80 FR 37542 - Safety Zone; Three Rivers Regatta/Three River Regatta and Fireworks, Ohio River, Mile 0.5 to Mile 0.5 on the Allegheny River and Mile 0.5 on the Monongahela River; Pittsburgh, PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 126 (July 1, 2015)
Coast Guard
Federal Register Volume 80, Issue 126 (July 1, 2015)
| Page Range | 37542-37545 | |
| FR Document | 2015-16251 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Rules and Regulations] [Pages 37542-37545] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16251] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0436] RIN 1625-AA00 Safety Zone; Three Rivers Regatta/Three River Regatta and Fireworks, Ohio River, Mile 0.5 to Mile 0.5 on the Allegheny River and Mile 0.5 on the Monongahela River; Pittsburgh, PA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone from mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River, extending the entire width of the rivers. This action is necessary to ensure public safety due to the inherent hazards associated with launching fireworks from a barge and the explosive nature of the fireworks display. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative. DATES: This rule is effective and will be enforced with actual notice on July 3, 2015 from 12:00 p.m. to 10:00 p.m., on July 4, 2015 from 12:00 p.m. to 10:00 p.m. and on July 5, 2015 from 12:00 p.m. to 10:00 p.m. ADDRESSES: Documents mentioned in this preamble are part of docket USCG-2015-0436. 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 [[Page 37543]] 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 Ariana Mohnke, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at 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. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information On June 11, 2015, we published a final rule entitled ``Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones'' in the Federal Register (79 FR 222398). In that rulemaking, the Coast Guard established a permanent safety zone for the annual ``Three Rivers Regatta/Three River Regatta and Fireworks'', listed in Table no. 1 to 33 CFR 165.801 at Line no. 43. On June 15, 2015, we published a notice of proposed rulemaking (NPRM) entitled ``Three Rivers Regatta/Three River Regatta and Fireworks'' in the Federal Register. We received no comments on the proposed rule. No public meeting was requested, and none was held. 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 using the NPRM process with respect to this rule because it is unnecessary and contrary to public interest. On May 20, 2015, the sponsor notified the Coast Guard that it intended to hold the event on July 3-5, 2015 at a location from mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River, extending the entire width of the rivers. According to Table no. 1 to 33 CFR 165.801, the event is to be held during two days the week of July 4th and is to be located at: Ohio River, Mile 0.0-0.5, Allegheny River, Mile 0.0-0.5, and Monongahela River, Mile 0.0-0.5. After full review of the event information and location, the Coast Guard determined that the published annual event differs from the intended dates and location for the event being held this year. A safety zone is necessary. Therefore, to mitigate the potential danger to spectators and participants, the Coast Guard is establishing a temporary safety zone. Any delay or cancellation of the event in order to allow for a notice and comment period is contrary to the public interest in not having the event occur on the dates and in the location proposed by the sponsor and advertised to the public and could potentially interfere with contractual obligations. Completing the full NPRM process would be impracticable. Delaying this rule by completing the full NPRM process would unnecessarily delay the safety zone and be contrary to public interest because the safety zone is needed to protect transiting vessels, spectators, and the personnel involved in the display from the hazards associated with fireworks displays taking place over the waterway. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be unnecessary as this event is a recurring event and mariners familiar with the waterway are aware that the regatta and celebrations related to Independence Day activities occur yearly on this waterway. This year the event will occur over the course of three days, as opposed to the published time period of two days, as per the Federal Register. In addition, the event will take place very near to the published location, approximately 0.1 miles distant from the published location in the Federal Register. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during the event and immediate action is necessary to prevent possible loss of life or property. Also a delay or cancellation of the event in order to allow for publication in the Federal Register is contrary to the public's interest in having this event occur as scheduled. Broadcast Notices to Mariners (BNM) and information sharing with the waterway users will update mariners of the restrictions, requirements, and enforcement times during this temporary situation. B. Basis and Purpose This regulation is necessary to ensure the safety of vessels, spectators and participants from hazards associated with and resulting from the 2015 Three Rivers Regatta/Three River Regatta and Fireworks events. Based on the inherent hazards associated with a fireworks show and an on-water regatta event, the COTP Pittsburgh has determined that a fireworks display and a marine regatta pose a significant risk to watercraft, participant safety, spectator safety, public safety and property. The combination of increased numbers of recreational vessels and potential debris falling on passing or anchored spectator vessels has the potential to result in serious injuries or fatalities. This regulation temporarily establishes a zone to restrict vessel movement through and around the location of the regatta and the fireworks display in order to reduce the risks associated with these events. The legal basis and authorities for this 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 establish and define regulatory safety zones. C. Discussion of the Final Rule The Coast Guard is establishing a safety zone for the 2015 Three Rivers Regatta/Three River Regatta and Fireworks from mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River, extending the entire width of the rivers. This temporary safety zone will be enforced with actual notice from 12:00 p.m. to 10:00 p.m. on July 3-5, 2015, daily. Additionally, prior to the fireworks displays, there will be boat races and therefore, for the safety of those involved in the boat races as well as the general public attempting to transit through this location, a safety zone will be enforced. The public will be informed of the enforcement periods by local notice to mariners. Should there be any subsequent changes or shortening of enforcement periods, the public will be notified via broadcast notice to mariners. This rule establishing a temporary safety zone is necessary to ensure the safety of spectators and vessels from hazards associated with the event. Deviation from this temporary safety zone is prohibited unless specifically authorized by the COTP Pittsburgh, or a designated representative. Deviation requests will be considered and reviewed on a case-by-case basis. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. [[Page 37544]] Below we summarize our analyses based on a number of these statutes or 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. It is not ``significant'' under the regulatory policies and procedures of the Department of Homeland Security (DHS). This rule is limited in scope and will be in effect for a limited time period. The temporary safety zone will be in effect for ten hours on each of three consecutive days. The Coast Guard expects minimum adverse impact to mariners from the zone's activation as the event has been advertised to the public. Also, mariners may request authorization from the COTP Pittsburgh or the designated representative to transit the zone. Notifications to the marine community will be made through local notice to mariners and broadcast notice to mariners. The impacts on routine navigation are expected to be minimal. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit from mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River, extending the entire width of the rivers from 12:00 p.m. to 10:00 p.m. on July 3, 2015 and July 4, 2015 and July 5, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities because this rule is limited in scope, will only be in effect for a limited time period, and notifications to the marine community will be made to those that could be operating in the area during the event. Additionally, waterway users can use the portions of the channel not affected by the safety zone. Deviation from the rule may be requested and will be considered on a case-by-case basis by the COTP or a designated representative. 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, 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 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. [[Page 37545]] 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 establishes a temporary safety zone from mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River, extending the entire width of the rivers. This rule 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; 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. PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 2. A new temporary Sec. 165.T08-0436 is added to read as follows: Sec. 165.T08-0436 Safety Zone; Three Rivers Regatta/Three River Regatta and Fireworks, Ohio River mile 0.5 to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River; Pittsburgh, PA. (a) Location. The following area is a safety zone: Ohio River mile 0.5 to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River. (b) Effective date. This rule is effective, and will be enforced through actual notice, from July 3, 2015 through July 5, 2015 from 12:00 p.m. through 10:00 p.m., daily. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into this zone is prohibited unless authorized by the COTP Pittsburgh or a designated representative. (2) Persons or vessels requiring entry into or passage through the zone must request permission from the COTP Pittsburgh or a designated representative. The COTP Pittsburgh representative may be contacted at 412-221-0807. (3) All persons and vessels shall comply with the instructions of the COTP Pittsburgh or their designated representative. Designated COTP representatives include United States Coast Guard commissioned, warrant, and petty officers. (d) Information broadcasts. The COTP Pittsburgh or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone as well as any changes in the planned schedule. Dated: June 15, 2015. L.N. Weaver, Commander, U.S. Coast Guard, Captain of the Port. [FR Doc. 2015-16251 Filed 6-30-15; 8:45 am] BILLING CODE 9110-04-P
![37542 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
Federal Government and Indian tribes, § 165.779 Regulated Navigation Area; 4th regulated area by on-scene designated
or on the distribution of power and of July, Biscayne Bay, Miami, FL. representatives.
responsibilities between the Federal (a) Regulated area. The regulated (d) Enforcement period. This rule will
Government and Indian tribes. navigation area encompasses all waters be enforced from 7 p.m. on July 4, 2015
of Biscayne Bay between the Julia Tuttle until 2 a.m. on July 5, 2015.
L. Energy Effects
Causeway Bridge and Black Point Dated: June 22, 2015.
This action is not a ‘‘significant contained within an imaginary line Scott A. Buschman,
energy action’’ under Executive Order connecting the following points: Rear Admiral, U.S. Coast Guard, Commander,
13211, Actions Concerning Regulations beginning at Point 1 in position Seventh Coast Guard District.
That Significantly Affect Energy Supply, 25°48′38″ N., 80°10′40″ W.; thence east [FR Doc. 2015–16261 Filed 6–30–15; 8:45 am]
Distribution, or Use. to Point 2 in position 25°48′38″ N., BILLING CODE 9110–04–P
M. Technical Standards 80°10′30″ W.; thence southwest to Point
3 in position 25°46′41″ N., 80°10′54″ W.;
This rule does not use technical thence southeast to Point 4 in position DEPARTMENT OF HOMELAND
standards. Therefore, we did not 25°46′17″ N., 80°10′43″ W.; thence SECURITY
consider the use of voluntary consensus southwest to Point 5 in position
standards. 25°45′05″ N., 80°10′50″ W.; thence Coast Guard
N. Environment southeast to Point 6 in position
25°44′47″ N., 80°10′44″ W.; thence 33 CFR Part 165
We have analyzed this rule under southeast to Point 7 in position [Docket No. USCG–2015–0436]
Department of Homeland Security 25°43′29″ N., 80°09′37″ W.; thence
Management Directive 023–01 and southwest to Point 8 in position RIN 1625–AA00
Commandant Instruction M16475.lD, 25°42′39″ N., 80°10′35″ W.; thence
which guide the Coast Guard in southwest to Point 9 in position Safety Zone; Three Rivers Regatta/
complying with the National 25°31′11″ N., 80°13′06″ W.; thence Three River Regatta and Fireworks,
Environmental Policy Act of 1969 northwest to Point 10 in position Ohio River, Mile 0.5 to Mile 0.5 on the
(NEPA) (42 U.S.C. 4321–4370f), and 25°31′31″ N., 80°17′48″ W.; thence Allegheny River and Mile 0.5 on the
have concluded this action is one of a northeast to Point 11 in position Monongahela River; Pittsburgh, PA
category of actions which do not 25°43′25″ N., 80°13′17″ W.; thence AGENCY: Coast Guard, DHS.
individually or cumulatively have a northeast to Point 12 in position ACTION: Temporary final rule.
significant effect on the human 25°43′59″ N., 80°12′04″ W.; thence
environment. This rule involves northeast to Point 13 in position SUMMARY: The Coast Guard is
establishing a regulated navigation area 25°44′46″ N., 80°11′23″ W.; thence establishing a temporary safety zone
to ensure the safe transit of vessels and northeast to Point 14 in position from mile 0.5 Ohio River up-bound to
to protect persons, vessels, and the 25°46′10″ N., 80°10′59″ W.; thence mile 0.5 on the Allegheny River and
marine environment within the northwest to Point 15 in position mile 0.5 on the Monongahela River,
regulated navigation area for the 4th of 25°46′20″ N., 80°11′04″ W.; thence extending the entire width of the rivers.
July which will be enforced for seven northeast to Point 16 in position This action is necessary to ensure public
hours. This rule is categorically 25°46′44″ N., 80°10′59″ W.; thence safety due to the inherent hazards
excluded, under figure 2–1, paragraph northwest to Point 17 in position associated with launching fireworks
(34)(g), of the Instruction. An 25°47′15″ N., 80°11′06″ W.; thence from a barge and the explosive nature of
environmental analysis checklist and a northeast to Point 18 in position the fireworks display. During the
categorical exclusion determination are 25°47′24″ N., 80°11′00″ W.; thence north enforcement period, entry into,
available in the docket where indicated to Point 19 in position 25°47′36″ N., transiting, or anchoring in the safety
under ADDRESSES. We seek any 80°11′00″ W.; thence back to origin. All zone is prohibited to all vessels not
comments or information that may lead coordinates are North American Datum registered with the sponsor as
to the discovery of a significant 1983. participants or official patrol vessels,
environmental impact from this rule. (b) Definition. The term ‘‘designated unless specifically authorized by the
representative’’ means Coast Guard Captain of the Port (COTP) Pittsburgh or
List of Subjects in 33 CFR Part 165
Patrol Commanders, including Coast a designated representative.
Harbors, Marine safety, Navigation Guard coxswains, petty officers, and DATES: This rule is effective and will be
(water), Reporting and recordkeeping other officers operating Coast Guard enforced with actual notice on July 3,
requirements, Security measures, vessels, and Federal, state, and local 2015 from 12:00 p.m. to 10:00 p.m., on
Waterways. officers designated by or assisting the July 4, 2015 from 12:00 p.m. to 10:00
For the reasons discussed in the Captain of the Port Miami in the p.m. and on July 5, 2015 from 12:00
preamble, the Coast Guard amends 33 enforcement of the regulated area. p.m. to 10:00 p.m.
CFR part 165 as follows: (c) Regulations. (1) All vessels within ADDRESSES: Documents mentioned in
the regulated area are required to transit this preamble are part of docket USCG–
PART 165—REGULATED NAVIGATION at no more than 15 knots, are subject to 2015–0436. To view documents
AREAS AND LIMITED ACCESS AREAS control by the Coast Guard, and must mentioned in this preamble as being
follow the instructions of designated available in the docket, go to http://
■ 1. The authority citation for part 165 representatives. www.regulations.gov, type the docket
tkelley on DSK3SPTVN1PROD with RULES
continues to read as follows: (2) At least 48 hours prior to the number in the ‘‘SEARCH’’ box and click
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; enforcement period, the Coast Guard ‘‘SEARCH.’’ Click on Open Docket
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; will provide notice of the regulated area Folder on the line associated with this
Department of Homeland Security Delegation via Local Notice to Mariners and rulemaking. You may also visit the
No. 0170.1. Broadcast Notice to Mariners. The Coast Docket Management Facility in Room
■ 2. Revise § 165.779 to read as follows: Guard will also provide notice of the W12–140 on the ground floor of the
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![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations 37545
14. Environment (c) Regulations. (1) In accordance with DATES: This rule is effective on July 4,
We have analyzed this rule under the general regulations in § 165.23 of 2015 and will be enforced from 9:30
Department of Homeland Security this part, entry into this zone is p.m. until 9:50 p.m.
Management Directive 023–01 and prohibited unless authorized by the ADDRESSES: Documents mentioned in
Commandant Instruction M16475.lD, COTP Pittsburgh or a designated this preamble are part of docket USCG–
which guide the Coast Guard in representative. 2015–0529. To view documents
complying with the National (2) Persons or vessels requiring entry mentioned in this preamble as being
Environmental Policy Act of 1969 into or passage through the zone must available in the docket, go to http://
(NEPA) (42 U.S.C. 4321–4370f), and request permission from the COTP www.regulations.gov, type the docket
have determined that this action is one Pittsburgh or a designated number in the ‘‘SEARCH’’ box and click
of a category of actions that do not representative. The COTP Pittsburgh ‘‘SEARCH.’’ Click on Open Docket
individually or cumulatively have a representative may be contacted at 412– Folder on the line associated with thie
significant effect on the human 221–0807. rulemaking. You may also visit the
environment. This rule establishes a (3) All persons and vessels shall Docket Management Facility in Room
temporary safety zone from mile 0.5 comply with the instructions of the W12–140 on the ground floor of the U.S.
Ohio River up-bound to mile 0.5 on the COTP Pittsburgh or their designated Department of Transportation, West
Allegheny River and mile 0.5 on the representative. Designated COTP Building, Room W12–140, 1200 New
Monongahela River, extending the representatives include United States Jersey Avenue SE., Washington, DC
entire width of the rivers. This rule is Coast Guard commissioned, warrant, 20590, between 9 a.m. and 5 p.m.,
categorically excluded from further and petty officers. Monday through Friday, except Federal
review under paragraph 34(g) of figure (d) Information broadcasts. The COTP holidays.
2–1 of the Commandant Instruction an Pittsburgh or a designated FOR FURTHER INFORMATION CONTACT: If
environmental analysis checklist representative will inform the public you have questions on this temporary
supporting this determination and a through broadcast notices to mariners of final rule, call or email CWO
Categorical Exclusion Determination are the enforcement period for the safety Christopher L. Ruleman, Sector
available in the docket where indicated zone as well as any changes in the Charleston Office of Waterways
under ADDRESSES. We seek any planned schedule. Management, U.S. Coast Guard;
comments or information that may lead Dated: June 15, 2015. telephone (843) 740–3184, email
to the discovery of a significant L.N. Weaver, christopher.l.ruleman@uscg.mil. If you
environmental impact from this rule. have questions on viewing the docket,
Commander, U.S. Coast Guard, Captain of
List of Subjects in 33 CFR Part 165 the Port. call Cheryl Collins, Program Manager,
[FR Doc. 2015–16251 Filed 6–30–15; 8:45 am] Docket Operations, telephone (202)
Harbors, Marine safety, Navigation
366–9826.
(water), Reporting and recordkeeping BILLING CODE 9110–04–P
requirements, Security measures, SUPPLEMENTARY INFORMATION:
Waterways. Table of Acronyms
DEPARTMENT OF HOMELAND
For the reasons discussed in the SECURITY NPRM Notice of proposed rulemaking
preamble, the Coast Guard amends 33
CFR part 165 as follows: Coast Guard A. Regulatory History and Information
The Coast Guard is issuing this
PART 165—REGULATED NAVIGATION 33 CFR Part 165 temporary final rule without prior
AREAS AND LIMITED ACCESS AREAS notice and opportunity to comment
[Docket No. USCG–2015–0529] pursuant to authority under section 4(a)
■ 1. The authority citation for part 165
continues to read as follows: of the Administrative Procedure Act
RIN 1625–AA00 (APA) (5 U.S.C. 553(b)). This provision
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; authorizes an agency to issue a rule
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Safety Zones; Fourth of July Fireworks
Department of Homeland Security Delegation Displays, Murrells Inlet and North without prior notice and opportunity to
No. 0170.1. Myrtle Beach, SC comment when the agency for good
cause finds that those procedures are
PART 165—REGULATED NAVIGATION AGENCY: Coast Guard, DHS. ‘‘impracticable, unnecessary, or contrary
AREAS AND LIMITED ACCESS AREAS ACTION: Temporary final rule. to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
■ 2. A new temporary § 165.T08–0436 is SUMMARY: The Coast Guard is Guard finds that good cause exists for
added to read as follows: establishing two temporary safety zones not publishing a notice of proposed
§ 165.T08–0436 Safety Zone; Three Rivers during Fourth of July Fireworks rulemaking (NPRM) with respect to this
Regatta/Three River Regatta and Fireworks, Displays on certain navigable waterways rule because the Coast Guard did not
Ohio River mile 0.5 to mile 0.5 on the in Murrells Inlet and North Myrtle receive necessary information regarding
Allegheny River and mile 0.5 on the Beach, South Carolina. These safety the fireworks displays until June 5,
Monongahela River; Pittsburgh, PA. zones are necessary to protect the public 2015. As a result, the notice and
(a) Location. The following area is a from hazards associated with launching opportunity procedures were
safety zone: Ohio River mile 0.5 to mile fireworks over navigable waters of the impracticable because the Coast Guard
0.5 on the Allegheny River and mile 0.5 United States. Persons and vessels are did not have sufficient time to publish
tkelley on DSK3SPTVN1PROD with RULES
on the Monongahela River. prohibited from entering, transiting an NPRM and to receive public
(b) Effective date. This rule is through, anchoring in, or remaining comments prior to the fireworks
effective, and will be enforced through within any of the safety zones unless displays. Any delay in the effective date
actual notice, from July 3, 2015 through authorized by the Captain of the Port of this rule would be impracticable and
July 5, 2015 from 12:00 p.m. through Charleston or a designated contrary to the public interest because
10:00 p.m., daily. representative. immediate action is needed to minimize
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Document Created: 2015-12-15 13:19:45
Document Modified: 2015-12-15 13:19:45
| 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 is effective and will be enforced with actual notice on July 3, 2015 from 12:00 p.m. to 10:00 p.m., on July 4, 2015 from 12:00 p.m. to 10:00 p.m. and on July 5, 2015 from 12:00 p.m. to 10:00 p.m. | |
| Contact | If you have questions on this rule, call or email Ariana Mohnke, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at 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 Citation | 80 FR 37542 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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