83 FR 17333 - Special Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 76 (April 19, 2018)
Coast Guard
Federal Register Volume 83, Issue 76 (April 19, 2018)
| Page Range | 17333-17336 | |
| FR Document | 2018-08192 |
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)] [Proposed Rules] [Pages 17333-17336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08192] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0224] RIN 1625-AA08 Special Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh PA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a special local regulation for parts of the navigable waters of the Allegheny, Monongahela, and Ohio Rivers. This action is necessary to provide for the safety of life on these navigable waters during the weekend of the Kenny Chesney concert at Heinz Field. This proposed rulemaking would prohibit persons and vessels from loitering, anchoring, stopping, mooring, remaining, or drifting in any manner that impedes safe passage of another vessel to any launching ramp, marina, or fleeting area unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative. In addition, this proposed rulemaking would prohibit persons and vessels from loitering, anchoring, stopping, or drifting more than 100 feet from any riverbank unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 4, 2018. ADDRESSES: You may submit comments identified by docket number USCG- [[Page 17334]] 2018-0224 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Marine Safety Unit Pittsburgh DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis Heinz Field notified the Coast Guard that it would be holding a concert from 4 p.m. to 11 p.m. on June 2, 2018. Heinz Field is located in close proximity to the banks of the Ohio and Allegheny Rivers, which is a high vessel traffic area used by both commercial and recreational vessels. Due to the proximity of Heinz Field to these waterways, it will be a destination for many recreational vessels to anchor and loiter throughout the concert weekend from June 1, 2018 through June 3, 2018. The Coast Guard is concerned about possible collisions that could occur in this area and the impact of vessel congestion on maritime commerce due to transit delays. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has determined that this special local regulation is necessary to maintain an open navigation channel and ensure the safety of vessels and these navigable waters during the concert weekend. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters adjacent to Heinz Field on the Allegheny, Monongahela, and Ohio Rivers before, during, and after the Kenny Chesney concert weekend. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233. The Coast Guard is issuing this notice of proposed rulemaking (NPRM) with a 15-day prior notice and opportunity to comment pursuant to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C. 553). This provision authorizes an agency to publish a rule in less than 30 days before its effective date for ``good cause found and published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for publishing this NPRM with a 15-day comment period because it is impractical to provide a 30-day comment period. This proposed special local regulation is necessary to ensure the safety of vessels and persons during the concert weekend. It is impracticable to publish an NPRM with a 30-day comment period because we must establish this special local regulation by June 1, 2018. A 15- day comment period would allow the Coast Guard to provide for public notice and comment, but also publish a rule, if adopted, soon enough that the length of the notice and comment period does not compromise public safety. III. Discussion of Proposed Rule The COTP proposes to establish a temporary special local regulation for all navigable waters of the Allegheny, Monongahela, and Ohio Rivers between the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West End-North Side Highway Bridge at MM 0.8, Ohio River. The duration of the temporary special local regulation is intended to ensure the safety of vessels on these navigable waters before, during, and after the concert weekend. This proposed rule would apply to any vessel operating within the area, including a naval or public vessel, except a vessel engaged in law enforcement, servicing aids to navigation, or surveying, maintaining, or improving waters within the regulated area. No vessel would be permitted to loiter, anchor, stop, moor, remain or drift in any manner that impedes safe passage of another vessel to any launching ramp, marina, or fleeting area unless authorized by the COTP or a designated representative. In addition, no vessel or person would be permitted to loiter, anchor, stop, remain, or drift more than 100 feet from any riverbank unless authorized by the COTP or a designated representative. Persons and vessels seeking entry into the regulated area must request permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel 16. Persons and vessels permitted to enter this regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. The regulatory text we are proposing appears at the end of this document. IV. 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 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 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size and location of the special local regulation. The special local regulation will impact a small section of the Allegheny, Monongahela, and Ohio Rivers, less than three total miles. Moreover, the special local regulation will not stop vessels from transiting the area, it will only establish certain areas where vessels are prohibited from loitering, anchoring, stopping, or drifting more than 100 feet from any river bank. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. [[Page 17335]] If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 section. 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. C. Collection of Information This proposed rule would 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 proposed 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 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. 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 (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 a special local regulation that prohibits vessels from loitering, anchoring, stopping, remaining or drifting more than 100 feet from any bank. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of Implementation of the National Environmental Policy Act, Department of Homeland Security Instruction Manual 023-01-001-01. A preliminary environmental analysis checklist and 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. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. 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. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 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 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; 33 CFR1.05-1. 0 2. Add Sec. 100.T08-0224 to read as follows: Sec. 100.T08-0224 Allegheny River, Monongahela River, and Ohio Rivers, Pittsburgh, PA (a) Location. The following is a special local regulation for all navigable waters of the Allegheny, Monongahela, and Ohio Rivers between the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West End-North Side Highway Bridge at MM 0.8, Ohio River. (b) Applicability. This section applies to any vessel operating within the area, including a naval or public vessel, except a vessel engaged in: (1) Law enforcement; (2) Servicing aids to navigation; or [[Page 17336]] (3) Surveying, maintaining, or improving waters within the regulated area. (c) Regulations. (1) In accordance with the general regulations in Sec. 100.801, no vessel shall loiter, anchor, stop, moor, remain or drift in any manner as to impede safe passage of another vessel to any launching ramp, marina, or fleeting area unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. (2) No vessel shall loiter, anchor, stop, moor, remain or drift at any time more than 100 feet from any riverbank within the regulated area unless authorized by the COTP or a designated representative. (3) Persons and vessels seeking entry into the regulated area must request permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel 16. (4) Persons and vessels permitted to enter the regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (d) Effective period. This section will be effective from 4 p.m. on June 1, 2018 through 3 p.m. on June 3, 2018. (e) Informational broadcasts. The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. Dated: April 13, 2018. F.M. Smith, Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety Unit Pittsburgh. [FR Doc. 2018-08192 Filed 4-18-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules 17333
annual effect on the economy of $100 § 1303.12 Procurement quotas. substance,’’ after ‘‘strikes),’’ in
million or more; a major increase in * * * * * paragraph (a)(2), and add the phrase
costs or prices; or significant adverse (b) * * * The Administrator may ‘‘any risk of diversion of the controlled
effects on competition, employment, require additional information from an substance,’’ after ‘‘strikes),’’ in
investment, productivity, or innovation, applicant which, in the Administrator’s paragraph (b)(2).
or on the ability of United States-based judgment, may be helpful in detecting
§ 1303.32 [Amended]
enterprises to compete with foreign- or preventing diversion, including
based enterprises in domestic and customer identities and amounts of the ■ 8. In § 1303.32(a), add the phrase ‘‘and
export markets. controlled substance sold to each shall, if determined by the
customer. * * * Administrator to be necessary under
List of Subjects in 21 CFR Part 1303 § 1303.11(c) or 1303.13(c) based on
* * * * * objection by a state,’’ before ‘‘hold a
Administrative practice and ■ 4. In § 1303.13:
procedure, Drug traffic control. ■ a. Revise paragraph (b)(1).
hearing’’.
Accordingly, for the reasons stated in ■ b. In paragraph (c), add the phrase Dated: April 13, 2018.
the preamble, part 1303 of title 21 of the ‘‘and transmitted to each state attorney Robert W. Patterson,
Code of Federal Regulations is proposed general’’ before the period in the second Acting Administrator.
to be amended as follows: sentence, add the phrase ‘‘, except that [FR Doc. 2018–08111 Filed 4–18–18; 8:45 am]
the Administrator shall hold a hearing BILLING CODE 4410–09–P
PART 1303—QUOTAS if he determines it is necessary to
resolve an issue of material fact raised
■ 1. The authority citation for part 1303 by a state objecting to the proposed DEPARTMENT OF HOMELAND
continues to read as follows: adjusted quota as excessive for SECURITY
Authority: 21 U.S.C. 821, 826, 871(b). legitimate United States need’’ before
the period in the fourth sentence, Coast Guard
■ 2. In § 1303.11: remove the word ‘‘such’’ in the fifth
■ a. Remove the word ‘‘and’’ at the end sentence, and add the phrase ‘‘and 33 CFR Part 100
of paragraph (b)(4). transmitted to each state attorney
■ b. Redesignate paragraph (b)(5) as [Docket Number USCG–2018–0224]
general’’ before the period in the final
paragraph (b)(7). sentence. RIN 1625–AA08
■ c. Add new paragraphs (b)(5) and (6). The revision reads as follows:
■ d. In paragraph (c), add the phrase Special Local Regulation;
§ 1303.13 Adjustments of aggregate Monongahela, Allegheny, and Ohio
‘‘and transmitted to each state attorney production quotas.
general’’ before the period in the second Rivers, Pittsburgh PA
sentence, add the phrase ‘‘except that * * * * *
(b) * * * AGENCY: Coast Guard, DHS.
the Administrator shall hold a hearing ACTION: Notice of proposed rulemaking.
(1) Changes in the demand for that
if he determines it is necessary to
class, changes in the national rate of net
resolve an issue of material fact raised SUMMARY: The Coast Guard proposes to
disposal of the class, changes in the rate
by a state objecting to the proposed establish a special local regulation for
of net disposal of the class by registrants
quantity for the class as excessive for parts of the navigable waters of the
holding individual manufacturing
legitimate United States need’’ before Allegheny, Monongahela, and Ohio
quotas for that class, and changes in the
the period in the fourth sentence, Rivers. This action is necessary to
extent of any diversion in the class;
remove the word ‘‘such’’ in the fifth provide for the safety of life on these
sentence, add the phrase ‘‘, the * * * * * navigable waters during the weekend of
Administrator’’ before ‘‘shall issue’’ in § 1303.21 [Amended] the Kenny Chesney concert at Heinz
the sixth sentence, and add the phrase ■ 5. In § 1303.21(a), remove ‘‘§§ ’’ in the Field. This proposed rulemaking would
‘‘and transmitted to each state attorney second sentence and add in its place prohibit persons and vessels from
general’’ before the period in the final ‘‘§ ’’. loitering, anchoring, stopping, mooring,
sentence. ■ 6. In § 1303.22: remaining, or drifting in any manner
The additions read as follows: ■ a. In paragraph (c)(2), remove the that impedes safe passage of another
word ‘‘econolic’’ and add in its place vessel to any launching ramp, marina,
§ 1303.11 Aggregate production quotas. or fleeting area unless authorized by the
the word ‘‘economic’’.
* * * * * ■ b. Add paragraph (d). Captain of the Port Marine Safety Unit
(b) * * * The addition reads as follows: Pittsburgh or a designated
(5) The extent of any diversion of the representative. In addition, this
controlled substance in the class; § 1303.22 Procedure for applying for proposed rulemaking would prohibit
individual manufacturing quotas. persons and vessels from loitering,
(6) Relevant information obtained
from the Department of Health and * * * * * anchoring, stopping, or drifting more
Human Services, including from the (d) The Administrator may require than 100 feet from any riverbank unless
Food and Drug Administration, the additional information from an authorized by the Captain of the Port
Centers for Disease Control and applicant which, in the Administrator’s Marine Safety Unit Pittsburgh or a
judgment, may be helpful in detecting designated representative. We invite
daltland on DSKBBV9HB2PROD with PROPOSALS
Prevention, and the Centers for
Medicare and Medicaid Services, and or preventing diversion, including your comments on this proposed
relevant information obtained from the customer identities and amounts of the rulemaking.
states; and controlled substance sold to each
DATES: Comments and related material
customer.
* * * * * must be received by the Coast Guard on
■ 3. In § 1303.12(b), add after the fifth § 1303.23 [Amended] or before May 4, 2018.
sentence a new sentence to read as ■ 7. In § 1303.23, add the phrase ‘‘the ADDRESSES: You may submit comments
follows: extent of any diversion of the controlled identified by docket number USCG–
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![17336 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules
(3) Surveying, maintaining, or ACTION: Notice of proposed rulemaking. dimensions for various triggering and
improving waters within the regulated marine events that are expected to be
area. SUMMARY: The Coast Guard proposes to conducted within the Captain of the
(c) Regulations. (1) In accordance with amend its safety zones regulation for Port Buffalo Zone throughout the year.
the general regulations in § 100.801, no Annual Events in the Captain of the Port The purpose of the rulemaking is also to
vessel shall loiter, anchor, stop, moor, Buffalo Zone. This proposed ensure vessels and persons are protected
remain or drift in any manner as to amendment updates 12 permanent from the specific hazards related to the
impede safe passage of another vessel to safety zones and adds 12 new aforementioned events. These specific
any launching ramp, marina, or fleeting permanent safety zones. These hazards include obstructions in the
area unless authorized by the Captain of amendments and additions are waterway that may cause marine
the Port Marine Safety Unit Pittsburgh necessary to protect spectators, casualties; collisions among vessels
(COTP) or a designated representative. participants, and vessels from the maneuvering at a high speed within a
(2) No vessel shall loiter, anchor, stop, hazards associated with annual channel; the explosive dangers involved
moor, remain or drift at any time more maritime events, including fireworks in pyrotechnics and hazardous cargo;
than 100 feet from any riverbank within displays, boat races, and air shows. We and flaming/falling debris into the water
the regulated area unless authorized by invite your comments on this proposed that may cause injuries. The Coast
the COTP or a designated rulemaking. Guard proposes this rulemaking under
representative. DATES: Comments and related material authority in 33 U.S.C. 1231.
(3) Persons and vessels seeking entry must be received by the Coast Guard on
or before May 21, 2018. III. Discussion of Proposed Rule
into the regulated area must request
permission from the COTP or a ADDRESSES: You may submit comments This proposed rule amends 12
designated representative. A designated identified by docket number USCG– permanent safety zones found within
representative is a commissioned, 2017–1112 using the Federal table 165.939 of 33 CFR 165.939. These
warrant, or petty officer of the U.S. eRulemaking Portal at http:// 12 amendments involve updating the
Coast Guard assigned to units under the www.regulations.gov. See the ‘‘Public location, size, and/or enforcement
operational control of USCG Marine Participation and Request for times.
Safety Unit Pittsburgh. They may be Comments’’ portion of the Additionally, this proposed rule adds
contacted on VHF–FM Channel 16. SUPPLEMENTARY INFORMATION section for
12 new safety zones to table 165.939
(4) Persons and vessels permitted to further instructions on submitting within § 165.939 for annually-
enter the regulated area must transit at comments. reoccurring events in the Captain of the
their slowest safe speed and comply Port Buffalo Zone. These 12 zones were
FOR FURTHER INFORMATION CONTACT: If approved and published in the Federal
with all lawful directions issued by the you have questions about this proposed
COTP or the designated representative. Register as temporary safety zones in
rulemaking, call or email LT Michael 2017 and were added in order to protect
(d) Effective period. This section will Collet, Chief of Waterways Management,
be effective from 4 p.m. on June 1, 2018 the public from the safety hazards
U.S. Coast Guard Sector Buffalo; previously described. A list of specific
through 3 p.m. on June 3, 2018. telephone 716–843–9322, email D09-
(e) Informational broadcasts. The changes and additions are available in
SMB-SECBuffalo-WWM@uscg.mil. the attachments within this Docket.
COTP or a designated representative
SUPPLEMENTARY INFORMATION: The Captain of the Port Buffalo has
will inform the public of the effective
I. Table of Abbreviations determined that the safety zones in this
period for the safety zone as well as any
proposed rule are necessary to ensure
changes in the dates and times of CFR Code of Federal Regulations the safety of vessels and people during
enforcement through Local Notice to DHS Department of Homeland Security annual marine or triggering events in
Mariners (LNMs), Broadcast Notices to FR Federal Register
the Captain of the Port Buffalo zone.
Mariners (BNMs), and/or Marine Safety NPRM Notice of proposed rulemaking
§ Section Although this proposed rule will be
Information Bulletins (MSIBs) as
U.S.C. United States Code effective year-round, the safety zones in
appropriate.
this proposed rule will be enforced only
Dated: April 13, 2018. II. Background, Purpose, and Legal immediately before, during, and after
F.M. Smith, Basis events that pose a hazard to the public
Lieutenant Commander, U.S. Coast Guard, On June 18, 2008, the Coast Guard and only upon notice by the Captain of
Acting Captain of the Port Marine Safety Unit published a final rule entitled Safety the Port Buffalo.
Pittsburgh. Zones; Annual Fireworks Events in the The Captain of the Port Buffalo will
[FR Doc. 2018–08192 Filed 4–18–18; 8:45 am] Captain of the Port Buffalo Zone in the notify the public that the zones in this
BILLING CODE 9110–04–P Federal Register (73 FR 28705). This proposal are or will be enforced by all
final rule was published after the Coast appropriate means to the affected
Guard requested public comments in segments of the public, including
DEPARTMENT OF HOMELAND response to a preceding NPRM in the publication in the Federal Register, as
SECURITY Federal Register (73 FR 18225, April 3, practicable, in accordance with 33 CFR
2008). No public meeting was requested, 165.7(a). Such means of notification
Coast Guard and none was held. may also include, but are not limited to,
The legal basis for this proposed rule Broadcast Notice to Mariners or Local
daltland on DSKBBV9HB2PROD with PROPOSALS
33 CFR Part 165 is the Coast Guard’s authority to Notice to Mariners.
[Docket Number USCG–2017–1112] establish safety zones: 33 U.S.C. 1231; All persons and vessels must comply
33 CFR 1.05–1, 160.5; Department of with the instructions of the Coast Guard
RIN 1625–AA00 Captain of the Port Buffalo or his or her
Homeland Security Delegation No.
Safety Zones; Annual Events in the 0170.1. designated representative. Entry into,
Captain of the Port Buffalo Zone. The purpose of this rulemaking is to transiting, or anchoring within the
update the safety zones in § 165.939 to safety zones is prohibited unless
AGENCY: Coast Guard, DHS. ensure accuracy of times, dates, and authorized by the Captain of the Port or
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Document Created: 2018-04-19 00:40:34
Document Modified: 2018-04-19 00:40:34
| 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 May 4, 2018. | |
| Contact | If you have questions about this proposed rulemaking, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected] | |
| FR Citation | 83 FR 17333 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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