Eighth Coast Guard District Annual Safety Zones; Wheeling Heritage Port Sternwheel Festival; Ohio River Mile 90.2 to 90.7; Wheeling, WV, 34424-34425 [2014-14178]

Download as PDF 34424 Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 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. requirements, Security measures, and Waterways. 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. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. tkelley on DSK3SPTVN1PROD with RULES 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 for a fireworks display launch site and fallout area and is expected to have no impact on the water or environment. This zone is designed to protect mariners and spectators from the hazards associated with aerial fireworks displays. 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 VerDate Mar<15>2010 16:20 Jun 16, 2014 Jkt 232001 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05–0413 to read as follows: ■ § 165.T05-0413 Safety Zone; Cape Fear River, Wilmington, NC. (a) Definitions. For the purposes of this section, Captain of the Port means the Commander, Sector North Carolina. Representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized to act on the behalf of the Captain of the Port. (b) Location. The following area is a safety zone: Specified waters of the Captain of the Port, Sector North Carolina, as defined in 33 CFR 3.25–20, all waters of the Cape Fear River within a 300 yard radius of approximate position latitude 34°14′11″ N longitude 077°56′57″ W, located on the Battleship ‘‘North Carolina’’ parking lot. (c) Regulations. (1) The general regulations contained in § 165.23 of this part apply to the area described in paragraph (b) of this section. (2) Persons or vessels requiring entry into or passage through any portion of the safety zone must first request authorization from the Captain of the Port, or a designated representative, unless the Captain of the Port previously announced via Marine Safety Radio Broadcast on VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will not be enforced in that portion of the safety zone. The Captain of the Port can be contacted at telephone number (910) 343–3882 or by radio on VHF Marine Band Radio, channels 13 and 16. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced on June 20, 2014 from 9 p.m. to 10 p.m. unless cancelled earlier by the Captain of the Port. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Dated: June 3, 2014. S.R. Murtagh, Captain, U.S. Coast Guard, Captain of the Port. [FR Doc. 2014–14166 Filed 6–16–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0364] RIN 1625–AA00 Eighth Coast Guard District Annual Safety Zones; Wheeling Heritage Port Sternwheel Festival; Ohio River Mile 90.2 to 90.7; Wheeling, WV Coast Guard, DHS. Notice of Enforcement of Regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Wheeling Heritage Port Sternwheel Festival Fireworks on the Ohio River, from mile 90.2 to 90.7, extending the entire width of the river. This zone will be in effect on September 13, 2014 from 8:45 p.m. until 10:00 p.m. This zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the Wheeling Heritage Port Sternwheel Festival Fireworks Barge-based Fireworks. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative. DATES: The regulations in 33 CFR 165.801 will be enforced with actual notice on September 13, 2014. FOR FURTHER INFORMATION CONTACT: If you have questions on this document of enforcement, call or email Ronald Lipscomb, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone (412) 644–5808, email Ronald.c.lipscomb1@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone for the annual Wheeling Heritage Port Sternwheel Festival listed in 33 CFR 165.801 Table 1, Table No. 152; Sector Ohio Valley, No. 56. Under the provisions of 33 CFR 165.801, entry into the safety zone listed in Table 1, Table No. 152; Sector Ohio Valley, No. 56 is prohibited unless authorized by the Captain of the Port or SUMMARY: E:\FR\FM\17JNR1.SGM 17JNR1 Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the Captain of the Port Pittsburgh or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port Pittsburgh or designated representative. This document is issued under authority of 5 U.S.C. 552(a); 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; Department of Homeland Security Delegation No. 0170.1. In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Local Notice to Mariners and updates via Marine Information Broadcasts. If the Captain of the Port Pittsburgh or designated representative determines that the Safety Zone need not be enforced for the full duration stated in this document of enforcement, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. DATES: Dated: May 28, 2014. L.N. Weaver, Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh. Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking [FR Doc. 2014–14178 Filed 6–16–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0298] RIN 1625–AA00 Safety Zone, Chesapeake Bay; Cape Charles, VA Coast Guard, DHS. Temporary Final Rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the navigable waters of the Chesapeake Bay in Cape Charles, VA. This safety zone will restrict vessel movement in the specified area during the Virginia Chapter Young Presidents Organization and Cape Charles fireworks displays. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the fireworks displays. tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:20 Jun 16, 2014 Jkt 232001 This rule is effective and will be enforced from 9:30 p.m. until 10 p.m. on June 20, 2014 and August 2, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0298]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 LCDR Gregory Knoll, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone (757) 668–5581, email Gregory.J.Knoll@ 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: 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 written 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 because doing so will be unnecessary and contrary to the public interest. The enforcement of the safety zone will be brief in time and wellpublicized, and the location is already used for other fireworks displays during the year as noted in 33 CFR 165.506(c). It is unnecessary to provide a comment period for the safety zone because the public is already aware of the impact that a limited duration safety zone has in the immediate area. Additionally, providing a comment period would be PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 34425 against the public interest because of the delay that providing for a comment period would cause. Delaying the public announcement of this safety zone would be detrimental to the protection of life and property because of how limited notice the public would receive about the safety zone. As a result, the public may not be aware of the safety zone and may be at risk for danger from falling debris and other hazards associated with fireworks in a marine environment. The Coast Guard received the applications for these two fireworks displays with short notice, both well after the specified deadline of 135 days prior to the event. As such, it is in the public interest to publish the final rule as soon as possible to provide for maximal advertisement of the rule. By removing the comment period, the rule will be published with much greater advanced notice, allowing the boating public to make plans to avoid the safety zone as needed. B. Basis and Purpose Spectator vessels may gather nearby to view the fireworks displays. Due to the need for vessel control during the fireworks display, vessel traffic will be temporarily restricted to provide for the safety of participants, spectators and transiting vessels. Under provisions of 33 CFR 165.506, during the enforcement period, vessels may not enter the regulated area unless they receive permission from the Coast Guard Patrol Commander. C. Discussion of the Final Rule The Captain of the Port of Hampton Roads is establishing a safety zone on specified waters of the Chesapeake Bay within a 350 foot radius of the position: 37°-15′-47″ N/076°-01′-29″ W (NAD 1983), in the vicinity of Cape Charles, Virginia. This safety zone will be enforced on June 20, 2014 and August 2, 2014 between the hours of 9:30 p.m. and 10:00 p.m. Access to the safety zone will be restricted during the specified dates and times. Except for vessels authorized by the Captain of the Port or his Representative, no person or vessel may enter or remain in the safety zone during the time frame listed. The Captain of the Port will give notice of the enforcement of the safety zone by all appropriate means to provide the widest dissemination of notice among the affected segments of the public. This will include publication in the Local Notice to Mariners and Marine Information Broadcasts. E:\FR\FM\17JNR1.SGM 17JNR1

Agencies

[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34424-34425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14178]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0364]
RIN 1625-AA00


Eighth Coast Guard District Annual Safety Zones; Wheeling 
Heritage Port Sternwheel Festival; Ohio River Mile 90.2 to 90.7; 
Wheeling, WV

AGENCY: Coast Guard, DHS.

ACTION: Notice of Enforcement of Regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Wheeling 
Heritage Port Sternwheel Festival Fireworks on the Ohio River, from 
mile 90.2 to 90.7, extending the entire width of the river. This zone 
will be in effect on September 13, 2014 from 8:45 p.m. until 10:00 p.m. 
This zone is needed to protect vessels transiting the area and event 
spectators from the hazards associated with the Wheeling Heritage Port 
Sternwheel Festival Fireworks Barge-based Fireworks. During the 
enforcement period, entry into, transiting, or anchoring in the safety 
zone is prohibited to all vessels not registered with the sponsor as 
participants or official patrol vessels, unless specifically authorized 
by the Captain of the Port (COTP) Pittsburgh or a designated 
representative.

DATES: The regulations in 33 CFR 165.801 will be enforced with actual 
notice on September 13, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this document 
of enforcement, call or email Ronald Lipscomb, Marine Safety Unit 
Pittsburgh, U.S. Coast Guard, at telephone (412) 644-5808, email 
Ronald.c.lipscomb1@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone 
for the annual Wheeling Heritage Port Sternwheel Festival listed in 33 
CFR 165.801 Table 1, Table No. 152; Sector Ohio Valley, No. 56.
    Under the provisions of 33 CFR 165.801, entry into the safety zone 
listed in Table 1, Table No. 152; Sector Ohio Valley, No. 56 is 
prohibited unless authorized by the Captain of the Port or

[[Page 34425]]

a designated representative. Persons or vessels desiring to enter into 
or passage through the safety zone must request permission from the 
Captain of the Port Pittsburgh or a designated representative. If 
permission is granted, all persons and vessels shall comply with the 
instructions of the Captain of the Port Pittsburgh or designated 
representative.
    This document is issued under authority of 5 U.S.C. 552(a); 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; Department of Homeland Security Delegation No. 0170.1. In 
addition to this document in the Federal Register, the Coast Guard will 
provide the maritime community with advance notification of this 
enforcement period via Local Notice to Mariners and updates via Marine 
Information Broadcasts.
    If the Captain of the Port Pittsburgh or designated representative 
determines that the Safety Zone need not be enforced for the full 
duration stated in this document of enforcement, he or she may use a 
Broadcast Notice to Mariners to grant general permission to enter the 
regulated area.

    Dated: May 28, 2014.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 2014-14178 Filed 6-16-14; 8:45 am]
BILLING CODE 9110-04-P