Safety Zone; Bridge Demolition, Fox River, Green Bay, WI, 57799-57802 [2014-23006]
Download as PDF
<![CDATA[
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
57800
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
September 26, 2014 until 9 p.m. on
September 30, 2014. For the purposes of
enforcement, actual notice will be used
from 6 a.m. on September 12, 2014,
until September 26, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0835. 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 temporary
rule, contact or email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 1–800–
647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
asabaliauskas on DSK5VPTVN1PROD with RULES
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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect persons and vessels from the
hazards associated with the bridge
VerDate Sep<11>2014
17:52 Sep 25, 2014
Jkt 232001
demolition project, which are discussed
further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register for the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1 which
collectively authorize the Coast Guard
to establish and define Regulated
Navigation Areas and Safety Zones.
On September 12, 2014, the Coast
Guard anticipates that blasting will take
place as part of a demolition project on
the west pier of the Wisconsin Central
Railroad Bridge at mile marker 2.61 on
the Fox River in Green Bay, Wisconsin.
The Captain of the Port Lake Michigan
has determined that the portion of this
demolition project involving blasting
will pose a significant risk to public
safety and property. Such hazards
include loss of life and property in the
proximity of explosives, and collisions
among transiting vessels and contractors
involved in the demolition project. To
account for project delays on September
12, 2014, the Coast Guard anticipates
that the demolition will resume on
September 19, 2014. If there is a
rescheduling of the Demolition Project
beyond September 19, 2014, the Captain
of the Port Lake Michigan will establish
an updated enforcement date with a
Notice of Enforcement. Further, the
Coast Guard will notify the public when
it has suspended enforcement of the
safety zone at the conclusion of the
project.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Lake
Michigan has determined that this
temporary safety zone is necessary to
ensure the safety of persons and vessels
during the demolition project in Green
Bay, Wisconsin. This rule is effective
from 6 a.m. on September 12, 2014 until
9 p.m. on September 30, 2014. This rule
will be enforced intermittently from 6
a.m. until 9 p.m. on September 12, 2014,
and intermittently from 6 a.m. until 9
p.m. on September 19, 2014. If there is
a rescheduling of the demolition project,
the Captain of the Port Lake Michigan
will establish an updated enforcement
date with a Notice of Enforcement. The
safety zone will encompass all waters of
PO 00000
Frm 00098
Fmt 4700
Sfmt 4700
the Fox River near Green Bay,
Wisconsin within a 1000-foot radius of
the Wisconsin Central Railroad Bridge
in approximate position 44°30′14″ N,
088°01′22″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan or her designated
on-scene representative. The Captain of
the Port or her designated on-scene
representative may be contacted via
VHF Channel 16.
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 conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will only
impact a small area and will be enforced
for a limited duration in September,
2014. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port or her
designated on-scene representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this temporary rule on
small entities. 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 will affect the
following entities, some of which might
be small entities: the owners or
operators of vessels intending to transit
or anchor in a portion of the Fox River
during the times that this zone is
enforced in September of 2014.
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the zone, we would issue local
Broadcast Notice to Mariners so vessel
owners and operators can plan
accordingly.
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.
asabaliauskas on DSK5VPTVN1PROD 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).
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
17:52 Sep 25, 2014
Jkt 232001
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
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.
VerDate Sep<11>2014
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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 00099
Fmt 4700
Sfmt 4700
57801
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 the
establishment of a safety zone and,
therefore it 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.
Chapters 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. Add § 165.T09–0835 to read as
follows:
■
§ 165.T09–0835 Safety Zone; Bridge
Demolition, Fox River, Green Bay, WI.
(a) Location. All waters of the Fox
River near Green Bay, Wisconsin within
a 1000-foot radius of the Wisconsin
Central Railroad Bridge in approximate
position 44°30′14″ N, 088°01′22″ W
(NAD 83).
(b) Effective and Enforcement Period.
This rule is effective from 6 a.m. on
September 12, 2014 until 9 p.m. on
September 30, 2014. This rule will be
enforced intermittently from 6 a.m. until
9 p.m. on September 12, 2014, and
intermittently from 6 a.m. until 9 p.m.
on September 19, 2014.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
E:\FR\FM\26SER1.SGM
26SER1
57802
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or her designated onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or her designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Lake
Michigan or her on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or her
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Lake Michigan or her
on-scene representative.
Dated: September 10, 2014.
A. B. Cocanour,
Captain, U. S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2014–23006 Filed 9–25–14; 8:45 am]
BILLING CODE 9110–04–P
Table of Acronyms
APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
mm Mile marker
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0791]
RIN 1625–AA00
Safety Zone; University of Alabama vs.
University of Alabama at Huntsville
Rowing Competition; Black Warrior
River mm 339 to mm 341.65;
Tuscaloosa, AL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
encompassing the waters of the Black
Warrior River, Tuscaloosa, AL from mm
339 to mm 341.65. This action is
necessary for the protection of persons
and vessels on navigable waters during
the University of Alabama (U of AL) vs.
University of Alabama at Huntsville
(UAH) Rowing Competition. Entry into
or transiting in this zone is prohibited
to all vessels, mariners, and persons
unless specifically authorized by the
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:52 Sep 25, 2014
Captain of the Port (COTP) Mobile or a
designated representative.
DATES: This rule is effective on
September 27, 2014 from 9:00 a.m. to
11:30 a.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0791. 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 temporary
rule, call or email LT Stanley A. Tarrant,
Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone
251–441–5940, email
Stanley.A.Tarrant@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:
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(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because there
is insufficient time to publish an NPRM.
The Coast Guard received notification
on August 20, 2014 from the University
of Alabama Women’s Rowing team with
intentions to conduct a rowing
competition on the Black Warrior River
PO 00000
Frm 00100
Fmt 4700
Sfmt 4700
in Tuscaloosa, AL on September 27,
2014. After reviewing the details of the
event, the Coast Guard determined that
additional safety measures are necessary
during this rowing competition on the
Black Warrior River. A temporary safety
zone is being established to provide for
the safety of participants, spectators,
and other waterway users during this
rowing competition. Publishing a NPRM
is contrary to public interest because it
would unnecessarily delay the required
safety zone’s effective date.
Additionally, delaying the safety zone
for the NPRM process would
unnecessarily interfere with the
scheduled rowing competition.
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.
Delaying the effective date to provide a
full 30 days’ notice is contrary to public
interest because immediate action is
needed to protect persons and vessels
from safety hazards associated with a
rowing competition on the Black
Warrior River.
B. Basis and Purpose
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; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
The University of Alabama Women’s
Rowing Team will conduct a rowing
competition on the Black Warrior River
in Tuscaloosa, AL on September 27,
2014. The rowing competition will
consist of 12 row boats on the race
course at a time. These row boats will
impede normal vessel traffic which
poses significant safety hazards to the
rowers and other vessels and mariners
during the course of the race on the
Black Warrior River. The COTP Mobile
is establishing a temporary safety zone
encompassing the waters of Black
Warrior River, Tuscaloosa, AL from mm
339 to mm 341.65, to protect persons
and vessels, during the rowing
competition in Tuscaloosa, AL.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this safety zone is deemed
necessary for the protection of life and
property within the COTP Mobile zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone encompassing the
waters of Black Warrior River,
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57799-57802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23006]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0835]
Safety Zone; Bridge Demolition, Fox River, Green Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: 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
[[Page 57800]]
September 26, 2014 until 9 p.m. on September 30, 2014. For the purposes
of enforcement, actual notice will be used from 6 a.m. on September 12,
2014, until September 26, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0835. 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
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If
you have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The final details for this event were not known to the Coast
Guard until there was insufficient time remaining before the event to
publish an NPRM. Thus, delaying the effective date of this rule to wait
for a comment period to run would be both impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect persons and vessels from the hazards associated with the
bridge demolition project, which are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to establish and define
Regulated Navigation Areas and Safety Zones.
On September 12, 2014, the Coast Guard anticipates that blasting
will take place as part of a demolition project on the west pier of the
Wisconsin Central Railroad Bridge at mile marker 2.61 on the Fox River
in Green Bay, Wisconsin. The Captain of the Port Lake Michigan has
determined that the portion of this demolition project involving
blasting will pose a significant risk to public safety and property.
Such hazards include loss of life and property in the proximity of
explosives, and collisions among transiting vessels and contractors
involved in the demolition project. To account for project delays on
September 12, 2014, the Coast Guard anticipates that the demolition
will resume on September 19, 2014. If there is a rescheduling of the
Demolition Project beyond September 19, 2014, the Captain of the Port
Lake Michigan will establish an updated enforcement date with a Notice
of Enforcement. Further, the Coast Guard will notify the public when it
has suspended enforcement of the safety zone at the conclusion of the
project.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of persons and vessels during the
demolition project in Green Bay, Wisconsin. This rule is effective from
6 a.m. on September 12, 2014 until 9 p.m. on September 30, 2014. This
rule will be enforced intermittently from 6 a.m. until 9 p.m. on
September 12, 2014, and intermittently from 6 a.m. until 9 p.m. on
September 19, 2014. If there is a rescheduling of the demolition
project, the Captain of the Port Lake Michigan will establish an
updated enforcement date with a Notice of Enforcement. The safety zone
will encompass all waters of the Fox River near Green Bay, Wisconsin
within a 1000-foot radius of the Wisconsin Central Railroad Bridge in
approximate position 44[deg]30'14'' N, 088[deg]01'22'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or her designated on-scene representative. The Captain of the Port or
her designated on-scene representative may be contacted via VHF Channel
16.
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 conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will only
impact a small area and will be enforced for a limited duration in
September, 2014. Under certain conditions, moreover, vessels may still
transit through the safety zone when permitted by the Captain of the
Port or her designated on-scene representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. 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 will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in a portion of the Fox River during the times
that this zone is enforced in September of 2014.
[[Page 57801]]
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
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 the establishment of a safety zone and,
therefore it 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. Chapters 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. Add Sec. 165.T09-0835 to read as follows:
Sec. 165.T09-0835 Safety Zone; Bridge Demolition, Fox River, Green
Bay, WI.
(a) Location. All waters of the Fox River near Green Bay, Wisconsin
within a 1000-foot radius of the Wisconsin Central Railroad Bridge in
approximate position 44[deg]30'14'' N, 088[deg]01'22'' W (NAD 83).
(b) Effective and Enforcement Period. This rule is effective from 6
a.m. on September 12, 2014 until 9 p.m. on September 30, 2014. This
rule will be enforced intermittently from 6 a.m. until 9 p.m. on
September 12, 2014, and intermittently from 6 a.m. until 9 p.m. on
September 19, 2014.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry
[[Page 57802]]
into, transiting, or anchoring within this safety zone is prohibited
unless authorized by the Captain of the Port Lake Michigan or her
designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or her designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or her on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or her on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan or her on-scene representative.
Dated: September 10, 2014.
A. B. Cocanour,
Captain, U. S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-23006 Filed 9-25-14; 8:45 am]
BILLING CODE 9110-04-P
