commenting
VerDate Sep<11>2014 15:01 Apr 03, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1](https://thefederalregister.org/doc/80_FR_18378/page/4.svg)
Document Created: 2015-12-18 11:18:39
Document Modified: 2015-12-18 11:18:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule will be effective from 7:45 p.m. until 9:15 p.m. on April 11, 2015. | |
| Contact | If you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. | |
| FR Citation | 80 FR 18313 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR