Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone, 57798-57799 [2014-22974]

Download as PDF 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. VerDate Sep<11>2014 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: Frm 00096 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26SER1.SGM 26SER1 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 Frm 00097 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26SER1.SGM 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.

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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
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