80_FR_37328 80 FR 37203 - Safety Zone; Ohio River between Mile 25.2 and 25.8; New Brighton, PA

80 FR 37203 - Safety Zone; Ohio River between Mile 25.2 and 25.8; New Brighton, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37203-37205
FR Document2015-16105

The Coast Guard is proposing to establish a temporary safety zone on the Ohio River Mile from mile 25.2 to mile 25.8. The proposed safety zone will be effective from 8:45 p.m. to 11:15 p.m. on August 22, 2015. This safety zone is needed to protect persons and vessels from the potential safety hazards associated with the Beaver County Regatta Fireworks. Entry into this zone will be prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP), Pittsburgh or a designated representative.

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Proposed Rules]
[Pages 37203-37205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0345]
RIN 1625-AA00


Safety Zone; Ohio River between Mile 25.2 and 25.8; New Brighton, 
PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone on the Ohio River Mile from mile 25.2 to mile 25.8. The proposed 
safety zone will be effective from 8:45 p.m. to 11:15 p.m. on August 
22, 2015. This safety zone is needed to protect persons and vessels 
from the potential safety hazards associated with the Beaver County 
Regatta Fireworks. Entry into this zone will be prohibited to all 
vessels, mariners, and persons unless specifically authorized by the 
Captain of the Port (COTP), Pittsburgh or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 15, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh 
Waterways Management Division, U.S. Coast Guard; telephone (412)221-
0807, email Jennifer.L.Haggins@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl F. Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0345] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0345) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard has a long history working with local, state, and 
federal agencies in areas to improve emergency response, to prepare for 
events that call for swift action, and to protect our nation. The Coast 
Guard is proposing to establish this safety zone on the waters of the 
Ohio River for the Beaver County Regatta fireworks. The marine event is 
scheduled to take place from 8:45 p.m. to 11:15 p.m. on August 22, 
2015. This proposed rule is necessary to protect the safety of the 
participants, spectators, commercial traffic, and the general public on 
the navigable waters of the United States during the event.

[[Page 37204]]

C. Basis and Purpose

    The legal basis and authorities for this proposed rule are found in 
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, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones. The purpose of this proposed safety 
zone is to protect public boaters and their vessels from potential 
safety hazards associated with the Beaver County Regatta Fireworks on 
the Ohio River, including falling embers and debris.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a safety zone that 
will encompass all waters of the Ohio River in New Brighton, 
Pennsylvania. The proposed safety zone will be enforced from 
approximately 8:45 p.m. to 11:15 p.m., for approximately 2 hour 30 
minutes on August 22, 2015. As proposed, the safety zone would be a 
complete closure of the Ohio River from mile 25.2 to mile 25.8 from 
8:45 p.m. to 11:15 p.m. on August 22, 2015. All persons and vessels, 
except those persons and vessels participating in the marine fireworks 
event and those vessels enforcing the areas, would be prohibited from 
entering, transiting through, anchoring in, or remaining within the 
proposed safety zone area.
    Persons and vessels may request authorization to enter, transit 
though, anchor in, or remain within the enforcement areas by contacting 
the Captain of the Port Pittsburgh by telephone at (412)221-0807, or a 
designated representative via VHF radio on channel 16. If authorization 
to enter, transit through, anchor in, or remain within the enforcement 
areas is granted by the Captain of the Port Pittsburgh or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Pittsburgh 
or a designated representative.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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. The temporary safety 
zone listed in this proposed rule will restrict vessel traffic from 
entering, transiting, or anchoring within a portion of the Ohio River. 
The effect of this proposed regulation will not be significant for 
several reasons: (1) The amount of time the Ohio River will be closed, 
and (2) the impacts on routine navigation are expected to be minimal 
because notifications to the marine community will be made through 
local notice to mariners (LNM) and broadcast notice to mariners (BNM). 
Therefore, these notifications will allow the public to plan operations 
around the proposed safety zone and its enforcement times.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit the Ohio River from mile 25.2 to mile 25.8 
effective from 8:45 p.m. to 11:15 p.m. on August 22, 2015. This 
proposed safety zone will not have a significant economic impact on a 
substantial number of small entities because this proposed rule will 
impede navigational traffic for a short period of time. Traffic in this 
area is almost entirely limited to recreational vessels and commercial 
towing vessels. Notifications to the marine community will be made 
through BNMs and electronic mail. Notices of changes to the proposed 
safety zone and scheduled effective times and enforcement periods will 
also be made. Deviation from the proposed restrictions may be requested 
from the COTP or designated representative and will be considered on a 
case-by-case basis.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

[[Page 37205]]

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule 
involves establishing a temporary safety zone. The safety zone will be 
on the Ohio River mile 25.2 to mile 25.8 from 8:45 p.m. to 11:15 p.m. 
on August 22, 2015. This action is necessary to protect persons and 
property during the Beaver County Regatta Fireworks. This proposed rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary 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 proposed 
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 proposes 
to amend 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. A new temporary Sec.  165.T08-0345 is added to read as follows:


Sec.  165.T08-0345  Safety zone; Ohio River between mile 25.2 and 25.8; 
New Brighton, PA.

    (a) Locations. The following area is a temporary safety zone: All 
waters on the Ohio River Mile from mile 25.2 to mile 25.8.
    (b) Effective date and time. The safety zone listed in section (a) 
is effective from 8:45 p.m. to 11:15 p.m. on August 22, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port (COTP) Pittsburgh or a designated 
representative.
    (2) Spectator vessels may safely transit outside the safety zones 
at a minimum safe speed, but may not anchor, block, loiter, or impede 
participants or official patrol vessels.
    (3) Vessels requiring entry into or passage through the safety 
zones must request permission from the COTP Pittsburgh or a designated 
representative. They may be contacted by telephone at (412) 412-0807.
    (4) All vessels shall comply with the instructions of the COTP 
Pittsburgh and designated personnel. Designated personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts: The Captain of the Port, Pittsburgh 
or a designated representative will inform the public through broadcast 
notices to mariners (BNM) of the effective period for the safety zone 
and of any changes in the effective period, enforcement times, or size 
of the safety zones.

    Dated: May 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard Captain of the Port Pittsburgh.
[FR Doc. 2015-16105 Filed 6-29-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                               Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Proposed Rules                                           37203

                                                      availability of this material at the FAA, call          FOR FURTHER INFORMATION CONTACT:     If                know that they reached the Facility,
                                                      425 227–1221.                                           you have questions on this rule, call or               please enclose a stamped, self-addressed
                                                        Issued in Renton, Washington, on June 19,             email MST1 Jennifer Haggins, Marine                    postcard or envelope. We will consider
                                                      2015.                                                   Safety Unit Pittsburgh Waterways                       all comments and material received
                                                      Michael Kaszycki,                                       Management Division, U.S. Coast                        during the comment period and may
                                                      Acting Manager, Transport Airplane                      Guard; telephone (412)221–0807, email                  change the rule based on your
                                                      Directorate, Aircraft Certification Service.            Jennifer.L.Haggins@uscg.mil. If you have               comments.
                                                      [FR Doc. 2015–15856 Filed 6–29–15; 8:45 am]             questions on viewing or submitting
                                                                                                              material to the docket, call Cheryl F.                 2. Viewing Comments and Documents
                                                      BILLING CODE 4910–13–P
                                                                                                              Collins, Program Manager, Docket                          To view comments, as well as
                                                                                                              Operations, telephone (202) 366–9826.                  documents mentioned in this preamble
                                                                                                              SUPPLEMENTARY INFORMATION:                             as being available in the docket, go to
                                                      DEPARTMENT OF HOMELAND
                                                      SECURITY                                                Table of Acronyms                                      http://www.regulations.gov, type the
                                                                                                                                                                     docket number (USCG–2015–0345) in
                                                      Coast Guard                                             DHS Department of Homeland Security                    the ‘‘SEARCH’’ box and click
                                                                                                              FR Federal Register                                    ‘‘SEARCH.’’ Click on Open Docket
                                                                                                              NPRM Notice of Proposed Rulemaking
                                                      33 CFR Part 165                                         SAR Search and Rescue
                                                                                                                                                                     Folder on the line associated with this
                                                                                                                                                                     rulemaking. You may also visit the
                                                      [Docket Number USCG–2015–0345]                          A. Public Participation and Request for                Docket Management Facility in Room
                                                      RIN 1625–AA00                                           Comments                                               W12–140 on the ground floor of the
                                                                                                                We encourage you to participate in                   Department of Transportation West
                                                      Safety Zone; Ohio River between Mile                    this rulemaking by submitting                          Building, 1200 New Jersey Avenue SE.,
                                                      25.2 and 25.8; New Brighton, PA                         comments and related materials. All                    Washington, DC 20590, between 9 a.m.
                                                                                                              comments received will be posted                       and 5 p.m., Monday through Friday,
                                                      AGENCY:   Coast Guard, DHS.                                                                                    except Federal holidays.
                                                                                                              without change to http://
                                                      ACTION:   Notice of Proposed Rulemaking.
                                                                                                              www.regulations.gov and will include                   3. Privacy Act
                                                      SUMMARY:   The Coast Guard is proposing                 any personal information you have
                                                      to establish a temporary safety zone on                 provided.                                                Anyone can search the electronic
                                                      the Ohio River Mile from mile 25.2 to                   1. Submitting Comments                                 form of comments received into any of
                                                      mile 25.8. The proposed safety zone will                                                                       our dockets by the name of the
                                                      be effective from 8:45 p.m. to 11:15 p.m.                  If you submit a comment, please                     individual submitting the comment (or
                                                      on August 22, 2015. This safety zone is                 include the docket number for this                     signing the comment, if submitted on
                                                      needed to protect persons and vessels                   rulemaking, indicate the specific section              behalf of an association, business, labor
                                                      from the potential safety hazards                       of this document to which each                         union, etc.). You may review a Privacy
                                                      associated with the Beaver County                       comment applies, and provide a reason                  Act notice regarding our public dockets
                                                      Regatta Fireworks. Entry into this zone                 for each suggestion or recommendation.                 in the January 17, 2008, issue of the
                                                      will be prohibited to all vessels,                      You may submit your comments and                       Federal Register (73 FR 3316).
                                                      mariners, and persons unless                            material online at http://
                                                                                                              www.regulations.gov, or by fax, mail, or               4. Public Meeting
                                                      specifically authorized by the Captain of
                                                      the Port (COTP), Pittsburgh or a                        hand delivery, but please use only one
                                                                                                                                                                       We do not now plan to hold a public
                                                      designated representative.                              of these means. If you submit a
                                                                                                                                                                     meeting. But you may submit a request
                                                                                                              comment online, it will be considered
                                                      DATES: Comments and related material                                                                           for one using one of the methods
                                                                                                              received by the Coast Guard when you
                                                      must be received by the Coast Guard on                                                                         specified under ADDRESSES. Please
                                                                                                              successfully transmit the comment. If
                                                      or before July 15, 2015.                                                                                       explain why you believe a public
                                                                                                              you fax, hand deliver, or mail your
                                                      ADDRESSES: You may submit comments                                                                             meeting would be beneficial. If we
                                                                                                              comment, it will be considered as
                                                      identified by docket number using any                                                                          determine that one would aid this
                                                                                                              having been received by the Coast
                                                      one of the following methods:                                                                                  rulemaking, we will hold one at a time
                                                                                                              Guard when it is received at the Docket
                                                        (1) Federal eRulemaking Portal:                                                                              and place announced by a later notice
                                                                                                              Management Facility. We recommend
                                                      http://www.regulations.gov.                                                                                    in the Federal Register.
                                                                                                              that you include your name and a
                                                        (2) Fax: 202–493–2251.                                mailing address, an email address, or a                B. Regulatory History and Information
                                                        (3) Mail or Delivery: Docket                          telephone number in the body of your
                                                      Management Facility (M–30), U.S.                        document so that we can contact you if                   The Coast Guard has a long history
                                                      Department of Transportation, West                      we have questions regarding your                       working with local, state, and federal
                                                      Building Ground Floor, Room W12–140,                    submission.                                            agencies in areas to improve emergency
                                                      1200 New Jersey Avenue SE.,                                To submit your comment online, go to                response, to prepare for events that call
                                                      Washington, DC 20590–0001. Deliveries                   http://www.regulations.gov, type the                   for swift action, and to protect our
                                                      accepted between 9 a.m. and 5 p.m.,                     docket number [USCG–2015–0345] in                      nation. The Coast Guard is proposing to
                                                      Monday through Friday, except federal                   the ‘‘SEARCH’’ box and click                           establish this safety zone on the waters
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      holidays. The telephone number is 202–                  ‘‘SEARCH.’’ Click on ‘‘Submit a                        of the Ohio River for the Beaver County
                                                      366–9329.                                               Comment’’ on the line associated with                  Regatta fireworks. The marine event is
                                                        See the ‘‘Public Participation and                    this rulemaking.                                       scheduled to take place from 8:45 p.m.
                                                      Request for Comments’’ portion of the                      If you submit your comments by mail                 to 11:15 p.m. on August 22, 2015. This
                                                      SUPPLEMENTARY INFORMATION section                       or hand delivery, submit them in an                    proposed rule is necessary to protect the
                                                      below for further instructions on                       unbound format, no larger than 81⁄2 by                 safety of the participants, spectators,
                                                      submitting comments. To avoid                           11 inches, suitable for copying and                    commercial traffic, and the general
                                                      duplication, please use only one of                     electronic filing. If you submit                       public on the navigable waters of the
                                                      these three methods.                                    comments by mail and would like to                     United States during the event.


                                                 VerDate Sep<11>2014   23:16 Jun 29, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\30JNP1.SGM   30JNP1


                                                      37204                    Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Proposed Rules

                                                      C. Basis and Purpose                                    potential costs and benefits under                     please submit a comment (see
                                                        The legal basis and authorities for this              section 6(a)(3) of Executive Order 12866               ADDRESSES)  explaining why you think it
                                                      proposed rule are found in 33 U.S.C.                    or under section 1 of Executive Order                  qualifies and how and to what degree
                                                      1231; 50 U.S.C. 191; 33 CFR 1.05–1;                     13563. The Office of Management and                    this rule would economically affect it.
                                                      6.04–1, 6.04–6, and 160.5; Department                   Budget has not reviewed it under those
                                                                                                              Orders. The temporary safety zone listed               3. Assistance for Small Entities
                                                      of Homeland Security Delegation No.
                                                      0170.1, which collectively authorize the                in this proposed rule will restrict vessel                Under section 213(a) of the Small
                                                      Coast Guard to propose, establish, and                  traffic from entering, transiting, or                  Business Regulatory Enforcement
                                                      define regulatory safety zones. The                     anchoring within a portion of the Ohio                 Fairness Act of 1996 (Pub. L. 104–121),
                                                      purpose of this proposed safety zone is                 River. The effect of this proposed                     we want to assist small entities in
                                                      to protect public boaters and their                     regulation will not be significant for                 understanding this proposed rule. If the
                                                      vessels from potential safety hazards                   several reasons: (1) The amount of time                rule would affect your small business,
                                                      associated with the Beaver County                       the Ohio River will be closed, and (2)                 organization, or governmental
                                                      Regatta Fireworks on the Ohio River,                    the impacts on routine navigation are                  jurisdiction and you have questions
                                                      including falling embers and debris.                    expected to be minimal because                         concerning its provisions or options for
                                                                                                              notifications to the marine community                  compliance, please contact the person
                                                      D. Discussion of Proposed Rule                          will be made through local notice to                   listed in the FOR FURTHER INFORMATION
                                                         This proposed rule is necessary to                   mariners (LNM) and broadcast notice to                 CONTACT, above. The Coast Guard will
                                                      establish a safety zone that will                       mariners (BNM). Therefore, these                       not retaliate against small entities that
                                                      encompass all waters of the Ohio River                  notifications will allow the public to                 question or complain about this
                                                      in New Brighton, Pennsylvania. The                      plan operations around the proposed                    proposed rule or any policy or action of
                                                      proposed safety zone will be enforced                   safety zone and its enforcement times.                 the Coast Guard.
                                                      from approximately 8:45 p.m. to 11:15                   2. Impact on Small Entities
                                                      p.m., for approximately 2 hour 30                                                                              4. Collection of Information
                                                      minutes on August 22, 2015. As                             The Regulatory Flexibility Act of 1980
                                                                                                                                                                       This proposed rule will not call for a
                                                      proposed, the safety zone would be a                    (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                                                                                     new collection of information under the
                                                      complete closure of the Ohio River from                 requires federal agencies to consider the
                                                                                                                                                                     Paperwork Reduction Act of 1995 (44
                                                      mile 25.2 to mile 25.8 from 8:45 p.m. to                potential impact of regulations on small
                                                                                                                                                                     U.S.C. 3501–3520.).
                                                      11:15 p.m. on August 22, 2015. All                      entities during rulemaking. The term
                                                      persons and vessels, except those                       ‘‘small entities’’ comprises small                     5. Federalism
                                                      persons and vessels participating in the                businesses, not-for-profit organizations
                                                                                                              that are independently owned and                          A rule has implications for federalism
                                                      marine fireworks event and those                                                                               under Executive Order 13132,
                                                      vessels enforcing the areas, would be                   operated and are not dominant in their
                                                                                                              fields, and governmental jurisdictions                 Federalism, if it has a substantial direct
                                                      prohibited from entering, transiting                                                                           effect on the States, on the relationship
                                                      through, anchoring in, or remaining                     with populations of less than 50,000.
                                                                                                              The Coast Guard certifies under 5 U.S.C.               between the national government and
                                                      within the proposed safety zone area.                                                                          the States, or on the distribution of
                                                         Persons and vessels may request                      605(b) that this proposed rule will not
                                                                                                              have a significant economic impact on                  power and responsibilities among the
                                                      authorization to enter, transit though,                                                                        various levels of government. We have
                                                      anchor in, or remain within the                         a substantial number of small entities.
                                                                                                                 This proposed rule will affect the                  analyzed this proposed rule under that
                                                      enforcement areas by contacting the                                                                            Order and determined that this rule
                                                      Captain of the Port Pittsburgh by                       following entities, some of which may
                                                                                                              be small entities: The owners or                       does not have implications for
                                                      telephone at (412)221–0807, or a                                                                               federalism.
                                                      designated representative via VHF radio                 operators of vessels intending to transit
                                                      on channel 16. If authorization to enter,               the Ohio River from mile 25.2 to mile                  6. Protest Activities
                                                      transit through, anchor in, or remain                   25.8 effective from 8:45 p.m. to 11:15
                                                                                                              p.m. on August 22, 2015. This proposed                   The Coast Guard respects the First
                                                      within the enforcement areas is granted
                                                                                                              safety zone will not have a significant                Amendment rights of protesters.
                                                      by the Captain of the Port Pittsburgh or
                                                                                                              economic impact on a substantial                       Protesters are asked to contact the
                                                      a designated representative, all persons
                                                                                                              number of small entities because this                  person listed in the FOR FURTHER
                                                      and vessels receiving such authorization
                                                                                                              proposed rule will impede navigational                 INFORMATION CONTACT section to
                                                      must comply with the instructions of
                                                      the Captain of the Port Pittsburgh or a                 traffic for a short period of time. Traffic            coordinate protest activities so that your
                                                      designated representative.                              in this area is almost entirely limited to             message can be received without
                                                                                                              recreational vessels and commercial                    jeopardizing the safety or security of
                                                      E. Regulatory Analyses                                  towing vessels. Notifications to the                   people, places or vessels.
                                                        We developed this proposed rule after                 marine community will be made                          7. Unfunded Mandates Reform Act
                                                      considering numerous statutes and                       through BNMs and electronic mail.
                                                      executive orders related to rulemaking.                 Notices of changes to the proposed                       The Unfunded Mandates Reform Act
                                                      Below we summarize our analyses                         safety zone and scheduled effective                    of 1995 (2 U.S.C. 1531–1538) requires
                                                      based on a number of these statutes or                  times and enforcement periods will also                Federal agencies to assess the effects of
                                                      executive orders.                                       be made. Deviation from the proposed                   their discretionary regulatory actions. In
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                                                                                                              restrictions may be requested from the                 particular, the Act addresses actions
                                                      1. Regulatory Planning and Review                       COTP or designated representative and                  that may result in the expenditure by a
                                                         This proposed rule is not a significant              will be considered on a case-by-case                   State, local, or tribal government, in the
                                                      regulatory action under section 3(f) of                 basis.                                                 aggregate, or by the private sector of
                                                      Executive Order 12866, Regulatory                          If you think that your business,                    $100,000,000 (adjusted for inflation) or
                                                      Planning and Review, as supplemented                    organization, or governmental                          more in any one year. Though this
                                                      by Executive Order 13563, Improving                     jurisdiction qualifies as a small entity               proposed rule would not result in such
                                                      Regulation and Regulatory Review, and                   and that this rule would have a                        expenditure, we do discuss the effects of
                                                      does not require an assessment of                       significant economic impact on it,                     this rule elsewhere in this preamble.


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                                                                               Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Proposed Rules                                                 37205

                                                      8. Taking of Private Property                           the human environment. This proposed                   representative. They may be contacted
                                                         This proposed rule would not cause a                 rule involves establishing a temporary                 by telephone at (412) 412–0807.
                                                      taking of private property or otherwise                 safety zone. The safety zone will be on                  (4) All vessels shall comply with the
                                                      have taking implications under                          the Ohio River mile 25.2 to mile 25.8                  instructions of the COTP Pittsburgh and
                                                      Executive Order 12630, Governmental                     from 8:45 p.m. to 11:15 p.m. on August                 designated personnel. Designated
                                                      Actions and Interference with                           22, 2015. This action is necessary to                  personnel include commissioned,
                                                                                                              protect persons and property during the                warrant, and petty officers of the U.S.
                                                      Constitutionally Protected Property
                                                                                                              Beaver County Regatta Fireworks. This                  Coast Guard.
                                                      Rights.
                                                                                                              proposed rule is categorically excluded                  (d) Informational Broadcasts: The
                                                      9. Civil Justice Reform                                 from further review under paragraph                    Captain of the Port, Pittsburgh or a
                                                         This proposed rule meets applicable                  34(g) of Figure 2–1 of the Commandant                  designated representative will inform
                                                      standards in sections 3(a) and 3(b)(2) of               Instruction. A preliminary                             the public through broadcast notices to
                                                      Executive Order 12988, Civil Justice                    environmental analysis checklist                       mariners (BNM) of the effective period
                                                      Reform, to minimize litigation,                         supporting this determination and a                    for the safety zone and of any changes
                                                      eliminate ambiguity, and reduce                         Categorical Exclusion Determination are                in the effective period, enforcement
                                                      burden.                                                 available in the docket where indicated                times, or size of the safety zones.
                                                                                                              under ADDRESSES. We seek any                             Dated: May 27, 2015.
                                                      10. Protection of Children From                         comments or information that may lead                  L.N. Weaver,
                                                      Environmental Health Risks                              to the discovery of a significant                      Commander, U.S. Coast Guard Captain of
                                                        We have analyzed this proposed rule                   environmental impact from this                         the Port Pittsburgh.
                                                      under Executive Order 13045,                            proposed rule.                                         [FR Doc. 2015–16105 Filed 6–29–15; 8:45 am]
                                                      Protection of Children from                                                                                    BILLING CODE 9110–04–P
                                                      Environmental Health Risks and Safety                   List of Subjects in 33 CFR Part 165
                                                      Risks. This proposed rule is not an                       Harbors, Marine safety, Navigation
                                                      economically significant rule and would                 (water), Reporting and recordkeeping                   ENVIRONMENTAL PROTECTION
                                                      not create an environmental risk to                     requirements, Security measures,                       AGENCY
                                                      health or risk to safety that might                     Waterways.
                                                      disproportionately affect children.                       For the reasons discussed in the                     40 CFR Part 52
                                                      11. Indian Tribal Governments                           preamble, the Coast Guard proposes to
                                                                                                                                                                     [EPA–R08–OAR–2015–0026; FRL–9929–46–
                                                                                                              amend 33 CFR part 165 as follows:                      Region 8]
                                                         This proposed rule does not have
                                                      tribal implications under Executive                     PART 165—REGULATED NAVIGATION                          Approval and Promulgation of Air
                                                      Order 13175, Consultation and                           AREAS AND LIMITED ACCESS AREAS                         Quality Implementation Plans; North
                                                      Coordination with Indian Tribal                                                                                Dakota; Alternative Monitoring Plan for
                                                      Governments, because it would not have                  ■ 1. The authority citation for part 165
                                                                                                              continues to read as follows:                          Milton R. Young Station
                                                      a substantial direct effect on one or
                                                      more Indian tribes, on the relationship                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            AGENCY:  Environmental Protection
                                                      between the Federal Government and                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              Agency.
                                                      Indian tribes, or on the distribution of                Department of Homeland Security Delegation             ACTION: Proposed rule.
                                                      power and responsibilities between the                  No. 0170.1.
                                                      Federal Government and Indian tribes.                   ■ 2. A new temporary § 165.T08–0345 is                 SUMMARY:   The Environmental Protection
                                                                                                              added to read as follows:                              Agency (EPA) is proposing to approve a
                                                      12. Energy Effects                                                                                             State Implementation Plan (SIP)
                                                         This proposed rule is not a                          § 165.T08–0345 Safety zone; Ohio River                 revision submitted by the State of North
                                                      ‘‘significant energy action’’ under                     between mile 25.2 and 25.8; New Brighton,              Dakota. On April 8, 2013, the Governor
                                                                                                              PA.                                                    of North Dakota submitted to EPA an
                                                      Executive Order 13211, Actions
                                                      Concerning Regulations That                                (a) Locations. The following area is a              alternative monitoring plan for the
                                                      Significantly Affect Energy Supply,                     temporary safety zone: All waters on the               Milton R. Young Station (MRYS). The
                                                      Distribution, or Use.                                   Ohio River Mile from mile 25.2 to mile                 plan relates to continuous opacity
                                                                                                              25.8.                                                  monitoring for Unit 1 at MRYS. The
                                                      13. Technical Standards                                    (b) Effective date and time. The safety             intended effect of this action is to
                                                        This proposed rule does not use                       zone listed in section (a) is effective                approve a state plan established to
                                                      technical standards. Therefore, we did                  from 8:45 p.m. to 11:15 p.m. on August                 address minimum emission monitoring
                                                      not consider the use of voluntary                       22, 2015.                                              requirements. The EPA is proposing
                                                      consensus standards.                                       (c) Regulations. (1) In accordance with             approval of this SIP revision in
                                                                                                              the general regulations in § 165.23 of                 accordance with the requirements of
                                                      14. Environment                                         this part, entry into this area is                     section 110 of the Clean Air Act (CAA).
                                                        We have analyzed this proposed rule                   prohibited unless authorized by the                    DATES: Written comments must be
                                                      under Department of Homeland                            Captain of the Port (COTP) Pittsburgh or               received on or before July 30, 2015.
                                                      Security Management Directive 023–01                    a designated representative.
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                                                                                                                                                                     ADDRESSES: Submit your comments,
                                                      and Commandant Instruction                                 (2) Spectator vessels may safely                    identified by Docket ID No. EPA–R08–
                                                      M16475.lD, which guide the Coast                        transit outside the safety zones at a                  OAR–2015–0026, by one of the
                                                      Guard in complying with the National                    minimum safe speed, but may not                        following methods:
                                                      Environmental Policy Act of 1969                        anchor, block, loiter, or impede                          • http://www.regulations.gov. Follow
                                                      (NEPA) (42 U.S.C. 4321–4370f), and                      participants or official patrol vessels.               the on-line instructions for submitting
                                                      have made a preliminary determination                      (3) Vessels requiring entry into or                 comments.
                                                      that this action is one of a category of                passage through the safety zones must                     • Email: Fallon.Gail@epa.gov.
                                                      actions that do not individually or                     request permission from the COTP                          • Fax: (303) 312–6064 (please alert
                                                      cumulatively have a significant effect on               Pittsburgh or a designated                             the individual listed in the FOR FURTHER


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Document Created: 2018-02-22 11:16:38
Document Modified: 2018-02-22 11:16:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of Proposed Rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 15, 2015.
ContactIf you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh Waterways Management Division, U.S. Coast Guard; telephone (412)221- 0807, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 37203 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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