Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone, 57798-57799 [2014-22974]
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57798
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
voluntarily adopt State Plans. OSHA
further noted that the rule imposed
costs of over $100 million per year on
the private sector and, therefore,
required review under the UMRA for
those costs, but that its final economic
analysis met that requirement.
As discussed above in Section III.A
(Final Economic Analysis and
Regulatory Flexibility Analysis) of this
preamble, this final rule does not
impose any costs on private-sector
employers beyond those costs already
taken into account in the 2010 final rule
for cranes and derricks in construction.
Because OSHA reviewed the total costs
of the 2010 final rule under the UMRA,
no further review of those costs is
necessary. Therefore, for the purposes of
the UMRA, OSHA certifies that this
final rule does not mandate that state,
local, or tribal governments adopt new,
unfunded regulatory obligations, or
increase expenditures by the private
sector of more than $100 million in any
year.
asabaliauskas on DSK5VPTVN1PROD with RULES
F. Consultation and Coordination With
Indian Tribal Governments
OSHA reviewed this final rule in
accordance with Executive Order 13175
(65 FR 67249) and determined that it
does not have ‘‘tribal implications’’ as
defined in that order. The rule does not
have substantial direct effects 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.
G. Legal Considerations
The purpose of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
651 et seq.) is ‘‘to assure so far as
possible every working man and woman
in the nation safe and healthful working
conditions and to preserve our human
resources.’’ 29 U.S.C. 651(b). To achieve
this goal, Congress authorized the
Secretary of Labor to promulgate and
enforce occupational safety and health
standards. 29 U.S.C. 654(b), 655(b). A
safety or health standard is a standard
‘‘which requires conditions, or the
adoption or use of one or more
practices, means, methods, operations,
or processes, reasonably necessary or
appropriate to provide safe or healthful
employment or places of employment.’’
29 U.S.C. 652(8). A standard is
reasonably necessary or appropriate
within the meaning of Section 652(8)
when a significant risk of material harm
exists in the workplace and the standard
would substantially reduce or eliminate
that workplace risk. See Industrial
Union Department, AFL–CIO v.
American Petroleum Institute, 448 U.S.
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17:52 Sep 25, 2014
Jkt 232001
607 (1980). In the cranes rulemaking,
OSHA made such a determination with
respect to the use of cranes and derricks
in construction (75 FR 47913, 47920–
21). This final rule does not impose any
new requirements on employers.
Therefore, this final rule does not
require an additional significant risk
finding (see Edison Electric Institute v.
OSHA, 849 F.2d 611, 620 (D.C. Cir.
1988)).
In addition to materially reducing a
significant risk, a safety standard must
be technologically feasible. See UAW v.
OSHA, 37 F.3d 665, 668 (D.C. Cir.
1994). A standard is technologically
feasible when the protective measures it
requires already exist, when available
technology can bring the protective
measures into existence, or when that
technology is reasonably likely to
develop (see American Textile Mfrs.
Institute v. OSHA, 452 U.S. 490, 513
(1981); American Iron and Steel
Institute v. OSHA, 939 F.2d 975, 980
(D.C. Cir. 1991)). In the 2010 Final
Economic Analysis for the cranes
standard, OSHA found the standard to
be technologically feasible (75 FR
48079). This final rule is, therefore,
technologically feasible as well because
it does not require employers to
implement any additional protective
measures; it simply extends the
duration of existing requirements.
List of Subjects in 29 CFR Part 1926
Construction industry, Cranes,
Derricks, Occupational safety and
health, Safety.
Authority and Signature
Signed at Washington, DC, on September
19, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Amendments to Standards
For the reasons stated in the preamble
of this final rule, OSHA amends 29 CFR
part 1926 as follows:
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Subpart CC—Cranes and Derricks in
Construction
1. The authority citation for subpart
CC of 29 CFR part 1926 continues to
read as follows:
■
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C.
653, 655, 657; and Secretary of Labor’s
Orders 5–2007 (72 FR 31159) or 1–2012 (77
FR 3912), as applicable; and 29 CFR part
1911.
2. Amend § 1926.1427 by revising
paragraph (k) to read as follows:
■
§ 1926.1427 Operator qualification and
certification.
*
*
*
*
*
(k) Phase-in. (1) The provisions of this
section became applicable on November
8, 2010, except for paragraphs (a)(2) and
(f), which are applicable November 10,
2017.
(2) When § 1926.1427(a)(1) is not
applicable, all of the requirements in
paragraphs (k)(2)(i) and (ii) of this
section apply until November 10, 2017.
(i) The employer must ensure that
operators of equipment covered by this
standard are competent to operate the
equipment safely.
(ii) When an employee assigned to
operate machinery does not have the
required knowledge or ability to operate
the equipment safely, the employer
must train that employee prior to
operating the equipment. The employer
must ensure that each operator is
evaluated to confirm that he/she
understands the information provided
in the training.
[FR Doc. 2014–22816 Filed 9–25–14; 8:45 am]
BILLING CODE 4510–26–P
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC 20210,
authorized the preparation of this
document. OSHA is issuing this rule
under the following authorities: 29
U.S.C. 653, 655, 657; 40 U.S.C. 3701 et
seq.; 5 U.S.C. 553; Secretary of Labor’s
Order No. 1–2012 (77 FR 3912, Jan. 25,
2012); and 29 CFR part 1911.
PO 00000
PART 1926—[AMENDED]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2014–0697]
Special Local Regulation; Southern
California Annual Marine Events for
the San Diego Captain of the Port Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the U.S. Open Water Ski Racing
Nationals special local regulations on
October 11–12, 2014. This marine event
occurs on the navigable waters of
Mission Bay, in San Diego, California.
This action is necessary to provide for
SUMMARY:
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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
safety of the participants, crew,
spectators, safety vessels, and general
users of the waterway. During the
enforcement period, persons and vessels
are prohibited from entering into,
transiting through, or anchoring within
this regulated area unless authorized by
the Captain of the Port, or his
designated representative.
DATES: The regulations for the marine
event listed in 33 CFR 100.1101, Table
1, Item 14, will be enforced from 8:00
a.m. to 5:00 p.m. on October 11–12,
2014.
If
you have questions on this notice, call
or email Petty Officer Giacomo Terrizzi,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7261, email
Giacomo.Terrizzi@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in Mission Bay for the U.S.
Open Water Ski Racing Nationals in 33
CFR 100.1101, Table 1, Item 14 from
8:00 a.m. to 5:00 p.m.
Under the provisions of 33 CFR
100.1101, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within the
regulated area unless authorized by the
Captain of the Port, or his designated
representative. Persons or vessels
desiring to enter into or pass through
the regulated area may request
permission from the Captain of the Port
or a designated representative. If
permission is granted, all persons and
vessels shall comply with the
instructions of the Captain of the Port or
designated representative. Spectator
vessels may safely transit outside the
regulated area, but may not anchor,
block, loiter, or impede the transit of
participants or official patrol vessels.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in patrol and
notification of the special local
regulations.
This notice is issued under authority
of 5 U.S.C. 552(a) and 33 CFR 100.1101.
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners,
Broadcast Notice to Mariners, and local
advertising by the event sponsor. If the
Captain of the Port Sector San Diego or
his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this notice, he or she may use
a Broadcast Notice to Mariners or other
communications coordinated with the
asabaliauskas on DSK5VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:52 Sep 25, 2014
Jkt 232001
event sponsor to grant general
permission to enter the regulated area.
Dated: September 16, 2014.
J. A. Janszen,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2014–22974 Filed 9–25–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2014–0839]
Special Local Regulation; Annual
Marine Events on the Colorado River
Between Davis Dam (Bullhead City,
AZ) and Headgate Dam (Parker, AZ)
Within the San Diego Captain of the
Port Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the annual Blue Water Resort and
Casino (BWRC) Parker Enduro marine
event and associated waterway
restriction special local regulations on
October 24–26, 2014. This event occurs
in the navigable waters of the Colorado
River in Parker, Arizona between river
miles 179 and 185 (between the
Roadrunner Resort and the Headgate
Dam). These special local regulations
are necessary to provide for the safety of
the participants, crew, spectators, and
general users of the waterway. During
the enforcement period, persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this regulated area unless
authorized by the Captain of the Port, or
his designated representative.
DATES: The regulations for the marine
event listed in 33 CFR 100.1102, Table
1, Item 11, will be enforced from 8:00
a.m. to 5:00 p.m. on October 24–26,
2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Petty Officer Giacomo Terrizzi,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7656, email D11-PFMarineEventsSanDiego@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1102 in
support of the annual BWRC Parker
Enduro (Item 11 on Table 1 of 33 CFR
100.1102), held in late October. The
Coast Guard will enforce the special
SUMMARY:
PO 00000
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Fmt 4700
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57799
local regulations on the Colorado River
in Parker, AZ on Friday, October 24,
2014 through Sunday, October 26, 2014
from 8 a.m. to 5 p.m.
Under the provisions of 33 CFR
100.1102, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this
regulated area of the Colorado River
unless authorized by the Captain of the
Port, or his designated representative.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in patrol and
notification of this regulation.
This notice is issued under authority
of 5 U.S.C. 552 (a) and 33 CFR 100.1102.
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners and
local advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this notice, he or she may use
a Broadcast Notice to Mariners or other
communications coordinated with the
event sponsor to grant general
permission to enter the regulated area.
Dated: September 15, 2014.
J. S. Spaner,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–22975 Filed 9–25–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0835]
Safety Zone; Bridge Demolition, Fox
River, Green Bay, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Fox River in Green Bay, Wisconsin.
This safety zone is intended to restrict
vessels from a portion of the Fox River
due to demolition work on a railroad
bridge. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the bridge demolition.
DATES: This rule is effective from 6 a.m.
on September 12, 2014 until 9 p.m. on
September 30, 2014. This rule is
effective without actual notice from
SUMMARY:
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26SER1
Agencies
[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57798-57799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22974]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2014-0697]
Special Local Regulation; Southern California Annual Marine
Events for the San Diego Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the U.S. Open Water Ski Racing
Nationals special local regulations on October 11-12, 2014. This marine
event occurs on the navigable waters of Mission Bay, in San Diego,
California. This action is necessary to provide for
[[Page 57799]]
safety of the participants, crew, spectators, safety vessels, and
general users of the waterway. During the enforcement period, persons
and vessels are prohibited from entering into, transiting through, or
anchoring within this regulated area unless authorized by the Captain
of the Port, or his designated representative.
DATES: The regulations for the marine event listed in 33 CFR 100.1101,
Table 1, Item 14, will be enforced from 8:00 a.m. to 5:00 p.m. on
October 11-12, 2014.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Giacomo Terrizzi, Waterways Management,
U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7261, email
Giacomo.Terrizzi@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in Mission Bay for the U.S. Open Water Ski Racing
Nationals in 33 CFR 100.1101, Table 1, Item 14 from 8:00 a.m. to 5:00
p.m.
Under the provisions of 33 CFR 100.1101, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
the regulated area unless authorized by the Captain of the Port, or his
designated representative. Persons or vessels desiring to enter into or
pass through the regulated area may request permission from the Captain
of the Port or a designated representative. If permission is granted,
all persons and vessels shall comply with the instructions of the
Captain of the Port or designated representative. Spectator vessels may
safely transit outside the regulated area, but may not anchor, block,
loiter, or impede the transit of participants or official patrol
vessels. The Coast Guard may be assisted by other Federal, State, or
local law enforcement agencies in patrol and notification of the
special local regulations.
This notice is issued under authority of 5 U.S.C. 552(a) and 33 CFR
100.1101. In addition to this notice in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
this enforcement period via the Local Notice to Mariners, Broadcast
Notice to Mariners, and local advertising by the event sponsor. If the
Captain of the Port Sector San Diego or his designated representative
determines that the regulated area need not be enforced for the full
duration stated on this notice, he or she may use a Broadcast Notice to
Mariners or other communications coordinated with the event sponsor to
grant general permission to enter the regulated area.
Dated: September 16, 2014.
J. A. Janszen,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2014-22974 Filed 9-25-14; 8:45 am]
BILLING CODE 9110-04-P