Safety Zone; Cincinnati Symphony Orchestra Fireworks Displays Ohio River, Mile 460.9-461.3; Cincinnati, OH, 31865-31868 [2014-12817]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
previously claimed the research credit
using a method other than the ASC on
an original or amended return for that
tax year. See paragraph (b)(4) of this
section for additional rules concerning
controlled groups. See also 1.41–6(b)(1)
requiring that all members of the
controlled group use the same method
of computation.
(b)(3) through (c) [Reserved]. For
further guidance, see § 1.41–9(b)(3)
through (c).
(d) Effective/applicability date.
Paragraph (b)(2) of this section applies
to elections with respect to taxable years
ending on or after June 3, 2014. In
addition, a taxpayer may rely on
paragraph (b)(2) of this section to make
an election under section 41(c)(5) for a
tax year ending prior to June 3, 2014 if
the taxpayer makes the election before
the period of limitations for assessment
of tax has expired for that year.
Otherwise, for elections with respect to
taxable years ending before June 3,
2014, see § 1.41–9(b)(2) as contained in
26 CFR part 1, revised April 1, 2014.
(e) Expiration date. This section
expires on June 2, 2017.
DATES:
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: May 2, 2014.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–12757 Filed 6–2–14; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0401]
Drawbridge Operation Regulation;
Tennessee River, Decatur, AL
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Southern
Railroad Drawbridge across the
Tennessee River, mile 304.4, at Decatur,
Alabama. The deviation is necessary to
allow the bridge owner time to replace
and adjust the down haul operating
ropes that are essential to the continued
safe operation of the drawbridge. This
deviation allows the bridge to remain in
the closed-to-navigation position and
not open to vessel traffic.
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:19 Jun 02, 2014
Jkt 232001
This deviation is effective from
8 a.m. to 10 p.m., June 17, 2014.
The docket for this
deviation, (USCG–2014–0401) is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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.
ADDRESSES:
If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
314–269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
The
Norfolk Southern Railroad requested a
temporary deviation for the Southern
Railroad Drawbridge, across the
Tennessee River, mile 304.4, at Decatur,
Alabama to remain in the closed-tonavigation position for 14 hours from 8
a.m. to 10 p.m. on June 17, 2014, in
order to replace and adjust the down
haul operation ropes.
The Southern Railroad Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridge shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart.
There are no alternate routes for
vessels transiting this section of the
Tennessee River.
The Southern Railroad Drawbridge, in
the closed-to-navigation position,
provides a vertical clearance of 10.52
feet above normal pool. Navigation on
the waterway consists primarily of
commercial tows and recreational
watercraft and will not be significantly
impacted. This temporary deviation has
been coordinated with waterway users.
No objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
31865
Dated: May 22, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014–12812 Filed 6–2–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0238]
RIN 1625–AA00
Safety Zone; Cincinnati Symphony
Orchestra Fireworks Displays Ohio
River, Mile 460.9–461.3; Cincinnati, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Ohio River, surface to
bottom, extending from Ohio River mile
460.9 to mile 461.3, extending 300 ft.
from the state of Ohio shoreline at
Cincinnati, Ohio. This temporary safety
zone is necessary to protect persons and
property from potential damage and
safety hazards during the Cincinnati
Symphony Orchestra fireworks
displays. During the period of
enforcement, no vessels may be located
within this Coast Guard safety zone.
Entry into this Coast Guard safety zone
is prohibited unless specifically
authorized by the Captain of the Port
Ohio Valley or other designated
representative.
SUMMARY:
This rule is effective from 9:45
p.m. on June 7, 2014 until 10:30 p.m. on
July 4, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0238. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
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 Petty Officer Denise Davidson,
Marine Safety Detachment Cincinnati,
U.S. Coast Guard; telephone 513–921–
DATES:
E:\FR\FM\03JNR1.SGM
03JNR1
31866
Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
9033 x2113, email Denise.M.Davidson@
uscg.mil or Petty Officer John Joeckel,
Marine Safety Detachment Cincinnati,
U.S. Coast Guard; telephone 513–921–
9033 x2109, email John.R.Joeckel@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
wreier-aviles on DSK5TPTVN1PROD with RULES
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of
Engineers
A. Regulatory History and 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. The Coast
Guard was made aware of the fireworks
displays on March 7, 2014. Upon full
review of the events and details of the
fireworks displays, the Coast Guard
determined that additional safety
measures are necessary. There are
potential hazards associated with
fireworks displays over or on the Ohio
River and a safety zone is required to
protect persons and property on or near
the waterway during the displays.
Completing the NPRM process and
providing notice and a comment period
is impracticable because it would
unnecessarily delay this rule and the
immediate safety measures it provides.
Additionally, the events, which are
followed by fireworks displays are
advertised to the local community by
and through the Cincinnati Symphony
Orchestra. Delaying the safety zone
effective date to complete the NPRM
process would interfere with the
advertised and planned for displays and
would unnecessarily interfere with
contractual obligations related to these
events.
For the same reasons, 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.
VerDate Mar<15>2010
15:19 Jun 02, 2014
Jkt 232001
Providing a full 30 days notice would be
impracticable and would unnecessarily
delay the effective date of this rule.
Delaying the effective date would also
be contrary to public interest since
immediate action is necessary to protect
persons and property from potential
hazards associated with fireworks
displays over or on the Ohio River.
B. Basis and Purpose
representative. Deviations will be
considered on a case-by-case basis.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
C. Discussion of the Final Rule
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. This temporary final rule
establishes a safety zone that will be
enforced for limited time periods
following certain Cincinnati Symphony
Orchestra concerts. During enforcement
periods, vessels are prohibited from
entering into or remaining within the
safety zone unless specifically
authorized by the COTP Ohio Valley or
other designated representative. Based
on the location, limited safety zone size,
and short duration of each enforcement
period, this rule does not pose a
significant regulatory impact.
Additionally, notice of this safety zone
or any changes in the planned schedule
will be made via Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Marine Safety Information
Bulletins as appropriate. Deviation from
this rule may be requested from the
COTP Ohio Valley and will be
considered on a case-by-case basis.
The COTP Ohio Valley will enforce a
temporary safety zone from 9:45 p.m. to
10:15 p.m. on June 7, 2014 and 10:00
p.m. to 10:30 p.m. on July 4, 2014 for
the Cincinnati Symphony Orchestra
fireworks display. The fireworks will be
launched from Riverbend Music Center
and the safety zone will include all
waters between Ohio River miles 460.9
and 461.3, extending 300 ft. from the
state of Ohio shoreline at Cincinnati,
Ohio. The Coast Guard will enforce the
temporary safety zone and may be
assisted by other federal, state and local
agencies and the Coast Guard Auxiliary.
During the periods of enforcement, no
vessels may transit into, through, or
remain within this Coast Guard safety
zone. Deviation from this safety zone
may be requested by contacting the
COTP Ohio Valley or other designated
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 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 would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor
between Ohio River miles 460.9 to
461.3, within 300 ft. of the Ohio
shoreline from 9:45 p.m. to 10:15 p.m.
on June 7, 2014 and from 10:00 p.m. to
10:30 p.m. on July 4, 2014.
This safety zone would not have a
significant economic impact on a
A fireworks display is planned to
conclude the Cincinnati Symphony
Orchestra concerts scheduled on June 7,
2014 and July 4, 2014. These displays
will feature fireworks being launched
from Riverbend Music Center, located
near the shoreline between miles 460.9
and 461.3 on the Ohio River at
Cincinnati, OH. The Coast Guard
determined that a safety zone is
necessary to keep persons and property
clear of any potential hazards associated
with the launching of fireworks on or
over the waterway.
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; Pub. L. 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.
The purpose of the rule is to establish
the necessary temporary safety zone to
provide protection for persons and
property, including spectators,
commercial and recreational vessels,
and others that may be in the area
during the noticed fireworks display
times from the hazards associated with
the fireworks displays on and over the
waterway.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
E:\FR\FM\03JNR1.SGM
03JNR1
Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
substantial number of small entities
because it is limited in size and will be
enforced for a limited time period
following certain scheduled Cincinnati
Symphony Orchestra concerts. The
Coast Guard will provide notice of
enforcement and changes in the planned
schedule through Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Marine Safety Information
Bulletins as appropriate.
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, 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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
VerDate Mar<15>2010
15:19 Jun 02, 2014
Jkt 232001
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 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.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
31867
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
establishment of a temporary safety
zone to protect persons and property
from potential hazards associated with
the scheduled Cincinnati Symphony
Orchestra fireworks displays taking
place on or over the Ohio River. 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. A new temporary § 165.T08–0238 is
added to read as follows:
■
§ 165.T08–0238 Safety Zone; Cincinnati
Symphony Orchestra Fireworks Displays
Ohio River, Mile 460.9–461.3, Cincinnati,
OH.
(a) Location. The following area is a
temporary safety zone: all waters of the
Ohio River, surface to bottom, from mile
460.9 to mile 461.3 on the Ohio River,
extending 300 ft. from the State of Ohio
shoreline at Cincinnati, Ohio. These
markings are based on the United States
Army Corps of Engineers’ Ohio River
Navigation Charts (Chart 117 June
2010).
E:\FR\FM\03JNR1.SGM
03JNR1
31868
Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
(b) Effective Dates and Enforcement
Periods. This safety zone is effective
from 9:45 p.m. to 10:15 p.m. on June 7,
2014 and from 10:00 p.m. to 10:30 p.m.
on July 4, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, movement within,
or departure from this zone is
prohibited unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
(2) Persons or vessels requiring entry
into, departure from, or movement
within a regulated area must request
permission from the Captain of the Port
Ohio Valley 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 Ohio Valley 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.
(d) Informational Broadcasts. The
COTP Ohio Valley or a designated
representative will inform the public
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or
Marine Safety Information Bulletins as
appropriate of the enforcement period
for each safety zone as well as any
changes in the planned and published
dates and times of enforcement.
Dated: May 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–12817 Filed 6–2–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0080]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 1625–AA00
Safety zone; Cincinnati Reds
Fireworks Displays Ohio River, Mile
470.1–470.4; Cincinnati, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Ohio River, surface to
bottom, extending from Ohio River mile
SUMMARY:
VerDate Mar<15>2010
15:19 Jun 02, 2014
Jkt 232001
470.1 to mile 470.4, extending 500 ft.
from the state of Ohio shoreline at
Cincinnati, Ohio. This temporary safety
zone is necessary to protect persons and
property from potential damage and
safety hazards during the Cincinnati
Reds Season Fireworks displays. During
the period of enforcement, no vessels
may be located within this Coast Guard
safety zone. Entry into this Coast Guard
safety zone is prohibited unless
specifically authorized by the Captain of
the Port Ohio Valley or other designated
representative.
DATES: This rule is effective without
actual notice from June 3, 2014 until
November 15, 2014. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
March 24, 2014, until November 15,
2014.
The scheduled enforcement times and
dates for this rule are: From 9:00 p.m.
until 11:30 p.m. on April 2 & 11; May
2, 9 & 23; June 6 & 20; July 4, 11 & 25;
August 8 & 22; and September 5 & 26,
2014. Should the Cincinnati Reds make
the playoffs and have additional home
games, the Coast Guard will provide
advance notification of enforcement
periods via Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Marine Safety Information
Bulletins as appropriate.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0080. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
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 Petty Officer Denise Davidson,
Marine Safety Detachment Cincinnati,
U.S. Coast Guard; telephone 513–921–
9033 x2113, email Denise.M.Davidson@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of
Engineers
A. Regulatory History and 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. The Coast
Guard was made aware of the schedule
for the Cincinnati Reds Season
Fireworks displays, based on the Reds’
home game schedule, on January 28,
2014. There are potential hazards
associated with fireworks displays over
or on the Ohio River and a safety zone
is required to protect persons and
property on or near the waterway during
the displays. Completing the NPRM
process and providing notice and a
comment period is impracticable
because it would unnecessarily delay
this rule and the immediate safety
measures it provides. Additionally, the
Reds’ schedule and these fireworks
displays are advertised to the local
community by and through the
Cincinnati Reds organization. Delaying
the safety zone effective date to
complete the NPRM process would
interfere with the advertised and
planned for displays and would
unnecessarily interfere with contractual
obligations related to these events.
For the same reasons, 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 a full 30 days notice would be
impracticable and would unnecessarily
delay the effective date of this rule.
Delaying the effective date would also
be contrary to public interest since
immediate action is necessary to protect
persons and property from potential
hazards associated with fireworks
displays over or on the Ohio River.
B. Basis and Purpose
Multiple fireworks displays are
planned to conclude the Cincinnati
Reds home games scheduled on April 2
& 11; May 2, 9 & 23; June 6 & 20; July
4, 11 & 25; August 8 & 22; and
September 5 & 26, 2014. These displays
will feature fireworks being launched
E:\FR\FM\03JNR1.SGM
03JNR1
]]>Agencies
[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31865-31868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12817]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0238]
RIN 1625-AA00
Safety Zone; Cincinnati Symphony Orchestra Fireworks Displays
Ohio River, Mile 460.9-461.3; Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River, surface to bottom, extending from Ohio
River mile 460.9 to mile 461.3, extending 300 ft. from the state of
Ohio shoreline at Cincinnati, Ohio. This temporary safety zone is
necessary to protect persons and property from potential damage and
safety hazards during the Cincinnati Symphony Orchestra fireworks
displays. During the period of enforcement, no vessels may be located
within this Coast Guard safety zone. Entry into this Coast Guard safety
zone is prohibited unless specifically authorized by the Captain of the
Port Ohio Valley or other designated representative.
DATES: This rule is effective from 9:45 p.m. on June 7, 2014 until
10:30 p.m. on July 4, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0238. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket 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 Petty Officer Denise Davidson, Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone 513-921-
[[Page 31866]]
9033 x2113, email Denise.M.Davidson@uscg.mil or Petty Officer John
Joeckel, Marine Safety Detachment Cincinnati, U.S. Coast Guard;
telephone 513-921-9033 x2109, email John.R.Joeckel@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers
A. Regulatory History and 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. The Coast Guard was made aware of the
fireworks displays on March 7, 2014. Upon full review of the events and
details of the fireworks displays, the Coast Guard determined that
additional safety measures are necessary. There are potential hazards
associated with fireworks displays over or on the Ohio River and a
safety zone is required to protect persons and property on or near the
waterway during the displays. Completing the NPRM process and providing
notice and a comment period is impracticable because it would
unnecessarily delay this rule and the immediate safety measures it
provides. Additionally, the events, which are followed by fireworks
displays are advertised to the local community by and through the
Cincinnati Symphony Orchestra. Delaying the safety zone effective date
to complete the NPRM process would interfere with the advertised and
planned for displays and would unnecessarily interfere with contractual
obligations related to these events.
For the same reasons, 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 a full 30
days notice would be impracticable and would unnecessarily delay the
effective date of this rule. Delaying the effective date would also be
contrary to public interest since immediate action is necessary to
protect persons and property from potential hazards associated with
fireworks displays over or on the Ohio River.
B. Basis and Purpose
A fireworks display is planned to conclude the Cincinnati Symphony
Orchestra concerts scheduled on June 7, 2014 and July 4, 2014. These
displays will feature fireworks being launched from Riverbend Music
Center, located near the shoreline between miles 460.9 and 461.3 on the
Ohio River at Cincinnati, OH. The Coast Guard determined that a safety
zone is necessary to keep persons and property clear of any potential
hazards associated with the launching of fireworks on or over the
waterway.
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; Pub. L. 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.
The purpose of the rule is to establish the necessary temporary
safety zone to provide protection for persons and property, including
spectators, commercial and recreational vessels, and others that may be
in the area during the noticed fireworks display times from the hazards
associated with the fireworks displays on and over the waterway.
C. Discussion of the Final Rule
The COTP Ohio Valley will enforce a temporary safety zone from 9:45
p.m. to 10:15 p.m. on June 7, 2014 and 10:00 p.m. to 10:30 p.m. on July
4, 2014 for the Cincinnati Symphony Orchestra fireworks display. The
fireworks will be launched from Riverbend Music Center and the safety
zone will include all waters between Ohio River miles 460.9 and 461.3,
extending 300 ft. from the state of Ohio shoreline at Cincinnati, Ohio.
The Coast Guard will enforce the temporary safety zone and may be
assisted by other federal, state and local agencies and the Coast Guard
Auxiliary. During the periods of enforcement, no vessels may transit
into, through, or remain within this Coast Guard safety zone. Deviation
from this safety zone may be requested by contacting the COTP Ohio
Valley or other designated representative. Deviations will be
considered on a case-by-case basis.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or 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. This temporary final
rule establishes a safety zone that will be enforced for limited time
periods following certain Cincinnati Symphony Orchestra concerts.
During enforcement periods, vessels are prohibited from entering into
or remaining within the safety zone unless specifically authorized by
the COTP Ohio Valley or other designated representative. Based on the
location, limited safety zone size, and short duration of each
enforcement period, this rule does not pose a significant regulatory
impact. Additionally, notice of this safety zone or any changes in the
planned schedule will be made via Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Marine Safety Information Bulletins as
appropriate. Deviation from this rule may be requested from the COTP
Ohio Valley and will be considered on a case-by-case basis.
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 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 would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor between Ohio River miles 460.9 to 461.3, within 300
ft. of the Ohio shoreline from 9:45 p.m. to 10:15 p.m. on June 7, 2014
and from 10:00 p.m. to 10:30 p.m. on July 4, 2014.
This safety zone would not have a significant economic impact on a
[[Page 31867]]
substantial number of small entities because it is limited in size and
will be enforced for a limited time period following certain scheduled
Cincinnati Symphony Orchestra concerts. The Coast Guard will provide
notice of enforcement and changes in the planned schedule through
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Marine
Safety Information Bulletins as appropriate.
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,
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 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 establishment of a temporary safety
zone to protect persons and property from potential hazards associated
with the scheduled Cincinnati Symphony Orchestra fireworks displays
taking place on or over the Ohio River. 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. A new temporary Sec. 165.T08-0238 is added to read as follows:
Sec. 165.T08-0238 Safety Zone; Cincinnati Symphony Orchestra
Fireworks Displays Ohio River, Mile 460.9-461.3, Cincinnati, OH.
(a) Location. The following area is a temporary safety zone: all
waters of the Ohio River, surface to bottom, from mile 460.9 to mile
461.3 on the Ohio River, extending 300 ft. from the State of Ohio
shoreline at Cincinnati, Ohio. These markings are based on the United
States Army Corps of Engineers' Ohio River Navigation Charts (Chart 117
June 2010).
[[Page 31868]]
(b) Effective Dates and Enforcement Periods. This safety zone is
effective from 9:45 p.m. to 10:15 p.m. on June 7, 2014 and from 10:00
p.m. to 10:30 p.m. on July 4, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, movement within, or departure
from this zone is prohibited unless authorized by the Captain of the
Port Ohio Valley or a designated representative.
(2) Persons or vessels requiring entry into, departure from, or
movement within a regulated area must request permission from the
Captain of the Port Ohio Valley 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 Ohio Valley 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.
(d) Informational Broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through Broadcast Notices to
Mariners, Local Notices to Mariners, and/or Marine Safety Information
Bulletins as appropriate of the enforcement period for each safety zone
as well as any changes in the planned and published dates and times of
enforcement.
Dated: May 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-12817 Filed 6-2-14; 8:45 am]
BILLING CODE 9110-04-P
