81 FR 33392 - Safety Zone; Monongahela River Mile 97.5 to Mile 100.5, Morgantown, WV
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 102 (May 26, 2016)
Coast Guard
Federal Register Volume 81, Issue 102 (May 26, 2016)
| Page Range | 33392-33394 | |
| FR Document | 2016-12371 |
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)] [Rules and Regulations] [Pages 33392-33394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12371] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0202] RIN 1625-AA00 Safety Zone; Monongahela River Mile 97.5 to Mile 100.5, Morgantown, WV AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters of the Monongahela River from mile 97.5 to mile 100.5. The safety zone is needed to protect spectators, participants, and personnel involved in the West Virginia Triathlon. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh. DATES: This rule is effective from 6 a.m. until 10 a.m. on June 19, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0202 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Coast Guard received notice on March 1, 2016, that this event would take place. After receiving and fully reviewing the event information, circumstances and exact location, the Coast Guard determined that a safety zone is necessary to protect spectators, participants, and the personnel involved in the West Virginia Triathlon. It would be impracticable to complete the full NPRM process for this safety zone because it needs to be established by June, 19, 2016. The triathlon event has been advertised and the local community has prepared for the event. For the same reasons, under 5 U.S.C. 553(d)(3), we find good cause for making this rule effective less than 30 days after publication. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Pittsburgh (COTP) has determined that a safety zone is needed on June 19, 2016. This rule is needed to protect personnel, spectators, and participants in navigable waters during the swimming portion of the West Virginia Triathlon. IV. Discussion of the Rule This rule establishes a safety zone on June 19, 2016, from 6 a.m. until 10 a.m. The safety zone will cover all navigable waters on the Monongahela River from mile 97.5 to mile 100.5. The duration of the safety zone is intended to protect personnel, spectators, and participants while the swimming portion of the West Virginia Triathlon takes place. No vessel or person will be permitted to enter the [[Page 33393]] safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive order related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, and duration of the safety zone. This safety zone impacts a small portion of the waterway and for a limited duration of four hours. Vessel traffic will be informed about the safety zone through local notices to mariners. Moreover, the Coast Guard will issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about the zone and the rule allows vessels to seek permission to transit the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting four hours that will prohibit entry on all waters of the Monongahela River from mile 97.5 to mile 100.5 during the swimming portion of West Virginia Triathlon. It is categorically excluded from further review under paragraph 34 (g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: [[Page 33394]] PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T08-0202 to read as follows: Sec. 165.T08-0202 Safety Zone, Monongahela River, Pittsburgh, PA. (a) Location. The following area is a safety zone: all waters of the Monongahela River, from mile 97.5 to 100.5, extending the entire width of the waterway. (b) Effective period. This section is effective, and will be enforced, from 6 a.m. until 10 a.m. on June 19, 2016. (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 Captain of the Port Pittsburgh or a designated representative. (2) Persons or vessels requiring entry into or passage through the zone must request permission from the Captain of the Port Pittsburgh or a designated representative. The Captain of the Pittsburgh representative may be contacted at 412-221-0807. (3) All persons and vessels shall comply with the instructions of the Captain of the Port Pittsburgh or their designated representative. Designated Captain of the Port representatives include United States Coast Guard commissioned, warrant, and petty officers. (d) Information broadcasts. The Captain of the Port 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: April 25, 2016. L. McClain, Jr., Commander, U.S. Coast Guard, Captain of the Port Pittsburgh. [FR Doc. 2016-12371 Filed 5-25-16; 8:45 am] BILLING CODE 9110-04-P
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SUMMARY: The Coast Guard has issued a to open for emergencies and there is no SUPPLEMENTARY INFORMATION:
temporary deviation from the operating immediate alternate route for vessels
I. Table of Abbreviations
schedule that governs the Coleman unable to pass through the bridge in the
Memorial Bridge (US 17) across the closed position. The Coast Guard will CFR Code of Federal Regulations
York River, mile 7.0, Yorktown, VA. also inform the users of the waterways DHS Department of Homeland Security
The deviation is necessary to perform through our Local and Broadcast FR Federal Register
NPRM Notice of proposed rulemaking
bridge maintenance. This deviation Notices to Mariners of the change in § Section
allows the bridge to remain in the operating schedule for the bridge so that U.S.C. United States Code
closed-to-navigation position. vessel operators can arrange their
DATES: This deviation is effective transits to minimize any impact caused II. Background Information and
without actual notice from May 26, 2016 by the temporary deviation. Regulatory History
to 7 p.m. on July 17, 2016. For the In accordance with 33 CFR 117.35(e), The Coast Guard is issuing this
purposes of enforcement, actual notice the drawbridge must return to its regular temporary rule without prior notice and
will be used from 7 a.m. on May 22, operating schedule immediately at the opportunity to comment pursuant to
2016, until May 26, 2016. end of the effective period of this authority under section 4(a) of the
ADDRESSES: The docket for this temporary deviation. This deviation Administrative Procedure Act (APA) (5
deviation, [USCG–2016–0360] is from the operating regulations is U.S.C. 553(b)). This provision
available at http://www.regulations.gov. authorized under 33 CFR 117.35. authorizes an agency to issue a rule
Type the docket number in the Dated: May 19, 2016. without prior notice and opportunity to
‘‘SEARCH’’ box and click ‘‘SEARCH’’. Hal R. Pitts, comment when the agency for good
Click on Open Docket Folder on the line Bridge Program Manager, Fifth Coast Guard cause finds that those procedures are
associated with this deviation. District. ‘‘impracticable, unnecessary, or contrary
FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2016–12405 Filed 5–25–16; 8:45 am] to the public interest.’’ Under 5 U.S.C.
you have questions on this temporary BILLING CODE 9110–04–P
553(b)(B), the Coast Guard finds that
deviation, call or email Mrs. Traci good cause exists for not publishing a
Whitfield, Bridge Administration notice of proposed rulemaking (NPRM)
Branch Fifth District, Coast Guard; DEPARTMENT OF HOMELAND with respect to this rule because the
telephone (757) 398–6629, email SECURITY Coast Guard received notice on March 1,
Traci.G.Whitfield@uscg.mil. 2016, that this event would take place.
Coast Guard After receiving and fully reviewing the
SUPPLEMENTARY INFORMATION: Virginia
event information, circumstances and
Department of Transportation (VDOT),
33 CFR Part 165 exact location, the Coast Guard
the owner of the Coleman Memorial
determined that a safety zone is
Bridge (US 17), has requested a [Docket Number USCG–2016–0202]
necessary to protect spectators,
temporary deviation from the current RIN 1625–AA00 participants, and the personnel involved
operating regulation to perform repairs.
in the West Virginia Triathlon. It would
VDOT needs to perform mechanical Safety Zone; Monongahela River Mile be impracticable to complete the full
work that cannot be accomplished when 97.5 to Mile 100.5, Morgantown, WV NPRM process for this safety zone
the bridge is moveable. The bridge must because it needs to be established by
be in the closed-to-navigation position AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule. June, 19, 2016. The triathlon event has
to perform the maintenance. The bridge been advertised and the local
is a single bascule span and has a SUMMARY: The Coast Guard is community has prepared for the event.
vertical clearance in the closed position establishing a temporary safety zone for For the same reasons, under 5 U.S.C.
of seven feet above mean high water. navigable waters of the Monongahela 553(d)(3), we find good cause for
The York River is used by a variety of River from mile 97.5 to mile 100.5. The making this rule effective less than 30
vessels including deep draft ocean-going safety zone is needed to protect days after publication.
vessels, U. S. government vessels, Small spectators, participants, and personnel
commercial fishing vessels, recreational III. Legal Authority and Need for Rule
involved in the West Virginia Triathlon.
vessels and tug and barge traffic. The Entry of vessels or persons into this The Coast Guard is issuing this rule
Coast Guard has carefully coordinated zone is prohibited unless specifically under authority in 33 U.S.C. 1231. The
the restrictions with U. S. government authorized by the Captain of the Port Captain of the Port Pittsburgh (COTP)
and commercial waterway users. Pittsburgh. has determined that a safety zone is
Under this temporary deviation, the needed on June 19, 2016. This rule is
bridge will remain in the closed-to- DATES: This rule is effective from 6 a.m.
needed to protect personnel, spectators,
navigation position from 7 a.m. to 7 until 10 a.m. on June 19, 2016.
and participants in navigable waters
p.m. as follows: Sunday, May 22, 2016; ADDRESSES: To view documents during the swimming portion of the
Sunday, June 5, 2016 with an inclement mentioned in this preamble as being West Virginia Triathlon.
weather date on Sunday, June 12, 2016; available in the docket, go to http://
Sunday, June 19, 2016 with an www.regulations.gov, type USCG–2016– IV. Discussion of the Rule
inclement weather date on Sunday, June 0202 in the ‘‘SEARCH’’ box and click This rule establishes a safety zone on
26, 2016; and Sunday, July 10, 2016 ‘‘SEARCH.’’ Click on Open Docket June 19, 2016, from 6 a.m. until 10 a.m.
with an inclement weather date on Folder on the line associated with this The safety zone will cover all navigable
sradovich on DSK3TPTVN1PROD with RULES
Sunday, July 17, 2016. At all other rule. waters on the Monongahela River from
times, the bridge will operate in FOR FURTHER INFORMATION CONTACT: If mile 97.5 to mile 100.5. The duration of
accordance with the operating you have questions on this rule, call or the safety zone is intended to protect
regulations set out in 33 CFR 117.1025. email MST1 Jennifer Haggins, Marine personnel, spectators, and participants
Vessels able to pass through the Safety Unit Pittsburgh, U.S. Coast while the swimming portion of the West
bridge in the closed position may do so Guard, at telephone 412–221–0807, Virginia Triathlon takes place. No vessel
at anytime. The bridge will not be able email Jennifer.L.Haggins@uscg.mil. or person will be permitted to enter the
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PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION information about CBI or multimedia
AREAS AND LIMITED ACCESS AREAS AGENCY submissions, and general guidance on
making effective comments, please visit
■ 1. The authority citation for part 165 40 CFR Part 52 http://www2.epa.gov/dockets/
continues to read as follows: [EPA–R01–OAR–2015–0801; A–1–FRL– commenting-epa-dockets.
9946–94–Region 1] FOR FURTHER INFORMATION CONTACT:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; David L. Mackintosh, Air Quality
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Air Plan Approval; ME; Control of Planning Unit, U.S. Environmental
Department of Homeland Security Delegation Volatile Organic Compound Emissions Protection Agency, EPA New England
No. 0170.1. From Fiberglass Boat Manufacturing Regional Office, 5 Post Office Square—
and Surface Coating Facilities Suite 100, (Mail code OEP05–2), Boston,
■ 2. Add § 165.T08–0202 to read as
AGENCY: Environmental Protection MA 02109–3912, tel. 617–918–1584, fax
follows:
Agency. 617–918–0668, email
§ 165.T08–0202 Safety Zone, Monongahela ACTION: Direct final rule. Mackintosh.David@epa.gov.
River, Pittsburgh, PA. SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection Throughout this document whenever
(a) Location. The following area is a Agency (EPA) is approving State
safety zone: all waters of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Implementation Plan (SIP) revisions EPA. Organization of this document.
Monongahela River, from mile 97.5 to submitted by the State of Maine. These The following outline is provided to aid
100.5, extending the entire width of the revisions establish Reasonably Available in locating information in this preamble.
waterway. Control Technology (RACT)
requirements for reducing volatile I. What action is EPA taking?
(b) Effective period. This section is II. What is the background for this action?
effective, and will be enforced, from 6 organic compound (VOC) emissions
III. What is included in Maine’s submittals?
a.m. until 10 a.m. on June 19, 2016. from fiberglass boat manufacturing and IV. EPA’s Evaluation of Maine’s Submittals
surface coating operations. The V. Final Action
(c) Regulations. (1) In accordance with intended effect of this action is to VI. Incorporation by Reference
the general regulations in § 165.23 of approve these requirements into the VII. Statutory and Executive Order Reviews
this part, entry into this zone is Maine SIP. This action is being taken in
prohibited unless authorized by the accordance with the Clean Air Act. I. What action is EPA taking?
Captain of the Port Pittsburgh or a DATES: This direct final rule will be EPA is approving Maine’s Chapter
designated representative. effective July 25, 2016, unless EPA 162, ‘‘Fiberglass Boat Manufacturing
(2) Persons or vessels requiring entry receives adverse comments by June 27, Materials,’’ submitted on July 1, 2014, to
into or passage through the zone must 2016. If adverse comments are received, address EPA’s Control Techniques
request permission from the Captain of EPA will publish a timely withdrawal of Guidelines (CTG) for Fiberglass Boat
the Port Pittsburgh or a designated the direct final rule in the Federal Manufacturing Materials (EPA–453/R–
representative. The Captain of the Register informing the public that the 08–004, September 2008). EPA is also
Pittsburgh representative may be rule will not take effect. approving Maine’s revised Chapter 129,
contacted at 412–221–0807. ADDRESSES: Submit your comments, ‘‘Surface Coating Facilities,’’ submitted
identified by Docket ID No. EPA–R01– on August 18, 2015, to address EPA’s
(3) All persons and vessels shall OAR–2015–0801 at http:// CTG for Miscellaneous Metal and
comply with the instructions of the www.regulations.gov, or via email to Plastic Parts Coatings (EPA–453/R–08–
Captain of the Port Pittsburgh or their Mackintosh.David@epa.gov. For 003, September 2008). These two Maine
designated representative. Designated comments submitted at Regulations.gov, regulations implement RACT for the
Captain of the Port representatives follow the online instructions for applicable facility operations. Lastly,
include United States Coast Guard submitting comments. Once submitted, EPA is approving Maine’s negative
commissioned, warrant, and petty comments cannot be edited or removed declarations for two CTGs, Automobile
officers. from Regulations.gov. For either manner and Light-Duty Truck Assembly
(d) Information broadcasts. The of submission, the EPA may publish any Coatings (EPA–453/R–08–006,
Captain of the Port Pittsburgh or a comment received to its public docket. September 2008) and Large Appliance
designated representative will inform Do not submit electronically any Coatings (EPA–453/R–07–004,
the public through broadcast notices to information you consider to be September 2007), which were submitted
Confidential Business Information (CBI) on April 23, 2013.
mariners of the enforcement period for
or other information whose disclosure is
the safety zone as well as any changes II. What is the background for this
restricted by statute. Multimedia
in the planned schedule. action?
submissions (audio, video, etc.) must be
Dated: April 25, 2016. accompanied by a written comment. Maine is part of the Ozone Transport
L. McClain, Jr., The written comment is considered the Region (OTR) under Section 184(a) of
Commander, U.S. Coast Guard, Captain of official comment and should include the CAA. Sections 182(b)(2) and 184 of
the Port Pittsburgh. discussion of all points you wish to the CAA compel states with moderate
[FR Doc. 2016–12371 Filed 5–25–16; 8:45 am] make. The EPA will generally not and above ozone nonattainment areas,
consider comments or comment as well as areas in the OTR,
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BILLING CODE 9110–04–P
contents located outside of the primary respectively, to submit a SIP revision
submission (i.e. on the web, cloud, or requiring the implementation of RACT
other file sharing system). For for sources covered by a CTG and for all
additional submission methods, please major sources. A CTG is a document
contact the person identified in the ‘‘For issued by EPA which establishes a
Further Information Contact’’ section. ‘‘presumptive norm’’ for RACT for a
For the full EPA public comment policy, specific VOC source category.
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Document Created: 2016-05-26 01:13:23
Document Modified: 2016-05-26 01:13:23
| 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 from 6 a.m. until 10 a.m. on June 19, 2016. | |
| Contact | If you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email [email protected] | |
| FR Citation | 81 FR 33392 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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