Safety Zone; Allegheny River; Pittsburgh, PA, 47993-47996 [2011-19997]
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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations
reconciliation in Somalia, after advance
notification of the proposed export by
the United States Government to the
UNSC Somalia Sanctions Committee
and the absence of a negative decision
by that committee.
Exemptions from the licensing
requirement may not be used with
respect to any export to Somalia unless
specifically authorized in writing by the
Directorate of Defense Trade Controls.
(n) Sri Lanka. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Sri Lanka,
except that a license or other approval
may be issued, on a case-by-case basis,
for humanitarian demining.
(o) Liberia. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Liberia,
except that a license or other approval
may be issued, on a case-by-case basis,
for:
(1) Defense articles and defense
services for the Government of Liberia
as notified in advance to the Committee
of the Security Council concerning
Liberia;
(2) Defense articles and defense
services intended solely for support of
or use by the United Nations Mission in
Liberia (UNMIL);
(3) Personal protective gear
temporarily exported to Liberia by
United Nations personnel,
representatives of the media and
humanitarian and development workers
and associated personnel, for their
personal use only; and
(4) Non-lethal military equipment
intended solely for humanitarian or
protective use, and related technical
assistance and training, as notified in
advance to the Committee of the
Security Council concerning Liberia.
(p) Fiji. It is the policy of the United
States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Fiji, except
that a license or other approval may be
issued, on a case-by-case basis, for
defense articles and defense services
intended solely in support of
peacekeeping activities.
ˆ
(q) Cote d’Ivoire. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
ˆ
destined for or originating in Cote
d’Ivoire, except that a license or other
approval may be issued, on a case-bycase basis, for:
(1) Defense articles and defense
services intended solely for support of
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or use by the United Nations Operations
ˆ
in Cote d’Ivoire (UNOCI) and the French
forces that support them;
(2) Non-lethal military equipment
intended solely for humanitarian or
protective use, and related technical
assistance and training, as approved in
advance to the Committee of the
ˆ
Security Council concerning Cote
d’Ivoire;
(3) Personal protective gear
ˆ
temporarily exported to Cote d’Ivoire by
United Nations personnel,
representatives of the media and
humanitarian and development workers
and associated personnel, for their
personal use only;
(4) Supplies temporarily exported to
ˆ
Cote d’Ivoire to the forces of a State
which is taking action, in accordance
with international law, solely and
directly to facilitate the evacuation of its
nationals and those for whom it has
ˆ
consular responsibility in Cote d’Ivoire,
as notified in advance to the Committee
ˆ
of the Security Council concerning Cote
d’Ivoire; and
(5) Non-lethal equipment intended
solely to enable the Ivorian security
forces to use only appropriate and
proportionate force while maintaining
public order, as approved in advance by
the Sanctions Committee.
(r) Cyprus. It is the policy of the
United States to deny licenses or other
approvals, for exports or imports of
defense articles and defense services
destined for or originating in Cyprus,
except that a license or other approval
may be issued, on a case-by-case basis,
for the United Nations Forces in Cyprus
(UNFICYP) or for civilian end-users.
(s) Zimbabwe. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Zimbabwe,
except that a license or other approval
may be issued, on a case-by-case basis,
for the temporary export of firearms and
ammunition for personal use by
individuals (not for resale or retransfer,
including to the Government of
Zimbabwe). Such exports may meet the
licensing exemptions of § 123.17 of this
subchapter.
(t) Lebanon. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Lebanon,
except that a license or other approval
may be issued, on a case-by-case basis,
for the United Nations Interim Force in
Lebanon (UNIFIL) and as authorized by
the Government of Lebanon.
(u) Yemen. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
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47993
defense articles and defense services
destined for or originating in Yemen,
except that a license or other approval
may be issued, on a case-by-case basis,
for:
(1) Non-lethal defense articles and
defense services; and
(2) Non-lethal, safety-of-use defense
articles (e.g., cartridge actuated devices,
propellant actuated devices and
technical manuals for military aircraft
for purposes of enhancing the safety of
the aircraft crew) for lethal end-items.
3. Section 126.14 is amended by
revising the section heading to read as
follows:
■
§ 126.14 Special comprehensive export
authorizations for NATO, Australia, Japan,
and Sweden.
*
*
*
*
*
Dated: August 1, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2011–20028 Filed 8–5–11; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0695]
RIN 1625–AA00
Safety Zone; Allegheny River;
Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Allegheny River from mile marker
5.7 to mile marker 5.9 (the parking area
on either side of the 13th Street boat
ramp), extending 300 feet from the right
descending bank. The safety zone is
needed to protect the public from the
hazards associated with the Guyasuta
Days Festival fireworks display. Entry
into, movement within, and departure
from this temporary safety zone, while
it is activated and enforced, is
prohibited, unless authorized by the
Captain of the Port or a designated
representative.
SUMMARY:
This rule is effective from
9:30 p.m. August 6, 2011 through
11 p.m. August 7, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0695 and are available online by going
DATES:
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47994
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations
to https://www.regulations.gov, inserting
USCG–2011–0695 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Lieutenant Junior
Grade Robyn Hoskins, Marine Safety
Unit Pittsburgh, Coast Guard; telephone
412–644–5808, e-mail
Robyn.G.Hoskins@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with RULES
Regulatory Information
The Coast Guard is issuing this
temporary final 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. This temporary
safety zone will be included in a
separate ongoing and upcoming
rulemaking project providing notice and
comment to update the list of annually
recurring events and safety zones in the
CFR. Publishing an individual NPRM
would be impracticable because
immediate action is needed to protect
the public from the possible hazards
associated with the Guyasuta Days
Festival fireworks display that will
occur in the city of Pittsburgh, PA on
August 6, 2011 (rain date August 7,
2011).
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than
30 days after publication in the Federal
Register. This temporary safety zone
will be included in a separate ongoing
and upcoming rulemaking project
providing notice and comment to
update the list of annually recurring
events and safety zones in the CFR.
Publishing an individual NPRM and
providing a full 30 day notice and
delaying the effective date would be
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impracticable based on the short notice
received for the event and the short
period that the safety zone will be in
place. Immediate action is needed to
provide safety and protection during the
Guyasuta Days Festival fireworks
display that will occur in the city of
Pittsburgh, PA on August 6, 2011 (rain
date August 7, 2011).
Basis and Purpose
The Coast Guard is establishing a
temporary safety zone on the Allegheny
River from mile marker 5.7 to mile
marker 5.9 (the parking area on either
side of the 13th Street boat ramp),
extending 300 feet from the right
descending bank. The temporary safety
zone is needed to protect the public
from the hazards associated with the
Guyasuta Days Festival fireworks
display.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone on the Allegheny
River from mile marker 5.7 to mile
marker 5.9 (the parking area on either
side of the 13th Street boat ramp),
extending 300 feet from the right
descending bank. Vessels shall not enter
into, depart from, or move within this
safety zone without permission from the
Captain of the Port Pittsburgh or his
authorized representative. Persons or
vessels requiring entry into or passage
through a safety zone must request
permission from the Captain of the Port
Pittsburgh, or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465. This rule will be
enforced from 9:30 p.m. to 11 p.m. on
August 6, 2011, with a rain date of
August 7, 2011 from 9:30 p.m. to
11 p.m. The Captain of the Port
Pittsburgh 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.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
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Budget has not reviewed it under that
Order.
Although this regulation will restrict
access to the area, the effect of the rule
will not be significant because this rule
will be in effect for a short period of
time and notifications to the marine
community will be made through
broadcast notices to mariners. The
impacts on routine navigation are
expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit that portion
of the Allegheny River from mile marker
5.7 to mile marker 5.9, 300 feet from the
right descending bank from 9:30 p.m. to
11 p.m. on August 6, 2011, with a rain
date of August 7, 2011 from 9:30 p.m.
to 11 p.m.
This temporary safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This rule will
be enforced for a short period of time,
on a weekend day, and during a time
when vessel traffic is low.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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).
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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
emcdonald on DSK2BSOYB1PROD with RULES
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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
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47995
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.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Harbors, 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:
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones.
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List of Subjects in 33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0695 to read as
follows:
■
§ 165.T08–0695 Safety Zone; Allegheny
River, Pittsburgh, PA.
(a) Location. The following area is a
safety zone: All waters of the Allegheny
River from mile marker 5.7 to mile
marker 5.9, extending 300 feet out from
the right descending bank. These
markings are based on the USACE’s
Allegheny River Navigation Charts
(Chart 1, January 2004).
(b) Effective date. This rule is effective
from 9:30 p.m. August 6, 2011 through
11 p.m. August 7, 2011.
(c) Periods of enforcement. This rule
will be enforced from 9:30 p.m. through
11 p.m. on August 6, 2011, with a rain
date of August 7, 2011 from 9:30 p.m.
to 11 p.m. 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.
(d) Regulations. (1) In accordance
with the general regulations in 33 CFR
part 165, subpart C, entry into this zone
is prohibited unless authorized by the
Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry
into or passage through a safety zone
must request permission from the
Captain of the Port Pittsburgh or a
designated representative. They may be
contacted on VHF–FM Channel 13 or
16, or through Coast Guard Sector Ohio
Valley at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh and
designated on-scene U.S. Coast Guard
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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations
2. In the SUPPLEMENTARY INFORMATION
section, under the heading of
‘‘Discussion of Rule,’’ in the first
column on page 40618, correct the first
sentence to read as follows:
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
Dated: July 18, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
The temporary security zones established
by this rule will prohibit any person or vessel
from entering or remaining within 500 yards
of the HMCS WHITEHORSE (NCSM 705),
HMCS NANAIMO (NCSM 702), CCGS
SIYAY, and the USCGC ALERT (WMEC 630)
while these vessels are participating in the
Parade of Ships and while moored at Pier 66,
Terminal 25, and Terminal 46.
[FR Doc. 2011–19997 Filed 8–5–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0505]
Security Zone; 2011 Seattle Seafair
Fleet Week Moving Vessels, Puget
Sound, WA; Correction
Coast Guard, DHS.
Temporary final rule;
correction.
AGENCY:
ACTION:
On July 11, 2011 the Coast
Guard published a temporary final rule
in the Federal Register (76 FR 40617),
establishing temporary security zones
around visiting foreign and domestic
military vessels that are participating
the 2011 Seattle’s Seafair Fleet Week.
This document corrects the list of
visiting military vessels for which the
rule will establish security zones.
DATES: This correction is effective from
8 a.m. on August 3, 2011 through 5 p.m.
on August 8, 2011.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this correction
document, call or e-mail ENS Anthony
P. LaBoy, Coast Guard Sector Puget
Sound, Waterways Management
Division; telephone 206–217–6323, email SectorPugetSoundWWM@uscg.mil.
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
Correction
In the temporary final rule FR Doc.
2011–17261, beginning on page 40617
in the Federal Register issue of July 11,
2011, make the following corrections:
1. In the SUMMARY section, on page
40617, starting at the bottom of the 2nd
column, correct the first sentence of the
SUMMARY to read as follows:
The U.S. Coast Guard is establishing
temporary security zones around the
HMCS WHITEHORSE (NCSM 705),
HMCS NANAIMO (NCSM 702), CCGS
SIYAY, and the USCGC ALERT (WMEC
630) which include all waters within
500 yards from the vessels while each
vessel is participating in the Seafair
Fleet Week Parade of Ships and while
moored following the parade until
departing on August 8, 2011.
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3. In the regulatory text, starting in the
second column on page 40619, correct
§ 165.T13–186 (a) to read as follows:
Location: The following areas are
security zones: All waters within the
Captain of the Port Puget Sound Zone
encompassed within 500 yards of the
HMCS WHITEHORSE (NCSM 705),
HMCS NANAIMO (NCSM 702), CCGS
SIYAY, and the USCGC ALERT (WMEC
630) while each vessel is participating
in the Seafair Fleet Week Parade of
Ships and while moored at Pier 66,
Terminal 25, and Terminal 46, Elliott
Bay, Seattle, WA.
Dated: July 27, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2011–19995 Filed 8–5–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2009–0922; FRL–8878–2]
RIN 2070–AB27
Cobalt Lithium Manganese Nickel
Oxide; Significant New Use Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing a significant
new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control
Act (TSCA) for the chemical substance
identified as cobalt lithium manganese
nickel oxide (CAS No. 182442–95–1),
which was the subject of
premanufacture notice (PMN) P–04–
269. This action requires persons who
intend to manufacture, import, or
process the chemical substance for a use
that is designated as a significant new
use by this final rule to notify EPA at
least 90 days before commencing that
activity. EPA believes that this action is
necessary because the chemical
substance may be hazardous to human
SUMMARY:
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health and the environment. The
required notification would provide
EPA with the opportunity to evaluate
the intended use and, if necessary, to
prohibit or limit that activity before it
occurs.
DATES: This final rule is effective
September 7, 2011.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2009–0922. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Kenneth
Moss, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; e-mail address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA–Hotline, ABVI–Goodwill, 422
South Clinton Ave., Rochester, NY
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SUPPLEMENTARY INFORMATION:
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You may be potentially affected by
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E:\FR\FM\08AUR1.SGM
08AUR1
]]>Agencies
[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Rules and Regulations]
[Pages 47993-47996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19997]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0695]
RIN 1625-AA00
Safety Zone; Allegheny River; Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking
area on either side of the 13th Street boat ramp), extending 300 feet
from the right descending bank. The safety zone is needed to protect
the public from the hazards associated with the Guyasuta Days Festival
fireworks display. Entry into, movement within, and departure from this
temporary safety zone, while it is activated and enforced, is
prohibited, unless authorized by the Captain of the Port or a
designated representative.
DATES: This rule is effective from 9:30 p.m. August 6, 2011 through 11
p.m. August 7, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0695 and are available online
by going
[[Page 47994]]
to https://www.regulations.gov, inserting USCG-2011-0695 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade Robyn Hoskins,
Marine Safety Unit Pittsburgh, Coast Guard; telephone 412-644-5808, e-
mail Robyn.G.Hoskins@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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. This temporary safety zone will be included
in a separate ongoing and upcoming rulemaking project providing notice
and comment to update the list of annually recurring events and safety
zones in the CFR. Publishing an individual NPRM would be impracticable
because immediate action is needed to protect the public from the
possible hazards associated with the Guyasuta Days Festival fireworks
display that will occur in the city of Pittsburgh, PA on August 6, 2011
(rain date August 7, 2011).
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This temporary safety zone will be
included in a separate ongoing and upcoming rulemaking project
providing notice and comment to update the list of annually recurring
events and safety zones in the CFR. Publishing an individual NPRM and
providing a full 30 day notice and delaying the effective date would be
impracticable based on the short notice received for the event and the
short period that the safety zone will be in place. Immediate action is
needed to provide safety and protection during the Guyasuta Days
Festival fireworks display that will occur in the city of Pittsburgh,
PA on August 6, 2011 (rain date August 7, 2011).
Basis and Purpose
The Coast Guard is establishing a temporary safety zone on the
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking
area on either side of the 13th Street boat ramp), extending 300 feet
from the right descending bank. The temporary safety zone is needed to
protect the public from the hazards associated with the Guyasuta Days
Festival fireworks display.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on the
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking
area on either side of the 13th Street boat ramp), extending 300 feet
from the right descending bank. Vessels shall not enter into, depart
from, or move within this safety zone without permission from the
Captain of the Port Pittsburgh or his authorized representative.
Persons or vessels requiring entry into or passage through a safety
zone must request permission from the Captain of the Port Pittsburgh,
or a designated representative. They may be contacted on VHF-FM Channel
13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-253-7465.
This rule will be enforced from 9:30 p.m. to 11 p.m. on August 6, 2011,
with a rain date of August 7, 2011 from 9:30 p.m. to 11 p.m. The
Captain of the Port Pittsburgh 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.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this regulation will restrict access to the area, the
effect of the rule will not be significant because this rule will be in
effect for a short period of time and notifications to the marine
community will be made through broadcast notices to mariners. The
impacts on routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
that portion of the Allegheny River from mile marker 5.7 to mile marker
5.9, 300 feet from the right descending bank from 9:30 p.m. to 11 p.m.
on August 6, 2011, with a rain date of August 7, 2011 from 9:30 p.m. to
11 p.m.
This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will be enforced for a short period of time, on a
weekend day, and during a time when vessel traffic is low.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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).
[[Page 47995]]
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0695 to read as follows:
Sec. 165.T08-0695 Safety Zone; Allegheny River, Pittsburgh, PA.
(a) Location. The following area is a safety zone: All waters of
the Allegheny River from mile marker 5.7 to mile marker 5.9, extending
300 feet out from the right descending bank. These markings are based
on the USACE's Allegheny River Navigation Charts (Chart 1, January
2004).
(b) Effective date. This rule is effective from 9:30 p.m. August 6,
2011 through 11 p.m. August 7, 2011.
(c) Periods of enforcement. This rule will be enforced from 9:30
p.m. through 11 p.m. on August 6, 2011, with a rain date of August 7,
2011 from 9:30 p.m. to 11 p.m. 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.
(d) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart C, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry into or passage through a
safety zone must request permission from the Captain of the Port
Pittsburgh or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at
1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard
[[Page 47996]]
patrol personnel. On-scene U.S. Coast Guard patrol personnel includes
Commissioned, Warrant, and Petty Officers of the U.S. Coast Guard.
Dated: July 18, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2011-19997 Filed 8-5-11; 8:45 am]
BILLING CODE 9110-04-P
