Safety Zone; Monongahela River, Charleroi, PA, 5137-5140 [2013-01412]
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations
CBP port of entry, the driver or other
person in charge of a commercial truck
must tender the fee to CBP unless it has
been prepaid as provided for in
paragraph (c)(2) of this section.
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(3) Prepayment. The owner, agent, or
person in charge of a commercial
vehicle may at any time prepay the
commercial truck fee as defined in
paragraph (c)(1) for all arrivals of that
vehicle during a calendar year or any
remaining portion of a calendar year.
Prepayment must be made in
accordance with the procedures and
payment methods set forth in this
paragraph and paragraph (i) of this
section. The transponder request and
prepayment by credit card or ACH debit
may be made via the Internet through
the ‘‘Travel’’ link on the CBP Web site
located at https://www.cbp.gov.
Alternatively, prepayment may be sent
by mail with credit card information,
check, or money order made payable to
U.S. Customs and Border Protection,
along with a completed CBP Form 339C
(Annual User Fee Decal Request—
Commercial Vehicle) for each
commercial truck to the following
address: U.S. Customs and Border
Protection, Attn: DTOPS Program
Administrator, 6650 Telecom Drive,
Suite 100, Indianapolis, IN 46278. Once
the prepayment has been made under
this paragraph, a transponder will be
issued to be permanently affixed by
adhesive to the lower left hand corner
of the vehicle windshield in accordance
with the accompanying instructions, to
show that the vehicle is exempt from
payment of the fees for individual
arrivals during the applicable calendar
year or any remaining portion of that
year. If any of the information provided
on the CBP Form 339C or the online
application changes during the calendar
year, the owner, agent, or person in
charge of the commercial truck must
inform the CBP Decal and Transponder
Online Procurement System (DTOPS)
Program Administrator of the changed
information in writing, or update the
information on the CBP Web site
referenced above, no later than 15 days
from the date of the change. Failure to
timely notify CBP of changed
information may result in the
commercial truck being stopped for
secondary inspection, assessment of
liquidated damages, or other sanctions.
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(e) * * *
(2) * * * The decal request and
prepayment by credit card or ACH debit
may be made via the Internet through
the ‘‘Travel’’ link at the CBP Web site
located at https://www.cbp.gov.
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Alternatively, prepayment may be sent
by mail with credit card information,
check, or money order made payable to
U.S. Customs and Border Protection,
along with a properly completed CBP
Form 339V (Annual User Fee Decal
Request—Vessels) or CBP Form 339A
(Annual User Fee Decal Request—
Aircraft), to the following address: U.S.
Customs and Border Protection, Attn:
DTOPS Program Administrator, 6650
Telecom Drive, Suite 100, Indianapolis,
IN 46278.
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(g) * * *
(5) Quarterly payment and statement
procedures. Payment to CBP of the fees
required to be collected under
paragraph (g)(1) of this section must be
made no later than 31 days after the
close of the calendar quarter in which
the fees were required to be collected
from the passenger. Payment of the fees
must be made to the party required to
collect the fee under paragraph (g)(4)(i)
of this section, and must be made in
accordance with the procedures and
payment methods set forth in this
paragraph and paragraph (i) of this
section. Overpayments and
underpayments may be accounted for by
an explanation with, and adjustment of,
the next due quarterly payment to CBP.
The quarterly payment must be
accompanied by a statement that
includes the following information:
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(i) Information submission and fee
remittance procedures. In addition to
any information specified elsewhere in
this section, each payment made by
mail must be accompanied by
information identifying the person or
organization remitting the fee, the type
of fee being remitted (for example,
railroad car, commercial truck, private
vessel), and the time period to which
the payment applies and must be mailed
to the following address: U.S. Customs
and Border Protection, Revenue
Division, Attn: User Fee Team, 6650
Telecom Drive, Suite 100, Indianapolis,
IN 46278. All fee payments required
under this section in U.S. dollars, and
must be paid in accordance with the
provisions of § 24.1. The fees may be
made using any payment method
authorized by § 24.1 and for which the
CBP location receiving the payment is
equipped to process, and are subject to
any restrictions as described elsewhere
in this section. To pay railroad user fees
on Pay.gov, an email must be sent to the
Office of Administration, Revenue
Division to establish a Pay.gov account.
The email address for this purpose is
CUFIUFHelp@cbp.dhs.gov. Once the
Pay.gov account is established,
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payments may be made directly on
Pay.gov without a further need to
contact CBP. Where payment is made at
a CBP port, credit cards will be accepted
only where the port is equipped to
accept credit cards for the type of
payment being made. Check or money
orders must be made payable to U.S.
Customs and Border Protection and
must be annotated with the appropriate
class code. The applicable class codes
and payment locations for each fee are
as follows:
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Dated: January 16, 2013.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2013–01166 Filed 1–23–13; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–1071]
RIN 1625–AA00
Safety Zone; Monongahela River,
Charleroi, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters between mile 40.5 and mile
42.5 on the Monongahela River. The
safety zone is needed to protect
construction workers and vessels
transiting the area from the hazards
associated with demolition operation
being conducted on a guard wall
upstream of Lock and Dam 4 near
Charleroi, PA. Entry into, movement
within, and departure from this Coast
Guard Safety Zone, while it is activated
and enforced, is prohibited, unless
authorized by the Captain of the Port
Pittsburgh or a designated
representative.
SUMMARY:
This rule is effective in the CFR
on January 24, 2013 through 5:00 p.m.
on March 1, 2013. This rule is effective
with actual notice for purposes of
enforcement at 7:00 a.m. on January 9,
2013. This rule will remain in effect
through 5:00 p.m. on March 1, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–1071. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
DATES:
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number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 rule, call or
email MSTC Chris Blank, Marine Safety
Unit Pittsburgh, U.S. Coast Guard;
telephone (412) 644–5808 ext. 2108,
email Christopher.L.Blank@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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. The Coast
Guard received notice for this event on
January 3, 2013 which does not allow
for the NPRM process. After full review
of the event information and location,
the Coast Guard determined that a safety
zone is necessary. Publishing a NPRM
would be impracticable and would
unnecessarily delay the immediate
action that is needed to protect the
public from the possible hazards
associated with demolition operation
being conducted on a guard wall
upstream of Lock and Dam 4 that will
occur in Charleroi, PA. Delaying the
demolition operation to provide a notice
and comment period before effecting
this safety zone is also impracticable, as
it would impede the flow of commercial
river traffic and interfere with
contractual obligations based on the
demolition operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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making this rule effective less than 30
days after publication in the Federal
Register. Providing 30 days notice
would unnecessarily delay the effective
date, be impracticable, and contrary to
public interest because immediate
action is needed to protect the public
from the possible hazards associated
with demolition operation being
conducted on a guard wall upstream of
Lock and Dam in Charleroi, PA.
B. Basis and Purpose
The Joseph B. Fay Company has been
contracted by the Army Corps of
Engineers to conduct demolition
operations that include four to seven
explosive blasts between January 9,
2013 and March 1, 2013 to remove an
1100 foot section of guard wall
upstream of Lock and Dam 4 in
Charleroi, PA. This event poses
hazardous conditions on the river and
additional safety measures to ensure
vessel and mariner safety are required in
the form of a safety zone.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone for all waters
between mile 40.5 and 42.5 on the
Monongahela River. Vessels shall not
enter into, depart from, or move within
this safety zone without permission
from the Captain of the Port Pittsburgh
or her designated 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 (800) 253–7465. This rule will
become effective at 7:00 a.m. on January
9, 2013 and remain in effect until 5 p.m.
on March 1, 2013, but will only be
enforced during intermittent periods
that will be announced by broadcast
notices to mariners with as much
advanced notice as possible. Due to the
unpredictability of the Monongahela
River, weather and river forecasts will
be used to determine the most suitable
conditions for demolition operations.
Advanced notice will be given to the
maximum extent possible, but despite
best efforts, the safety zone may be
established with minimal notice when
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ideal work conditions are identified.
The Captain of the Port Pittsburgh will
inform the public and maritime industry
through broadcast notice to mariners of
the enforcement periods and changes to
the safety zone and its enforcement.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this rule will be
effective from January 9, 2013 until
March 1, 2013, unless demolition
operation are completed sooner, it will
only be enforced for a limited time
periods during days scheduled for
demolition operations. By enforcing this
safety zone for limited periods of time
throughout the effective period, marine
traffic will not be significantly
impacted. Entry into or passage through
the safety zone will be considered on a
case-by-case basis by the Captain of the
Port Pittsburgh or designated
representative. Notification of, and
changes to, the enforcement period will
be made via broadcast notice to
mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
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 waterways between mile 40.5 and
mile 42.5 on the Monongahela River
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during the enforcement period. This
safety zone will not have a significant
economic impact on a substantial
number of small entities because the
enforcement periods will be for a
limited duration, less than two hours,
intermittently throughout the effective
period.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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6. 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
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. Indian Tribal Governments
5. Federalism
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jeopardizing the safety or security of
people, places or vessels.
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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5139
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a safety zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 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.T08–1071 to read as
follows:
■
§ 165.T08–1071 Safety Zone; Monongahela
River, Charleroi, PA.
(a) Location. The following area is a
safety zone: All waters from mile 40.5
and 42.5 on the Monongahela River.
(b) Effective date. This rule is effective
from 7 a.m. on January 9, 2013 until 5
p.m. on March 1, 2013.
(c) Periods of enforcement. This rule
will be enforced intermittently during
the effective period when demolition
operations are being conducted on a
guard wall upstream of Lock and Dam
4. The timing of demolition operations
is dependent on contractor availability,
river forecast, and observed weather.
The Captain of the Port Pittsburgh will
inform the public of the enforcement
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periods and any changes through
broadcast notice to mariners.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, 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
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
Dated: January 8, 2013.
Lindsay N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port, Pittsburgh.
[FR Doc. 2013–01412 Filed 1–23–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R08–OAR–2011–1025, FRL–9762–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to New Source
Review Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve revisions adopted by the State
of Colorado on December 15, 2005, to
Regulation No. 3 (Air Pollutant
Emission Notice and Permitting
Requirements). Colorado submitted the
request for approval of these rule
revisions into the State Implementation
Plan (SIP) on August 21, 2006. The
revisions remove repealed provisions in
Regulation No. 3 that pertain to the
issuance of Colorado air quality permits;
the revisions also implement other
minor administrative changes and
renumbering. The intended effect of this
action is to take final action to approve
the rules that are consistent with the
Clean Air Act (CAA.) This action is
being taken under section 110 of the
CAA.
DATES: This final rule is effective
February 25, 2013.
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SUMMARY:
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14:44 Jan 23, 2013
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EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–1025. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests you contact
the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background Information
II. Response to Comments
III. What are the changes EPA is taking final
action to approve?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
I. Background Information
On December 31, 2002, EPA
published revisions to the federal
Prevention of Significant Deterioration
(PSD) and non-attainment NSR
regulations. These revisions are
commonly referred to as ‘‘NSR Reform’’
and became effective nationally in areas
not covered by a SIP on March 3, 2003.
The NSR Reform revisions included
provisions for baseline emissions
determinations, actual-to-future actual
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methodology, plantwide applicability
limits (PALs), clean units, and pollution
control projects (PCPs). On June 24,
2005, the United States Court of
Appeals for the District of Columbia
Circuit issued its decision and opinion
in the case of New York v. U. S.
Environmental Protection Agency, 413
F.3d 3 (D.C. Cir. 2005). The court
concluded that, regarding the clean unit
exemption from NSR, the plain language
of the Clean Air Act indicated that
Congress intended to apply NSR to
changes that increase actual emissions
instead of potential or allowable
emissions. As a result, the court vacated
the clean units portions of the Federal
Rule. The court also concluded that EPA
lacks the authority to create pollution
control project exemptions from NSR
and vacated the PCP portions of both
the 1992 WEPCO Rule and the 2002
NSR Reform rule. By vacating those
portions of the Federal NSR rule, the
court terminated those exemptions to
new source review. The court also
remanded back to EPA the ‘‘reasonable
possibility’’ standard for when a source
must keep certain project related
records.
The State of Colorado submitted a
formal SIP revision on July 11, 2005,
followed by a supplemental submittal
on October 25, 2005. These submittals
requested approval for regulations to
implement the NSR Reform provisions
that were not vacated or remanded by
the June 24, 2005 court decision;
including renumbering, reorganizing,
and revised definitions. On April 10,
2012 (77 FR 21453), EPA published a
notice of final rulemaking for the July
11, 2005, and October 25, 2005
submittals. In that action, EPA approved
renumbering, reorganizing and portions
of Colorado’s revisions to the Stationary
Source Permitting and Air Pollutant
Emission Notice Requirements
(Regulation No. 3) that incorporate
EPA’s December 31, 2002 NSR Reform;
however, EPA considered as withdrawn
the portions of the submittals that
implemented the clean unit and
pollution control project exemptions.
EPA also approved a version of the
recordkeeping requirements that
removed the ‘‘reasonable possibility’’
standard.
Colorado adopted revisions on
December 15, 2005, and submitted these
revisions, which we are addressing in
this action, on August 21, 2006. These
revisions reflect the removal of
references to clean units, pollution
control projects, and the ‘‘reasonable
possibility’’ standard from the State’s
rules. As a result of the deletion of these
references, many provisions were
renumbered and references to them
E:\FR\FM\24JAR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5137-5140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01412]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1071]
RIN 1625-AA00
Safety Zone; Monongahela River, Charleroi, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters between mile 40.5 and mile 42.5 on the Monongahela River.
The safety zone is needed to protect construction workers and vessels
transiting the area from the hazards associated with demolition
operation being conducted on a guard wall upstream of Lock and Dam 4
near Charleroi, PA. Entry into, movement within, and departure from
this Coast Guard Safety Zone, while it is activated and enforced, is
prohibited, unless authorized by the Captain of the Port Pittsburgh or
a designated representative.
DATES: This rule is effective in the CFR on January 24, 2013 through
5:00 p.m. on March 1, 2013. This rule is effective with actual notice
for purposes of enforcement at 7:00 a.m. on January 9, 2013. This rule
will remain in effect through 5:00 p.m. on March 1, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1071. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket
[[Page 5138]]
number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 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 rule,
call or email MSTC Chris Blank, Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone (412) 644-5808 ext. 2108, email
Christopher.L.Blank@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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. The Coast Guard received notice for this
event on January 3, 2013 which does not allow for the NPRM process.
After full review of the event information and location, the Coast
Guard determined that a safety zone is necessary. Publishing a NPRM
would be impracticable and would unnecessarily delay the immediate
action that is needed to protect the public from the possible hazards
associated with demolition operation being conducted on a guard wall
upstream of Lock and Dam 4 that will occur in Charleroi, PA. Delaying
the demolition operation to provide a notice and comment period before
effecting this safety zone is also impracticable, as it would impede
the flow of commercial river traffic and interfere with contractual
obligations based on the demolition operations.
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. Providing 30 days notice would
unnecessarily delay the effective date, be impracticable, and contrary
to public interest because immediate action is needed to protect the
public from the possible hazards associated with demolition operation
being conducted on a guard wall upstream of Lock and Dam in Charleroi,
PA.
B. Basis and Purpose
The Joseph B. Fay Company has been contracted by the Army Corps of
Engineers to conduct demolition operations that include four to seven
explosive blasts between January 9, 2013 and March 1, 2013 to remove an
1100 foot section of guard wall upstream of Lock and Dam 4 in
Charleroi, PA. This event poses hazardous conditions on the river and
additional safety measures to ensure vessel and mariner safety are
required in the form of a safety zone.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone for all
waters between mile 40.5 and 42.5 on the Monongahela River. Vessels
shall not enter into, depart from, or move within this safety zone
without permission from the Captain of the Port Pittsburgh or her
designated 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 (800) 253-7465. This rule will become effective at 7:00
a.m. on January 9, 2013 and remain in effect until 5 p.m. on March 1,
2013, but will only be enforced during intermittent periods that will
be announced by broadcast notices to mariners with as much advanced
notice as possible. Due to the unpredictability of the Monongahela
River, weather and river forecasts will be used to determine the most
suitable conditions for demolition operations. Advanced notice will be
given to the maximum extent possible, but despite best efforts, the
safety zone may be established with minimal notice when ideal work
conditions are identified. The Captain of the Port Pittsburgh will
inform the public and maritime industry through broadcast notice to
mariners of the enforcement periods and changes to the safety zone and
its enforcement.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this rule will
be effective from January 9, 2013 until March 1, 2013, unless
demolition operation are completed sooner, it will only be enforced for
a limited time periods during days scheduled for demolition operations.
By enforcing this safety zone for limited periods of time throughout
the effective period, marine traffic will not be significantly
impacted. Entry into or passage through the safety zone will be
considered on a case-by-case basis by the Captain of the Port
Pittsburgh or designated representative. Notification of, and changes
to, the enforcement period will be made via broadcast notice to
mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
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 waterways between mile 40.5 and mile 42.5 on the
Monongahela River
[[Page 5139]]
during the enforcement period. This safety zone will not have a
significant economic impact on a substantial number of small entities
because the enforcement periods will be for a limited duration, less
than two hours, intermittently throughout the effective period.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a safety zone. This rule
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T08-1071 to read as follows:
Sec. 165.T08-1071 Safety Zone; Monongahela River, Charleroi, PA.
(a) Location. The following area is a safety zone: All waters from
mile 40.5 and 42.5 on the Monongahela River.
(b) Effective date. This rule is effective from 7 a.m. on January
9, 2013 until 5 p.m. on March 1, 2013.
(c) Periods of enforcement. This rule will be enforced
intermittently during the effective period when demolition operations
are being conducted on a guard wall upstream of Lock and Dam 4. The
timing of demolition operations is dependent on contractor
availability, river forecast, and observed weather. The Captain of the
Port Pittsburgh will inform the public of the enforcement
[[Page 5140]]
periods and any changes through broadcast notice to mariners.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh.
(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 patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
Dated: January 8, 2013.
Lindsay N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 2013-01412 Filed 1-23-13; 8:45 am]
BILLING CODE 9110-04-P
