82_FR_26071 82 FR 25964 - Safety Zone; PUSH Beaver County/Beaver County Boom, Ohio River, Miles 25.2 to 25.6, Beaver, PA

82 FR 25964 - Safety Zone; PUSH Beaver County/Beaver County Boom, Ohio River, Miles 25.2 to 25.6, Beaver, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range25964-25965
FR Document2017-11620

The Coast Guard will enforce the subject safety zone for the PUSH Beaver County/Beaver County Boom Fireworks on the Ohio River. The zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the PUSH Beaver County/ Beaver County Boom barge-based firework 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 Marine Safety Unit Pittsburgh (COTP) or a designated representative.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25964-25965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11620]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0390]


Safety Zone; PUSH Beaver County/Beaver County Boom, Ohio River, 
Miles 25.2 to 25.6, Beaver, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the subject safety zone for the 
PUSH Beaver County/Beaver County Boom Fireworks on the Ohio River. The 
zone is needed to protect vessels transiting the area and event 
spectators from the hazards associated with the PUSH Beaver County/
Beaver County Boom barge-based firework 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 Marine Safety Unit Pittsburgh (COTP) or a 
designated representative.

DATES: The regulations in Table 1 in 33 CFR 165.801, No. 45, will be 
enforced from 8:30 p.m. until 10:30 p.m., on June 24, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email MST1 Jennifer Haggins, Marine 
Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
for the annual PUSH Beaver County/Beaver County Boom Fireworks listed 
in the regulations in Table 1 in 33 CFR 165.801, No. 45, from 8:30 p.m. 
to 10:30 p.m. on June 24, 2017. The safety zone extends the entire 
width of the Ohio River from mile 25.2 to 25.6. The zone is needed to 
protect vessels transiting the area and event spectators from the 
hazards associated with the PUSH Beaver County/Beaver County Boom 
barge-based firework display. Entry into the safety zone is prohibited 
unless authorized by the Captain of the Port Marine Safety Unit 
Pittsburgh (COTP) or a designated representative. Persons or vessels 
desiring to enter into or passage through the safety zone must request 
permission from the COTP or a designated representative. If permission 
is granted, all persons and vessels shall comply with the instructions 
of the COTP or designated representative.
    This notice of enforcement is issued under authority of 33 CFR 
165.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement 
in the Federal Register, the Coast Guard will provide the maritime 
community with advance notification of these enforcement periods via 
Local Notice to Mariners

[[Page 25965]]

and updates via Marine Information Broadcasts.

L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2017-11620 Filed 6-5-17; 8:45 am]
 BILLING CODE 9110-04-P



                                              25964               Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations

                                              Federal agencies to assess the effects of               § 165.T08–0300 Safety Zone; Upper                      SUMMARY:   The Coast Guard will enforce
                                              their discretionary regulatory actions. In              Mississippi River, Minneapolis and St. Paul,           the subject safety zone for the PUSH
                                              particular, the Act addresses actions                   MN.                                                    Beaver County/Beaver County Boom
                                              that may result in the expenditure by a                   (a) Location. The following area is a                Fireworks on the Ohio River. The zone
                                              State, local, or tribal government, in the              safety zone: All navigable waters of the               is needed to protect vessels transiting
                                              aggregate, or by the private sector of                  Upper Mississippi River between miles                  the area and event spectators from the
                                              $100,000,000 (adjusted for inflation) or                846 and 847, Minneapolis and St. Paul,                 hazards associated with the PUSH
                                              more in any one year. Though this rule                  MN.                                                    Beaver County/Beaver County Boom
                                              will not result in such an expenditure,                   (b) Definitions. As used in this                     barge-based firework display. During the
                                              we do discuss the effects of this rule                  section, a designated representative
                                                                                                                                                             enforcement period, entry into,
                                              elsewhere in this preamble.                             means a Coast Guard Patrol
                                                                                                                                                             transiting, or anchoring in the safety
                                                                                                      Commander, including a Coast Guard
                                              F. Environment                                                                                                 zone is prohibited to all vessels not
                                                                                                      coxswain, petty officer, or other officer
                                                                                                      operating a Coast Guard vessel and a                   registered with the sponsor as
                                                We have analyzed this rule under                                                                             participants or official patrol vessels,
                                              Department of Homeland Security                         Federal, State, and local officer
                                                                                                      designated by or assisting the Captain of              unless specifically authorized by the
                                              Management Directive 023–01 and
                                                                                                      the Port Upper Mississippi River                       Captain of the Port Marine Safety Unit
                                              Commandant Instruction M16475.lD,
                                                                                                      (COTP) in the enforcement of the safety                Pittsburgh (COTP) or a designated
                                              which guide the Coast Guard in
                                              complying with the National                             zone.                                                  representative.
                                              Environmental Policy Act of 1969 (42                      (c) Regulations. (1) Under the general
                                                                                                                                                             DATES: The regulations in Table 1 in 33
                                              U.S.C. 4321–4370f), and have                            safety zone regulations in § 165.23 of
                                                                                                                                                             CFR 165.801, No. 45, will be enforced
                                              determined that this action is one of a                 this part, you may not enter the safety
                                                                                                      zone described in paragraph (a) of this                from 8:30 p.m. until 10:30 p.m., on June
                                              category of actions that do not                                                                                24, 2017.
                                              individually or cumulatively have a                     section unless authorized by the COTP
                                              significant effect on the human                         or the COTP’s designated representative.               FOR FURTHER INFORMATION CONTACT:    If
                                              environment. This rule involves a safety                  (2) To seek permission to enter,                     you have questions about this notice of
                                              zone lasting five hours that will prohibit              contact the COTP or the COTP’s                         enforcement, call or email MST1
                                              entry from mile 846 to 847 on the UMR                   representative via VHF–FM channel 16,                  Jennifer Haggins, Marine Safety Unit
                                              on June 10, 2017. It is categorically                   or through Coast Guard Sector Upper                    Pittsburgh, U.S. Coast Guard; telephone
                                              excluded from further review under                      Mississippi River at 314–269–2332.                     412–221–0807, email
                                              paragraph 34(g) of Figure 2–1 of the                    Those in the safety zone must comply                   Jennifer.L.Haggins@uscg.mil.
                                              Commandant Instruction. A Record of                     with all lawful orders or directions
                                              Environmental Consideration are                         given to them by the COTP or the                       SUPPLEMENTARY INFORMATION:      The Coast
                                              available in the docket where indicated                 COTP’s designated representative.                      Guard will enforce the safety zone for
                                              under ADDRESSES.                                          (d) Effective period. This section will              the annual PUSH Beaver County/Beaver
                                                                                                      be effective from 10 a.m. to 3 p.m. on                 County Boom Fireworks listed in the
                                              G. Protest Activities                                   June 10, 2017.                                         regulations in Table 1 in 33 CFR
                                                The Coast Guard respects the First                      (e) Informational broadcasts. The                    165.801, No. 45, from 8:30 p.m. to 10:30
                                              Amendment rights of protesters.                         COTP or a designated representative                    p.m. on June 24, 2017. The safety zone
                                              Protesters are asked to contact the                     will inform the public through                         extends the entire width of the Ohio
                                              person listed in the FOR FURTHER                        broadcast notices to mariners of the                   River from mile 25.2 to 25.6. The zone
                                              INFORMATION CONTACT section to                          enforcement period for the safety zone                 is needed to protect vessels transiting
                                              coordinate protest activities so that your              as well as any changes in the dates and                the area and event spectators from the
                                              message can be received without                         times of enforcement.                                  hazards associated with the PUSH
                                              jeopardizing the safety or security of                    Dated: May 31, 2017.                                 Beaver County/Beaver County Boom
                                              people, places or vessels.                              M.L. Malloy,                                           barge-based firework display. Entry into
                                              List of Subjects in 33 CFR Part 165                     Captain, U.S. Coast Guard, Captain of the              the safety zone is prohibited unless
                                                                                                      Port Sector Upper Mississippi.                         authorized by the Captain of the Port
                                                Harbors, Marine safety, Navigation                    [FR Doc. 2017–11621 Filed 6–5–17; 8:45 am]             Marine Safety Unit Pittsburgh (COTP) or
                                              (water), Reporting and recordkeeping                    BILLING CODE 9110–04–P                                 a designated representative. Persons or
                                              requirements, Security Measures,                                                                               vessels desiring to enter into or passage
                                              Waterways.                                                                                                     through the safety zone must request
                                                For the reasons discussed in the                      DEPARTMENT OF HOMELAND                                 permission from the COTP or a
                                              preamble, the Coast Guard amends 33                     SECURITY                                               designated representative. If permission
                                              CFR part 165 as follows:                                Coast Guard                                            is granted, all persons and vessels shall
                                                                                                                                                             comply with the instructions of the
                                              PART 165—REGULATED NAVIGATION                                                                                  COTP or designated representative.
                                              AREAS AND LIMITED ACCESS AREAS                          33 CFR Part 165
                                                                                                                                                                This notice of enforcement is issued
                                                                                                      [Docket No. USCG–2017–0390]                            under authority of 33 CFR 165.801 and
                                              ■ 1. The authority citation for part 165
                                              continues to read as follows:                                                                                  5 U.S.C. 552(a). In addition to this
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                                                                                                      Safety Zone; PUSH Beaver County/                       notice of enforcement in the Federal
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Beaver County Boom, Ohio River,                        Register, the Coast Guard will provide
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Miles 25.2 to 25.6, Beaver, PA
                                              Department of Homeland Security Delegation                                                                     the maritime community with advance
                                              No. 0170.1.                                             AGENCY:  Coast Guard, DHS.                             notification of these enforcement
                                                                                                      ACTION: Notice of enforcement of                       periods via Local Notice to Mariners
                                              ■ 2. Add § 165.T08–0300 to read as
                                                                                                      regulation.
                                              follows:


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                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations                                         25965

                                              and updates via Marine Information                      II. Background Information and                         in the regulatory text of this rule from
                                              Broadcasts.                                             Regulatory History                                     the proposed rule on the NPRM.
                                                                                                                                                               This rule amends and updates part
                                              L. Mcclain, Jr.,                                           The Captain of the Port Ohio Valley
                                                                                                                                                             165 or 33 CFR by revising the current
                                              Commander, U.S. Coast Guard, Captain of                 (COTP) is establishing, amending, and
                                                                                                                                                             table for Sector Ohio Valley, and by
                                              the Port Marine Safety Unit Pittsburgh.                 updating 33 CFR 165.801 to update our
                                                                                                                                                             adding 5 new recurring safety zones and
                                              [FR Doc. 2017–11620 Filed 6–5–17; 8:45 am]              regulations for annual fireworks
                                                                                                                                                             removing 1 safety zone as desired in the
                                                                                                      displays and other events in the Eighth
                                              BILLING CODE 9110–04–P                                                                                         NPRM. Vessels intending to transit the
                                                                                                      Coast Guard District requiring safety
                                                                                                                                                             designated waterway through the safety
                                                                                                      zones with respect to those in Sector
                                                                                                                                                             zone will only be allowed to transit the
                                              DEPARTMENT OF HOMELAND                                  Ohio Valley. These events include air
                                                                                                                                                             area when the COTP, or a designated
                                              SECURITY                                                shows, fireworks displays, and other
                                                                                                                                                             representative, has deemed it safe to do
                                                                                                      marine related events requiring a
                                                                                                                                                             so or at the completion of the event.
                                              Coast Guard                                             limited access area restricting vessel
                                                                                                      traffic for safety purposes.                           V. Regulatory Analyses
                                              33 CFR Part 165                                            On March 30, 2017, the Coast Guard                    We developed this rule after
                                                                                                      published a notice of proposed                         considering numerous statutes and
                                              [Docket Number USCG–2017–0011]                          rulemaking (NPRM) entitled, ‘‘Sector                   Executive orders related to rulemaking.
                                                                                                      Ohio Valley Annual and Recurring                       Below we summarize our analyses
                                              RIN 1625–AA00                                           Safety Zones Update’’ (82 FR 15666).                   based on a number of these statutes and
                                                                                                      There we stated why we issued the                      Executive orders, and we discuss First
                                              Safety Zones; Coast Guard Sector                        NPRM, and invited comments on our
                                              Ohio Valley Annual and Recurring                                                                               Amendment rights of protestors.
                                                                                                      proposed regulatory action related to
                                              Safety Zones Update                                     those recurring safety zones. The public               A. Regulatory Planning and Review
                                              AGENCY:  Coast Guard, DHS.                              comment period ended on May 1, 2017.                      Executive Orders 12866 and 13563
                                                                                                      During the comment period, we did not                  direct agencies to assess the costs and
                                              ACTION: Final rule.
                                                                                                      receive any comments.                                  benefits of available regulatory
                                              SUMMARY:   The Coast Guard is amending                     We are issuing this rule, and under 5               alternatives and, if regulation is
                                              and updating its safety zones                           U.S.C. 553(d)(3), the Coast Guard finds                necessary, to select regulatory
                                              regulations that take place in the Coast                that good cause exists for making it                   approaches that maximize net benefits.
                                              Guard Sector Ohio Valley area. This                     effective less than 30 days after                      Executive Order 13563 emphasizes the
                                              informs the public of regularly                         publication in the Federal Register. It                importance of quantifying both costs
                                              scheduled events that require additional                would be impracticable to provide a full               and benefits, of reducing costs, of
                                              safety measures through the establishing                30-days notice because this rule must be               harmonizing rules, and of promoting
                                              of a safety zone. Through this                          effective June 03, 2017.                               flexibility. This rule has not been
                                              rulemaking the current list of recurring                III. Legal Authority and Need for Rule                 designated a ‘‘significant regulatory
                                              safety zones is updated with revisions,                                                                        action,’’ under Executive Order 12866.
                                              additional events, and removal of events                   The Coast Guard’s authority for                     Accordingly, it has not been reviewed
                                              that no longer take place in Sector Ohio                establishing a safety zone is contained at             by the Office of Management and
                                              Valley’s AOR. When these safety zones                   33 U.S.C. 1231. The Coast Guard is                     Budget.
                                              are enforced, certain restrictions are                  amending and updating the safety zones                    The Coast Guard expects the
                                              placed on marine traffic in specified                   under 33 CFR part 165 to include the                   economic impact of this rule to be
                                              areas.                                                  most up to date list of recurring safety               minimal, and therefore a full regulatory
                                                                                                      zones for events held on or around                     evaluation is unnecessary. This rule
                                              DATES:   This rule is effective June 6,                 navigable waters within the Sector Ohio                establishes safety zones limiting access
                                              2017.                                                   Valley AOR. These events include                       to certain areas under 33 CFR part 165
                                              ADDRESSES:   To view documents                          fireworks displays, air shows, and                     within Sector Ohio Valley’s AOR. The
                                              mentioned in this preamble as being                     others. The current list in 33 CFR                     effect of this rulemaking will not be
                                              available in the docket, go to http://                  165.801 requires amending to provide                   significant because these safety zones
                                              www.regulations.gov, type USCG–2017–                    new information on existing safety                     are limited in scope and duration.
                                              0011 in the ‘‘SEARCH’’ box and click                    zones, include new safety zones                        Additionally, the public is given
                                              ‘‘SEARCH.’’ Click on Open Docket                        expected to recur annually or                          advance notification through local forms
                                              Folder on the line associated with this                 biannually, and to remove safety zones                 of notice, the Federal Register, and/or
                                              rule.                                                   that are no longer required. Issuing                   Notices of Enforcement and thus will be
                                              FOR FURTHER INFORMATION CONTACT: If                     individual regulations for each new                    able to plan around the safety zones in
                                              you have questions on this rule, call or                safety zone, amendment, or removal of                  advance. Broadcast Notices to Mariners
                                              email Petty Officer James Robinson,                     an existing safety zone creates                        and Local Notices to Mariners will also
                                              Sector Ohio Valley, U.S. Coast Guard;                   unnecessary administrative costs and                   inform the community of these safety
                                              telephone (502) 779–5347, email                         burdens. This rulemaking reduces                       zones. Vessel traffic may request
                                              James.C.Robinson@uscg.mil.                              administrative overhead and provides                   permission from the COTP or a
                                                                                                      the public with notice through                         designated representative to enter the
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      publication in the Federal Register of                 restricted areas.
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                                              I. Table of Abbreviations                               the upcoming recurring safety zones.
                                                                                                                                                             B. Impact on Small Entities
                                              CFR Code of Federal Regulations                         IV. Discussion of Comments, Changes,
                                              DHS Department of Homeland Security
                                                                                                                                                               The Regulatory Flexibility Act of
                                                                                                      and the Rule                                           1980, 5 U.S.C. 601–612, as amended,
                                              FR Federal Register
                                              NPRM Notice of proposed rulemaking                        As noted above, we received no                       requires Federal agencies to consider
                                              § Section                                               comments on our NPRM published on                      the potential impact of regulations on
                                              U.S.C. United States Code                               March 30, 2017. There are no changes                   small entities during rulemaking. The


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Document Created: 2017-06-06 06:21:40
Document Modified: 2017-06-06 06:21:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulations in Table 1 in 33 CFR 165.801, No. 45, will be enforced from 8:30 p.m. until 10:30 p.m., on June 24, 2017.
ContactIf you have questions about this notice of enforcement, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation82 FR 25964 

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