83 FR 57321 - Safety Zone; Santa Spectacular, Ohio River, Monongahela River, Allegheny River, Pittsburgh, PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 221 (November 15, 2018)
Coast Guard
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57321-57322 | |
| FR Document | 2018-24900 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Rules and Regulations] [Pages 57321-57322] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24900] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0907] Safety Zone; Santa Spectacular, Ohio River, Monongahela River, Allegheny River, Pittsburgh, PA AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce the safety zone for the Santa Spectacular Fireworks to provide for the safety of persons, vessels, and the marine environment on the navigable waters of the Ohio River, Monongahela River and Allegheny River during this event. Our regulation for marine events within the Eighth Coast Guard District identifies the regulated area for this event in Pittsburgh, PA. During the enforcement period, entry into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative. DATES: The regulations in 33 CFR 165.801, Table 1, Line 64 will be enforced from 8 p.m. through 9:30 p.m. on November 16, 2018. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221- 0807, email Jennifer.L.Haggins@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary safety zone for the Santa Spectacular Fireworks Race in 33 CFR 165.801, Table 1, titled ``Sector Ohio Valley Annual and Recurring Safety Zones,'' line 64, from 8 p.m. through 9:30 p.m. on November 16, 2018. This action is being taken to provide for the safety of persons, vessels, and the marine environment on the navigable waters of the Ohio River, Monongahela River and Allegheny River during this event. Our regulation for marine events within the Eighth Coast Guard District, Sec. 165.801 [[Page 57322]] specifies the location of the regulated area for the Santa Spectacular Fireworks. Entry into the regulated area 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 pass through the regulated area must request permission from the COTP or a designated representative. They can be reached on VHF FM channel 16. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. In addition to this notice of enforcement in the Federal Register, the COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), Marine Safety Information Bulletins (MSIBs), and/or through other means of public notice as appropriate at least 24 hours in advance of enforcement. A.W. Demo, Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit Pittsburgh. [FR Doc. 2018-24900 Filed 11-14-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 57321
principles and preemption requirements List of Subjects in 33 CFR Part 165 (e) Enforcement period. This zone
described in Executive Order 13132. Harbors, Marine safety, Navigation will be enforced from 8:15 p.m. through
Also, this rule does not have tribal (water), Reporting and recordkeeping 9:15 p.m. on November 14, 2018.
implications under Executive Order requirements, Security measures, Dated: November 9, 2018.
13175, Consultation and Coordination Waterways. S.E. Anderson,
with Indian Tribal Governments, For the reasons discussed in the Captain, U.S. Coast Guard, Captain of the
because it does not have a substantial preamble, the Coast Guard amends 33 Port Delaware Bay.
direct effect on one or more Indian CFR part 165 as follows: [FR Doc. 2018–24978 Filed 11–14–18; 8:45 am]
tribes, on the relationship between the
BILLING CODE 9110–04–P
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS
responsibilities between the Federal DEPARTMENT OF HOMELAND
Government and Indian tribes. If you ■ 1. The authority citation for part 165
continues to read as follows: SECURITY
believe this rule has implications for
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Coast Guard
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
FURTHER INFORMATION CONTACT section. Department of Homeland Security Delegation 33 CFR Part 165
No. 0170.1.
E. Unfunded Mandates Reform Act [Docket No. USCG–2018–0907]
■ 2. Add § 165.T05–0948 to read as
The Unfunded Mandates Reform Act follows: Safety Zone; Santa Spectacular, Ohio
of 1995 (2 U.S.C. 1531–1538) requires River, Monongahela River, Allegheny
§ 165.T05–0948 Safety Zone; Delaware
Federal agencies to assess the effects of River; Camden, NJ; Fireworks Display. River, Pittsburgh, PA
their discretionary regulatory actions. In
(a) Location. The following area is a AGENCY: Coast Guard, DHS.
particular, the Act addresses actions
safety zone: All waters of the Delaware ACTION: Notice of enforcement of
that may result in the expenditure by a
River within a 600-foot radius of the regulation.
State, local, or tribal government, in the
fireworks barge, which will be anchored
aggregate, or by the private sector of
in approximate position 39°56′20″ N SUMMARY: The Coast Guard will enforce
$100,000,000 (adjusted for inflation) or
Latitude 075°08′08″ W Longitude. All the safety zone for the Santa Spectacular
more in any one year. Though this rule
coordinates are based on Datum NAD Fireworks to provide for the safety of
will not result in such an expenditure,
1983. persons, vessels, and the marine
we do discuss the effects of this rule (b) Definitions. As used in this
elsewhere in this preamble. environment on the navigable waters of
section, designated representative the Ohio River, Monongahela River and
F. Environment means a Coast Guard Patrol Allegheny River during this event. Our
Commander, including a Coast Guard regulation for marine events within the
We have analyzed this rule under petty officer, warrant or commissioned
Department of Homeland Security Eighth Coast Guard District identifies
officer on board a Coast Guard vessel or the regulated area for this event in
Directive 023–01 and Commandant on board a federal, state, or local law
Instruction M16475.1D, which guide the Pittsburgh, PA. During the enforcement
enforcement vessel assisting the Captain period, entry into this zone is prohibited
Coast Guard in complying with the of the Port, Delaware Bay in the
National Environmental Policy Act of unless authorized by the Captain of the
enforcement of the safety zone. Port Marine Safety Unit Pittsburgh or a
1969 (42 U.S.C. 4321–4370f), and have (c) Regulations. (1) Under the general
made a preliminary determination that designated representative.
safety zone regulations in subpart C of DATES: The regulations in 33 CFR
this action is one of a category of actions this part—you may not enter the safety
that do not individually or cumulatively 165.801, Table 1, Line 64 will be
zone described in paragraph (a) of this enforced from 8 p.m. through 9:30 p.m.
have a significant effect on the human section unless authorized by the COTP
environment. This rule involves a safety on November 16, 2018.
or the COTP’s designated representative;
zone lasting 1 hour that will prohibit FOR FURTHER INFORMATION CONTACT: If
and all persons and vessels in the safety
entry within 600 feet of a fireworks you have questions about this notice of
zone must comply with all lawful orders
barge. Normally such actions are enforcement, call or email Petty Officer
or directions given to them by the COTP
categorically excluded from further Jennifer Haggins, Marine Safety Unit
or the COTP’s designated representative.
review under paragraph L60(a) of (2) To request permission to enter the Pittsburgh, U.S. Coast Guard; telephone
Appendix A, Table 1 of DHS Instruction safety zone, contact the COTP or the 412–221–0807, email
Manual 023–01–001–01, Rev. 01. A COTP’s representative on marine band Jennifer.L.Haggins@uscg.mil.
preliminary Record of Environmental radio VHF–FM channel 16 (156.8 MHz) SUPPLEMENTARY INFORMATION: The Coast
Consideration supporting this or 215–271–4807. Guard will enforce a temporary safety
determination is available in the docket (3) No vessel may take on bunkers or zone for the Santa Spectacular
where indicated under ADDRESSES. conduct lightering operations within the Fireworks Race in 33 CFR 165.801,
safety zone during the enforcement Table 1, titled ‘‘Sector Ohio Valley
G. Protest Activities
period. Annual and Recurring Safety Zones,’’
The Coast Guard respects the First (4) This section applies to all vessels line 64, from 8 p.m. through 9:30 p.m.
Amendment rights of protesters. except those engaged in law on November 16, 2018. This action is
khammond on DSK30JT082PROD with RULES
Protesters are asked to contact the enforcement, aids to navigation being taken to provide for the safety of
person listed in the FOR FURTHER servicing, and emergency response persons, vessels, and the marine
INFORMATION CONTACT section to operations. environment on the navigable waters of
coordinate protest activities so that your (d) Enforcement. The U.S. Coast the Ohio River, Monongahela River and
message can be received without Guard may be assisted in the patrol and Allegheny River during this event. Our
jeopardizing the safety or security of enforcement of the safety zone by regulation for marine events within the
people, places, or vessels. federal, state, and local agencies. Eighth Coast Guard District, § 165.801
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![57322 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
specifies the location of the regulated will be used from November 8, 2018 Under 5 U.S.C. 553(d)(3), the Coast
area for the Santa Spectacular through November 15, 2018. Guard finds that good cause exists for
Fireworks. Entry into the regulated area ADDRESSES: To view documents making this rule effective less than 30
is prohibited unless authorized by the mentioned in this preamble as being days after publication in the Federal
Captain of the Port Marine Safety Unit available in the docket, go to https:// Register. Delaying the effective date of
Pittsburgh (COTP) or a designated www.regulations.gov, type USCG–2018– this rule would be impracticable
representative. Persons or vessels 0849 in the ‘‘SEARCH’’ box and click because immediate action is needed to
desiring to enter into or pass through ‘‘SEARCH.’’ Click on Open Docket respond to the potential safety hazards
the regulated area must request Folder on the line associated with this associated with bedrock removal
permission from the COTP or a rule. operations near The Gut Bridge which
designated representative. They can be FOR FURTHER INFORMATION CONTACT: If are scheduled to commence on
reached on VHF FM channel 16. If you have questions on this rule, call or November 8, 2018.
permission is granted, all persons and email LT Matthew Odom, Waterways III. Legal Authority and Need for Rule
vessels shall comply with the Management Division, U.S. Coast Guard
instructions of the COTP or designated The Coast Guard is issuing this rule
Sector Northern New England, under authority in 33 U.S.C. 1231. The
representative. telephone 207–347–5015, email
In addition to this notice of COTP Northern New England has
Matthew.T.Odom@uscg.mil. determined that potential hazards
enforcement in the Federal Register, the SUPPLEMENTARY INFORMATION:
COTP or a designated representative associated with the bedrock removal
will inform the public through I. Table of Abbreviations operations will be a safety concern for
Broadcast Notices to Mariners (BNMs), anyone transiting within a 50-yard
CFR Code of Federal Regulations
Local Notices to Mariners (LNMs), radius of the center point of the bridge.
COTP Captain of the Port
Marine Safety Information Bulletins DHS Department of Homeland Security The purpose of this rule is to ensure the
(MSIBs), and/or through other means of FR Federal Register safety of vessels and personnel within a
public notice as appropriate at least 24 MEDOT Maine Department of 50-yard radius of the center point of The
hours in advance of enforcement. Transportation Gut Bridge before, during, and after the
NPRM Notice of proposed rulemaking bedrock removal operations.
A.W. Demo, § Section
Commander, U.S. Coast Guard, Captain of U.S.C. United States Code IV. Discussion of Comments, Changes,
the Port Marine Safety Unit Pittsburgh. and the Rule
II. Background, Purpose, and Legal
[FR Doc. 2018–24900 Filed 11–14–18; 8:45 am] As noted above, we received no
Basis
BILLING CODE 9110–04–P comments on our NPRM published
On August 21, 2018, the Maine September 27, 2018. There are no
Department of Transportation (MEDOT) changes in the regulatory text of this
DEPARTMENT OF HOMELAND notified the Coast Guard that it will be rule from the proposed rule in the
SECURITY removing bedrock in the areas between NPRM.
Rutherford Island and Bristol Neck This rule establishes a safety zone
Coast Guard underneath The Gut Bridge. The from 12:01 a.m. on November 8, 2018 to
removal operations include removing 11:59 on March 31, 2019. While the
33 CFR Part 165 bedrock from between the bridge safety zone would be effective
[Docket Number USCG–2018–0849] abutments and areas near the navigation throughout this period, it would only be
channel both upstream and downstream enforced during periods of active
RIN 1625–AA00 of The Gut Bridge. To remove the bedrock removal operations. The safety
bedrock workers will need to utilize the zone would include all navigable waters
Safety Zone; The Gut, South Bristol,
waterway underneath the bridge span from surface to bottom within a 50 yard
ME
and prohibit people and vessels from radius from the center point of The Gut
AGENCY: Coast Guard, DHS. entering the safety zone at various Bridge between Rutherford Island and
ACTION: Temporary final rule. times. Removal operations are expected Bristol Neck in South Bristol, ME.
to take place between 8 November 2018 During times of enforcement, no vessel
SUMMARY: The Coast Guard is and 31 March 2019. However, we only or person would be permitted to enter
establishing a temporary safety zone for anticipate a continuous 35 day full the safety zone without obtaining
the navigable waters within a 50 yard closure of the waterway. The COTP permission from the COTP Northern
radius from the center point of The Gut Northern New England has determined New England or a designated
Bridge in South Bristol, ME between that the potential hazards associated representative. The Coast Guard will
Rutherford Island and Bristol Neck. The with the removal operations will be a notify the public and local mariners of
safety zone is necessary to protect safety concern for anyone transiting this safety zone through appropriate
personnel, vessels, and the marine within a 50-yard radius of the center means, which may include, but are not
environment from potential hazards point of The Gut Bridge. limited to, publication in the Federal
created during bedrock removal In response, on September 27, 2018, Register, the Local Notice to Mariners,
operations. When enforced, this the Coast Guard published a notice of and Broadcast Notice to Mariners via
regulation prohibits entry of vessels or proposed rulemaking (NPRM) titled marine Channel 16 (VHF–FM) in
persons into the safety zone unless ‘‘Safety Zone; The Gut, South Bristol, advance of any enforcement.
khammond on DSK30JT082PROD with RULES
authorized by the Captain of the Port ME’’ (83 FR 48748). There we stated
Northern New England or a designated why we issued the NPRM, and invited IV. Regulatory Analyses
representative. comments on our proposed regulatory We developed this rule after
DATES: This rule is effective without action related to this safety zone. During considering numerous statutes and
actual notice from November 15, 2018 the comment period that ended on Executive orders related to rulemaking.
through March 31, 2019. For the October 29, 2018, we received no Below we summarize our analyses
purposes of enforcement, actual notice comments. based on a number of these statutes and
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Document Created: 2018-11-15 04:01:21
Document Modified: 2018-11-15 04:01:21
| 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 | Notice of enforcement of regulation. | |
| Dates | The regulations in 33 CFR 165.801, Table 1, Line 64 will be enforced from 8 p.m. through 9:30 p.m. on November 16, 2018. | |
| Contact | If you have questions about this notice of enforcement, call or email Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221- 0807, email [email protected] | |
| FR Citation | 83 FR 57321 |
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