80 FR 37562 - Safety zone; Allegheny River Between Mile 0.0 and 1.4; 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 | 37562-37565 | |
| FR Document | 2015-16258 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Proposed Rules] [Pages 37562-37565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16258] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0332] RIN 1625-AA00 Safety zone; Allegheny River Between Mile 0.0 and 1.4; Pittsburgh, PA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is proposing to establish a temporary safety zone on the Allegheny River mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 2015. This safety zone is needed to protect persons participating in the Pittsburgh Triathlon. 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 16, 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 [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 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 [[Page 37563]] 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-2015-0332] 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-2015-0332) 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 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 Allegheny River for the Pittsburgh Triathlon. The marine event is scheduled to take place from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 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. 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 safety zones. The purpose of this proposed safety zone is to protect the participants of the Pittsburgh Triathlon during the swim portion of the event from the hazards of other vessels in the water. D. Discussion of Proposed Rule This proposed rule is necessary to establish a safety zone that will encompass all waters of the Allegheny River in Pittsburgh, Pennsylvania. The proposed safety zone regulations would be enforced from approximately 5:45 a.m. to 8:45 a.m. for approximately 3 hours on August 8, 2015 and August 9, 2015. As proposed, the safety zone would be a complete closure on the Allegheny River from mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 2015. All persons and vessels, except those persons and vessels participating in the triathlon 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 through, 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 Allegheny River. The effect of this proposed regulation will not be significant for several reasons: (1) The amount of time the Allegheny River will be closed (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 Allegheny River from mile 0.0 to mile 1.4 effective from 5:45 a.m. to 8:45 [[Page 37564]] a.m. on August 8, 2015 and August 9, 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 rulemaking 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 proposed 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 rulemaking 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. 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 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 Allegheny River mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 2015. This action is necessary to protect persons and property during the Pittsburgh Triathlon. This 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.T08-0332 is added to subpart F, under the [[Page 37565]] undesignated center heading Eighth Coast Guard District, to read as follows: Sec. 165.T08-0332 Safety Zone; Allegheny River between mile 0.0 and 1.4; Pittsburgh, PA. (a) Locations. The following area is a temporary safety zone: All waters on the Allegheny River mile 0.0 to mile 1.4. (b) Effective date and time. The safety zone listed in section (a) is effective from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 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: June 10, 2015. L. N. Weaver, Commander, U.S. Coast Guard, Captain of the Port Pittsburgh. [FR Doc. 2015-16258 Filed 6-30-15; 8:45 am] BILLING CODE 9110-04-P
![37562 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
efforts to provide actual and this part, and not this section. Treasury ADDRESSES: You may submit comments
constructive notice of the escheat will not recognize an escheat judgment identified by docket number using any
proceeding to all persons listed on the that purports to vest a State with title to one of the following methods:
face of the bond and all persons who a bond that is still earning interest. (1) Federal eRulemaking Portal:
may have an interest in the bond, and Treasury also will not recognize escheat http://www.regulations.gov.
that those persons had an opportunity to judgments that purport to vest a State (2) Fax: 202–493–2251.
be heard before the escheat judgment with title to a bond that the State does (3) Mail or Delivery: Docket
was entered. not possess, or judgments that purport Management Facility (M–30), U.S.
(c) Fulfillment of Obligation. Payment to grant the State custody of a bond, but Department of Transportation, West
to a State claiming title under this not title. Building Ground Floor, Room W12–140,
section fulfills the United States’ (b) Due Process. At a minimum, a 1200 New Jersey Avenue SE.,
obligations to the same extent as if State requesting payment under this Washington, DC 20590–0001. Deliveries
payment had been made to the section must demonstrate to Treasury’s accepted between 9 a.m. and 5 p.m.,
registered owner. satisfaction that it made reasonable Monday through Friday, except federal
efforts to provide actual and holidays. The telephone number is 202–
PART 360—REGULATIONS constructive notice of the escheat 366–9329.
GOVERNING DEFINITIVE UNITED proceeding to all persons listed on the See the ‘‘Public Participation and
STATES SAVINGS BONDS, SERIES I face of the bond and all persons who Request for Comments’’ portion of the
may have an interest in the bond, and SUPPLEMENTARY INFORMATION section
■ 1. The authority for this part
continues to read: that those persons had an opportunity to below for further instructions on
be heard before the escheat judgment submitting comments. To avoid
Authority: 5 U.S.C. 301; 31 U.S.C. 3105 duplication, please use only one of
and 3125.
was entered.
(c) Fulfillment of Obligation. Payment these three methods.
■ 2. Amend § 360.20 by revising to a State claiming title under this FOR FURTHER INFORMATION CONTACT: If
paragraph (b) to read as follows: section fulfills the United States’ you have questions on this rule, call or
§ 360.20 General obligations to the same extent as if email MST1 Jennifer Haggins, Marine
payment had been made to the Safety Unit Pittsburgh Waterways
* * * * * Management Division, U.S. Coast
registered owner.
(b) The Department of the Treasury
Dated: June 26, 2015. Guard; telephone (412) 221–0807, email
will recognize a claim against an owner
Jennifer.L.Haggins@uscg.mil. If you have
of a savings bond and conflicting claims David A. Lebryk,
questions on viewing or submitting
of ownership of, or interest in, a bond Fiscal Assistant Secretary.
material to the docket, call Cheryl F.
between coowners or between the [FR Doc. 2015–16278 Filed 6–30–15; 8:45 am] Collins, Program Manager, Docket
registered owner and the beneficiary, if BILLING CODE 4810–AS–P Operations, telephone (202) 366–9826.
established by valid, judicial
proceedings specifically listed in this SUPPLEMENTARY INFORMATION:
subpart. Escheat proceedings will not be Table of Acronyms
recognized under this subpart. Section DEPARTMENT OF HOMELAND
360.23 specifies the evidence required SECURITY DHS Department of Homeland Security
to establish the validity of the judicial FR Federal Register
Coast Guard NPRM Notice of Proposed Rulemaking
proceedings.
SAR Search and Rescue
* * * * * 33 CFR Part 165
■ 3. Redesignate subpart M as subpart N
A. Public Participation and Request for
and add a new subpart M to read as [Docket Number USCG–2015–0332] Comments
follows:
RIN 1625–AA00 We encourage you to participate in
Subpart M—Escheat and Unclaimed this rulemaking by submitting
Property Claims by States Safety zone; Allegheny River Between comments and related materials. All
Mile 0.0 and 1.4; Pittsburgh, PA comments received will be posted
Sec. without change to http://
AGENCY: Coast Guard, DHS.
360.77 Payment to a State claiming title to www.regulations.gov and will include
abandoned bonds. ACTION: Notice of proposed rulemaking. any personal information you have
provided.
§ 360.77 Payment to a State claiming title SUMMARY: The Coast Guard is proposing
to abandoned bonds. to establish a temporary safety zone on 1. Submitting Comments
(a) General. The Department of the the Allegheny River mile 0.0 to mile 1.4 If you submit a comment, please
Treasury may, in its discretion, from 5:45 a.m. to 8:45 a.m. on August include the docket number for this
recognize an escheat judgment that 8, 2015 and August 9, 2015. This safety rulemaking, indicate the specific section
purports to vest a State with title to a zone is needed to protect persons of this document to which each
definitive savings bond that has stopped participating in the Pittsburgh comment applies, and provide a reason
earning interest and is in the State’s Triathlon. Entry into this zone will be for each suggestion or recommendation.
prohibited to all vessels, mariners, and
tkelley on DSK3SPTVN1PROD with PROPOSALS
possession, when the State presents You may submit your comments and
evidence satisfactory to Treasury that persons unless specifically authorized material online at http://
the bond has been abandoned by all by the Captain of the Port (COTP), www.regulations.gov, or by fax, mail, or
persons entitled to payment under Pittsburgh or a designated hand delivery, but please use only one
Treasury regulations. A State claiming representative. of these means. If you submit a
title to a definitive savings bond as the DATES: Comments and related material comment online, it will be considered
heir to a deceased owner must comply must be received by the Coast Guard on received by the Coast Guard when you
with the requirements of subpart L of or before July 16, 2015. successfully transmit the comment. If
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you fax, hand deliver, or mail your determine that one would aid this within the enforcement areas is granted
comment, it will be considered as rulemaking, we will hold one at a time by the Captain of the Port Pittsburgh or
having been received by the Coast and place announced by a later notice a designated representative, all persons
Guard when it is received at the Docket in the Federal Register. and vessels receiving such authorization
Management Facility. We recommend must comply with the instructions of
B. Regulatory History and Information
that you include your name and a the Captain of the Port Pittsburgh or a
mailing address, an email address, or a The Coast Guard has a long history designated representative.
telephone number in the body of your working with local, state, and federal
agencies in areas to improve emergency E. Regulatory Analyses
document so that we can contact you if
we have questions regarding your response, to prepare for events that call We developed this proposed rule after
submission. for swift action, and to protect our considering numerous statutes and
To submit your comment online, go to nation. The Coast Guard is proposing to executive orders related to rulemaking.
http://www.regulations.gov, type the establish this safety zone on the waters Below we summarize our analyses
docket number [USCG–2015–0332] in of the Allegheny River for the Pittsburgh based on a number of these statutes or
the ‘‘SEARCH’’ box and click Triathlon. The marine event is executive orders.
‘‘SEARCH.’’ Click on ‘‘Submit a scheduled to take place from 5:45 a.m.
1. Regulatory Planning and Review
Comment’’ on the line associated with to 8:45 a.m. on August 8, 2015 and
this rulemaking. August 9, 2015. This proposed rule is This proposed rule is not a significant
If you submit your comments by mail necessary to protect the safety of the regulatory action under section 3(f) of
or hand delivery, submit them in an participants, spectators, commercial Executive Order 12866, Regulatory
unbound format, no larger than 81⁄2 by traffic, and the general public on the Planning and Review, as supplemented
11 inches, suitable for copying and navigable waters of the United States by Executive Order 13563, Improving
electronic filing. If you submit during the event. Regulation and Regulatory Review, and
comments by mail and would like to does not require an assessment of
C. Basis and Purpose potential costs and benefits under
know that they reached the Facility,
please enclose a stamped, self-addressed The legal basis and authorities for this section 6(a)(3) of Executive Order 12866
postcard or envelope. We will consider proposed rule are found in 33 U.S.C. or under section 1 of Executive Order
all comments and material received 1231; 50 U.S.C. 191; 33 CFR 1.05–1; 13563. The Office of Management and
during the comment period and may 6.04–1, 6.04–6, and 160.5; Department Budget has not reviewed it under those
change the rule based on your of Homeland Security Delegation No. Orders. The temporary safety zone listed
comments. 0170.1, which collectively authorize the in this proposed rule will restrict vessel
Coast Guard to propose, establish, and traffic from entering, transiting, or
2. Viewing Comments and Documents define safety zones. The purpose of this anchoring within a portion of the
To view comments, as well as proposed safety zone is to protect the Allegheny River. The effect of this
documents mentioned in this preamble participants of the Pittsburgh Triathlon proposed regulation will not be
as being available in the docket, go to during the swim portion of the event significant for several reasons: (1) The
http://www.regulations.gov, type the from the hazards of other vessels in the amount of time the Allegheny River will
docket number (USCG–2015–0332) in water. be closed (2) the impacts on routine
the ‘‘SEARCH’’ box and click navigation are expected to be minimal
D. Discussion of Proposed Rule
‘‘SEARCH.’’ Click on Open Docket because notifications to the marine
Folder on the line associated with this This proposed rule is necessary to community will be made through local
rulemaking. You may also visit the establish a safety zone that will notice to mariners (LNM) and broadcast
Docket Management Facility in Room encompass all waters of the Allegheny notice to mariners (BNM). Therefore,
W12–140 on the ground floor of the River in Pittsburgh, Pennsylvania. The these notifications will allow the public
Department of Transportation West proposed safety zone regulations would to plan operations around the proposed
Building, 1200 New Jersey Avenue SE., be enforced from approximately 5:45 safety zone and its enforcement times.
Washington, DC 20590, between 9 a.m. a.m. to 8:45 a.m. for approximately 3
hours on August 8, 2015 and August 9, 2. Impact on Small Entities
and 5 p.m., Monday through Friday,
except Federal holidays. 2015. As proposed, the safety zone The Regulatory Flexibility Act of 1980
would be a complete closure on the (RFA), 5 U.S.C. 601–612, as amended,
3. Privacy Act Allegheny River from mile 0.0 to mile requires federal agencies to consider the
Anyone can search the electronic 1.4 from 5:45 a.m. to 8:45 a.m. on potential impact of regulations on small
form of comments received into any of August 8, 2015 and August 9, 2015. All entities during rulemaking. The term
our dockets by the name of the persons and vessels, except those ‘‘small entities’’ comprises small
individual submitting the comment (or persons and vessels participating in the businesses, not-for-profit organizations
signing the comment, if submitted on triathlon and those vessels enforcing the that are independently owned and
behalf of an association, business, labor areas, would be prohibited from operated and are not dominant in their
union, etc.). You may review a Privacy entering, transiting through, anchoring fields, and governmental jurisdictions
Act notice regarding our public dockets in, or remaining within the proposed with populations of less than 50,000.
in the January 17, 2008, issue of the safety zone area. The Coast Guard certifies under 5 U.S.C.
Federal Register (73 FR 3316). Persons and vessels may request 605(b) that this proposed rule will not
tkelley on DSK3SPTVN1PROD with PROPOSALS
authorization to enter, transit through, have a significant economic impact on
4. Public Meeting anchor in, or remain within the a substantial number of small entities.
We do not plan to hold a public enforcement areas by contacting the This proposed rule will affect the
meeting. But you may submit a request Captain of the Port Pittsburgh by following entities, some of which may
for one using one of the methods telephone at (412) 221–0807, or a be small entities: the owners or
specified under ADDRESSES. Please designated representative via VHF radio operators of vessels intending to transit
explain why you believe a public on channel 16. If authorization to enter, the Allegheny River from mile 0.0 to
meeting would be beneficial. If we transit through, anchor in, or remain mile 1.4 effective from 5:45 a.m. to 8:45
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undesignated center heading Eighth completely replace and supersede the 957.9 Appearances.
Coast Guard District, to read as follows: prior rules. 957.10 Conduct of the hearing.
957.11 Witness fees.
DATES: Comments must be received on
§ 165.T08–0332 Safety Zone; Allegheny 957.12 Transcript.
River between mile 0.0 and 1.4; Pittsburgh, or before July 31, 2015. 957.13 Proposed findings of fact.
PA. ADDRESSES: Judicial Officer Department, 957.14 Findings of fact.
(a) Locations. The following area is a United States Postal Service, 2101 957.15 Computation of time.
Wilson Boulevard, Suite 600, Arlington, 957.16 Official record.
temporary safety zone: All waters on the 957.17 Public information.
Allegheny River mile 0.0 to mile 1.4. VA 22201–3078.
957.18 Ex parte communications.
(b) Effective date and time. The safety FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E. Authority: 39 U.S.C. 204, 401.
zone listed in section (a) is effective
from 5:45 a.m. to 8:45 a.m. on August Shapiro, (703) 812–1910. § 957.1 Authority for rules.
8, 2015 and August 9, 2015. SUPPLEMENTARY INFORMATION: The rules The rules in this part are issued by the
(c) Regulations. (1) In accordance with governing the Judicial Officer’s role Judicial Officer of the Postal Service
the general regulations in § 165.23 of regarding Postal Service debarments are pursuant to authority delegated by the
this part, entry into this area is set forth in 39 CFR part 957. The Postmaster General (39 U.S.C. 204, 401).
prohibited unless authorized by the proposed rules would completely
Captain of the Port (COTP) Pittsburgh or replace the former rules of this part. § 957.2 Scope of rules.
a designated representative. In 2007, the Postal Service changed its The rules in this part apply to
(2) Spectator vessels may safely procurement regulations regarding proceedings initiated pursuant to
transit outside the safety zones at a suspension and debarment from paragraphs (g)(2) or (h)(2) of § 601.113 of
minimum safe speed, but may not contracting. See 72 FR 58252 (October this chapter.
anchor, block, loiter, or impede 15, 2007). Whereas prior to that change, § 957.3 Definitions.
participants or official patrol vessels. the Judicial Officer conducted hearings
(3) Vessels requiring entry into or and rendered final agency decisions (a) Vice President means the Vice
passage through the safety zones must regarding suspension and debarment President, Supply Management, or the
request permission from the COTP Vice President’s representative for the
from contracting, the revised
Pittsburgh or a designated purpose of carrying out the provisions
procurement regulations at 39 CFR
representative. They may be contacted of § 601.113 of this chapter.
601.113 eliminated any role of the (b) General Counsel includes the
by telephone at (412) 412–0807. Judicial Officer from suspensions, and
(4) All vessels shall comply with the Postal Service’s General Counsel and
reserved final agency action regarding any designated representative within
instructions of the COTP Pittsburgh and debarments to the Vice President, the Office of the General Counsel.
designated personnel. Designated Supply Management. The remaining (c) Judicial Officer includes the Postal
personnel include commissioned, role of the Judicial Officer relative to Service’s Judicial Officer, Associate
warrant, and petty officers of the U.S. debarment from contracting is set forth Judicial Officer, and Acting Judicial
Coast Guard. in paragraphs (g)(2) and (h)(2) of Officer.
(d) Informational Broadcasts: The § 601.113. Those paragraphs provide (d) Debarment has the meaning given
Captain of the Port, Pittsburgh or a that the Vice President, Supply by paragraph (b)(2) of § 601.113 of this
designated representative will inform Management, may request the Judicial chapter.
the public through broadcast notices to Officer to conduct fact-finding hearings (e) Respondent means any individual,
mariners (BNM) of the effective period to resolve questions of material facts firm or other entity which has been
for the safety zone and of any changes involving a debarment, and will served a written notice of proposed
in the effective period, enforcement consider those findings when deciding debarment pursuant to paragraph (h), or
times, or size of the safety zones. the matter. Under paragraph (h)(2) of which previously has been debarred, as
Dated: June 10, 2015. § 601.113, fact-finding hearings will be provided in paragraph (g)(2) of
L. N. Weaver, governed by rules of procedure § 601.113 of this chapter.
Commander, U.S. Coast Guard, Captain of promulgated by the Judicial Officer. (f) Hearing Officer means the judge
the Port Pittsburgh. These rules of procedure satisfy that assigned to the case by the Judicial
[FR Doc. 2015–16258 Filed 6–30–15; 8:45 am]
requirement. Officer. The Hearing Officer may be the
Judicial Officer, Associate Judicial
BILLING CODE 9110–04–P List of Subjects in 39 CFR Part 957
Officer, Administrative Law Judge or an
Administrative practice and Administrative Judge who is a member
procedure, Government contracts. of the Postal Service Board of Contract
POSTAL SERVICE Appeals.
Accordingly, for the reasons stated,
39 CFR Part 957 the Postal Service proposes to revise 39 (g) Recorder means the Recorder of
CFR part 957 to read as follows: the Judicial Officer Department of the
Rules of Practice in Proceedings United States Postal Service, 2101
Relative to Debarment From PART 957—RULES OF PRACTICE IN Wilson Boulevard, Suite 600, Arlington,
Contracting PROCEEDINGS RELATIVE TO VA 22201–3078. The Recorder’s
DEBARMENT FROM CONTRACTING telephone number is (703) 812–1900,
AGENCY: Postal Service. fax number is (703) 812–1901, and the
Sec.
tkelley on DSK3SPTVN1PROD with PROPOSALS
ACTION: Proposed rule. 957.1 Authority for rules.
Judicial Officer’s Web site is http://
957.2 Scope of rules. www.about.usps.com/who-we-are/
SUMMARY: This document requests judicial/welcome.htm.
957.3 Definitions.
comments regarding a revision of the 957.4 Authority of the Hearing Officer.
rules for proceedings in which the § 957.4 Authority of the Hearing Officer.
957.5 Case initiation.
Judicial Officer Department conducts 957.6 Filing documents for the record. The Hearing Officer’s authority
fact-finding relative to debarments. The 957.7 Failure to appear at the hearing. includes, but is not limited to, the
revised rules of procedure would 957.8 Hearings. following:
VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\01JYP1.SGM 01JYP1](https://thefederalregister.org/doc/80_FR_37688/page/4.svg)
Document Created: 2015-12-15 13:19:11
Document Modified: 2015-12-15 13:19:11
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before July 16, 2015. | |
| 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 [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 37562 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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