Safety Zone: Petaluma River Closure for Highway Widening, Petaluma River, Petaluma, CA, 33703-33705 [2014-13769]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
CALTRANS California Department of
Transportation
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of Proposed Rulemaking
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0311]
RIN 1625–AA00
Safety Zone: Petaluma River Closure
for Highway Widening, Petaluma River,
Petaluma, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Petaluma
River near the Highway 101 Bridge in
support of the Petaluma River closure
for the highway widening project taking
place from June 9, 2014 through June
21, 2014. This safety zone is established
to ensure the safety of mariners
transiting the area from the dangers
associated with overhead bridge
construction. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or their
designated representative.
DATES: This rule is effective without
actual notice from June 12, 2014
through 5 a.m. on June 21, 2014. For the
purposes of enforcement, actual notice
will be used from 10 p.m. on June 9,
2014, through June 12, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0311. 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 Lieutenant Junior Grade William
J. Hawn, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7442 or
email at D11-PF-MarineEvents@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call the Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:18 Jun 11, 2014
Jkt 232001
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(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. The Coast Guard received the
information about the highway
widening project over the Petaluma
River on April 22, 2014, and the project
would occur before the rulemaking
process would be completed. Because of
the dangers posed by the overhead
bridge construction project, the safety
zone is necessary to provide for the
safety of mariners transiting the area
during the suspension and installation
of the girders. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
event.
B. Basis and Purpose
The legal basis for the proposed rule
is 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, 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
The California Department of
Transportation (CALTRANS) will
sponsor the Petaluma River closure for
the Highway 101 widening project that
will take place from June 9, 2014
through June 21, 2014, over the
Petaluma River near Petaluma, CA in
approximate position 38°13′44″ N,
122°36′57″ W (NAD83) as depicted in
National Oceanic and Atmospheric
Administration (NOAA) Chart 18654.
This safety zone establishes a temporary
restricted area on the waters within 200
feet of the Highway 101 Bridge crossing
the Petaluma River during the girder
suspension and installation portion of
the highway widening project. This
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
33703
restricted area around the construction
project is necessary to protect mariners
from the hazards associated with the
overhead bridge construction project.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety
zone in navigable waters around and
under the Highway 101 Bridge crossing
the Petaluma River within 200 feet in
approximate position 38°13′44″ N,
122°36′57″ W (NAD83) during the girder
suspension and installation portion of
the highway widening project taking
place from June 9, 2014 through June
21, 2014 between the hours of 10 p.m.
and 5 a.m. daily.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the construction site until the
conclusion of the scheduled girder
suspension and installation project.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the restricted area. These regulations
are needed to keep vessels away from
the immediate vicinity of the
construction area to ensure the safety of
mariners transiting the area.
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.
We expect the economic impact of
this rule will not rise to the level of
necessitating a full Regulatory
Evaluation. The safety zone is limited in
duration, and is limited to a narrowly
tailored geographic area. In addition,
although this rule restricts access to the
waters encompassed by the safety zone,
the effect of this rule will not be
significant because the local waterway
users will be notified via public
Broadcast Notice to Mariners to ensure
the safety zone will result in minimum
impact. The entities most likely to be
affected are waterfront facilities,
E:\FR\FM\12JNR1.SGM
12JNR1
33704
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
This rule may affect owners and
operators of waterfront facilities,
commercial vessels, and pleasure craft
engaged in recreational activities and
sightseeing. This safety zone would not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This safety
zone would be activated, and thus
subject to enforcement, for a limited
duration. When the safety zone is
activated, vessel traffic may coordinate
movements through the safety zone by
contacting the onsite safety
representative on VHF–13 or telephone
(775) 530–3275. The maritime public
will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
rmajette on DSK2TPTVN1PROD with RULES
commercial vessels, and pleasure craft
engaged in recreational activities.
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.
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
VerDate Mar<15>2010
14:18 Jun 11, 2014
Jkt 232001
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
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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 a safety
zone of limited size and duration. 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.
E:\FR\FM\12JNR1.SGM
12JNR1
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
2. Add temporary § 165.T11–634 to
read as follows:
FEDERAL COMMUNICATIONS
COMMISSION
§ 165.T11–634 Safety Zone; Petaluma
River Closure for Highway Widening,
Petaluma River, Petaluma, CA.
rmajette on DSK2TPTVN1PROD with RULES
■
47 CFR Part 54
(a) Location. This temporary safety
zone is established in the navigable
waters of the Petaluma River near the
Highway 101 Bridge in Petaluma, CA in
approximate position 38°13′44″ N,
122°36′57″ W (NAD83) as depicted in
NOAA Chart 18654. The temporary
safety zone applies to the nearest point
of the Highway 101 Bridge crossing over
the Petaluma River within 200 feet.
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from June 9,
2014 through June 21, 2014 between the
hours of 10 p.m. and 5 a.m. daily. The
Captain of the Port San Francisco
(COTP) will notify the maritime
community of periods during which this
zone will be enforced via Broadcast
Notice to Mariners in accordance with
33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or a
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone by contacting the onsite safety
officer on VHF–13 or telephone (775)
530–3275 or through the 24-hour
Command Center at telephone (415)
399–3547.
Dated: May 27, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2014–13769 Filed 6–11–14; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
14:18 Jun 11, 2014
Jkt 232001
[CC Docket No. 02–6; GN Docket No. 09–
51; DA 14–712]
Schools and Libraries Universal
Service Support Mechanism, a
National Broadband Plan for Our
Future
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this Order, the Wireline
Competition Bureau revises its guidance
for the E-rate program with respect to
the requirement that applicants deduct
from their E-rate funding requests the
value of ineligible services bundled
with services eligible for E-rate support,
a process referred to in the E-rate
program as cost allocation. The 2010
Clarification Order permitted, under
limited circumstances, E-rate applicants
to seek E-rate support for purchases of
eligible services bundled with ineligible
components without providing a cost
allocation separating out the value of
the ineligible components. The Wireline
Competition Bureau finds that, allowing
E-rate applicants to purchase bundles of
eligible products or services and
ineligible components without
deducting the value of the ineligible
components risks having the universal
service fund (Fund) overpay for services
and resulted in applicant and service
provider confusion. The Wireline
Competition Bureau determined that Erate applicants must deduct the value of
ineligible components bundled with
eligible services unless those ineligible
components qualify as ‘‘ancillary’’ to the
eligible services under the
Commission’s rules.
DATES: Effective July 14, 2014.
FOR FURTHER INFORMATION CONTACT: Cara
Voth, Attorney, Wireline Competition
Bureau, (202) 418–0025; Bryan Boyle,
Attorney, Wireline Competition Bureau,
(202) 418–7924 or TTY: (202) 418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Wireline Competition
Bureau’s Order in CC Docket No. 02–6
and GN Docket No. 09–51; DA 14–712,
released on May 23, 2014. The full text
of this document is available for public
inspection during regular business
hours in the FCC Reference Center,
Room CY–A257, 445 12th Street, SW.,
Washington, DC 20554 or at the
following Internet address: https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2014/db0523/DA-14712A1.pdf.
SUMMARY:
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
33705
I. Introduction
1. In this Order, the Wireline
Competition Bureau (Bureau) revises
our guidance for the E-rate program
(more formally known as the schools
and libraries universal service support
program) with respect to the
requirement that applicants deduct from
their E-rate funding requests the value
of ineligible services bundled with
services eligible for E-rate support, a
process referred to in the E-rate program
as cost allocation. The 2010
Clarification Order permitted, under
limited circumstances, E-rate applicants
to seek E-rate support for purchases of
eligible services bundled with ineligible
components without providing a cost
allocation separating out the value of
the ineligible components. Beginning in
funding year 2015, we once again
require E-rate recipients to cost allocate
ineligible components that are bundled
with eligible products or services, even
under the limited circumstances
allowed for by the 2010 Clarification
Order. Based on our review of the
record, we find that allowing E-rate
applicants to purchase bundles of
eligible products or services and
ineligible components without
deducting the value of the ineligible
components risks having the federal
universal service fund (Fund) overpay
for services, and resulted in applicant
and service provider confusion. We
therefore determine that E-rate
applicants must deduct the value of
ineligible components bundled with
eligible services unless those ineligible
components qualify as ‘‘ancillary’’ to the
eligible services under the
Commission’s rules. This revised
interpretation of our rules shall be
effective beginning in funding year
2015.
II. Discussion
2. Based on our review of the record,
we now adopt the proposal made in the
E-rate Bundled Components Public
Notice, 78 FR 23877, April 23, 2013,
and revise our guidance regarding cost
allocation for bundles of eligible
services and ineligible components to
more properly align with the
Commission’s cost allocation rules for
the E-rate program, the best interests of
the Fund, and the best interests of
applicants for E-rate support. As a
result, beginning with funding year
2015, E-rate recipients must cost
allocate non-ancillary ineligible
components that are bundled with
eligible products or services, including
those components that previously
would have fallen within the scope of
components not requiring cost
E:\FR\FM\12JNR1.SGM
12JNR1
]]>Agencies
[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33703-33705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13769]
[[Page 33703]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0311]
RIN 1625-AA00
Safety Zone: Petaluma River Closure for Highway Widening,
Petaluma River, Petaluma, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Petaluma River near the Highway 101 Bridge in
support of the Petaluma River closure for the highway widening project
taking place from June 9, 2014 through June 21, 2014. This safety zone
is established to ensure the safety of mariners transiting the area
from the dangers associated with overhead bridge construction.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port or their designated representative.
DATES: This rule is effective without actual notice from June 12, 2014
through 5 a.m. on June 21, 2014. For the purposes of enforcement,
actual notice will be used from 10 p.m. on June 9, 2014, through June
12, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0311. 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 Lieutenant Junior Grade William J. Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442 or email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing or submitting
material to the docket, call the Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CALTRANS California Department of Transportation
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
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(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. The Coast Guard received the
information about the highway widening project over the Petaluma River
on April 22, 2014, and the project would occur before the rulemaking
process would be completed. Because of the dangers posed by the
overhead bridge construction project, the safety zone is necessary to
provide for the safety of mariners transiting the area during the
suspension and installation of the girders. For the safety concerns
noted, it is in the public interest to have these regulations in effect
during the event.
B. Basis and Purpose
The legal basis for the proposed rule is 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
The California Department of Transportation (CALTRANS) will sponsor
the Petaluma River closure for the Highway 101 widening project that
will take place from June 9, 2014 through June 21, 2014, over the
Petaluma River near Petaluma, CA in approximate position 38[deg]13'44''
N, 122[deg]36'57'' W (NAD83) as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18654. This safety zone
establishes a temporary restricted area on the waters within 200 feet
of the Highway 101 Bridge crossing the Petaluma River during the girder
suspension and installation portion of the highway widening project.
This restricted area around the construction project is necessary to
protect mariners from the hazards associated with the overhead bridge
construction project.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety zone in navigable waters
around and under the Highway 101 Bridge crossing the Petaluma River
within 200 feet in approximate position 38[deg]13'44'' N,
122[deg]36'57'' W (NAD83) during the girder suspension and installation
portion of the highway widening project taking place from June 9, 2014
through June 21, 2014 between the hours of 10 p.m. and 5 a.m. daily.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the construction site until the
conclusion of the scheduled girder suspension and installation project.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the restricted
area. These regulations are needed to keep vessels away from the
immediate vicinity of the construction area to ensure the safety of
mariners transiting the area.
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.
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities,
[[Page 33704]]
commercial vessels, and pleasure craft engaged in recreational
activities.
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.
This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zone is activated, vessel traffic may coordinate movements through the
safety zone by contacting the onsite safety representative on VHF-13 or
telephone (775) 530-3275. The maritime public will be advised in
advance of this safety zone via Broadcast Notice to Mariners.
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 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 a safety zone of limited size and
duration. 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.
[[Page 33705]]
0
2. Add temporary Sec. 165.T11-634 to read as follows:
Sec. 165.T11-634 Safety Zone; Petaluma River Closure for Highway
Widening, Petaluma River, Petaluma, CA.
(a) Location. This temporary safety zone is established in the
navigable waters of the Petaluma River near the Highway 101 Bridge in
Petaluma, CA in approximate position 38[deg]13'44'' N, 122[deg]36'57''
W (NAD83) as depicted in NOAA Chart 18654. The temporary safety zone
applies to the nearest point of the Highway 101 Bridge crossing over
the Petaluma River within 200 feet.
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from June 9, 2014 through June 21, 2014
between the hours of 10 p.m. and 5 a.m. daily. The Captain of the Port
San Francisco (COTP) will notify the maritime community of periods
during which this zone will be enforced via Broadcast Notice to
Mariners in accordance with 33 CFR 165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone by contacting the
onsite safety officer on VHF-13 or telephone (775) 530-3275 or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: May 27, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-13769 Filed 6-11-14; 8:45 am]
BILLING CODE 9110-04-P
