Safety Zone; Natchez Specialties New Year's Eve Firework Display, Lower Mississippi River, Mile Marker, (MM) 363.5 to 364.5, 67065-67068 [2014-26753]
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
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 affect 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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.
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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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a safety zone. This rule is
categorically excluded from further
review under paragraph (34)(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
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
67065
prohibited unless authorized by the
Captain of the Port, Hampton Roads or
his designated Representative.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Contact on scene contracting
vessels via VHF channel 13 and 16 for
passage instructions.
(ii) If on scene proceed as directed by
any commissioned, warrant or petty
officer on shore or on board a vessel that
is displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period. This section
will be enforced for 12 periods of 48
hours in length beginning at midnight
on January 5, January 12, January 19,
January 22, January 27, February 9,
March 2, March 5, March 10, March 23,
March 30 and April 6, 2015. Any
deviations from these times willbe
communicated via marine information
broadcasts.
Dated: October 17, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2014–26670 Filed 11–10–14; 8:45 am]
■
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T05–0693 to read as
follows:
33 CFR Part 165
§ 165.T05–0693 Safety Zone, Elizabeth
River; Portsmouth, VA.
RIN 1625–AA00
■
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
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 Hampton
Roads zone, as defined in 33 CFR 3.25–
10: the marked channel of the Elizabeth
River between Elizabeth River Channel
Buoy 31 (LLNR 9835) and Elizabeth
River Channel Buoy 34 (LLNR 9855).
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
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Coast Guard
[Docket No. USCG–2014–0784]
Safety Zone; Natchez Specialties New
Year’s Eve Firework Display, Lower
Mississippi River, Mile Marker, (MM)
363.5 to 364.5
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary Safety Zone for
all waters of the Lower Mississippi
River, from MM 363.5 to MM 364.5.
This safety zone is needed to protect
persons and vessels from the potential
safety hazards associated with a
fireworks display. Entry into this zone
is prohibited to all vessels, mariners,
and persons unless specifically
SUMMARY:
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
authorized by the Captain of the Port
(COTP), Lower Mississippi River or a
designated representative.
DATES: This rule is effective from 7:30
p.m. to 8:00 p.m. on December 31, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0784]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Tyrone Conner, Sector Lower
Mississippi River Waterways
Management Division, U.S. Coast
Guard; telephone (901) 521–4725, email
Tyrone.L.Conner@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
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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.’’ While a full 30
days notice is provided, under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not completing the
full notice of proposed rulemaking
(NPRM) process with respect to this
rule. After reviewing the details of the
application and the fireworks display,
the Coast Guard determined that a
fireworks display taking place over a
confined waterway presents certain
safety hazards requiring additional
safety measures. This safety zone is
needed to protect fireworks display
spectators, and other mariners from
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those safety hazards. Delaying or
foregoing this safety measure would be
contrary to the public interest.
Additionally, this display has been
advertised to the local community and
while the application for this event was
not timely submitted, we understand
that the local community has
undertaken considerable planning for
this event. It would thus be
impracticable and unnecessary to
reschedule or delay the planned event
in order to complete the full NPRM
process. Rescheduling or delaying the
event would interfere with commercial
and contractual obligations.
B. Basis and Purpose
The legal basis and authority 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; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which authorizes the Coast
Guard to establish and define regulatory
safety zones. The Natchez Specialties
New Year’s Eve Firework Display is
scheduled to take place on December
31, 2014 on the Lower Mississippi River
MM 364.0. The introduction of
fireworks display into a commercially
transited waterway poses significant
safety hazards to both the operators and
the commercial vessels.
The COTP Lower Mississippi River is
establishing a temporary safety zone for
a portion of the Lower Mississippi River
from MM 363.5 to MM 364.5 to
safeguard persons and vessels, during
the fireworks display. The COTP
anticipates minimal impact on vessel
traffic due to this regulation. However,
the temporary safety zone is deemed
necessary for the safeguard of life and
property within the COTP Lower
Mississippi zone.
C. Discussion of the Final Rule
The Natchez Specialties New Year’s
Eve Firework Display is scheduled to
take place on December 31, 2014 on the
Lower Mississippi River at MM 364.0.
The Coast Guard is establishing a
temporary safety zone to protect life and
property from the hazards associated
with a fireworks display on a
commercially transited waterway. This
temporary safety zone encompasses all
waters of the Lower Mississippi River
from MM 363.5 to MM 364.5. This
temporary safety zone is effective from:
7:30 p.m. to 8:00 p.m. on December 31,
2014. Entry into, transiting or anchoring
in the safety zone is prohibited unless
specifically authorized by the COTP
Lower Mississippi River or a designated
representative. Requests for deviation
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from this restriction should be directed
to the COTP Lower Mississippi River or
designated representative. Deviation
requests will be considered on a caseby-case basis.
The COTP Lower Mississippi River
may be contacted by telephone at 866–
777–2784. The COTP Lower Mississippi
River or a designated representative will
inform the public through broadcast
notice to mariners of changes in the
effective period or planned schedule for
these restrictions.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
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.
The temporary safety zone listed in
this rule will only restrict vessel traffic
from entering, transiting, or anchoring
within a small portion of the Lower
Mississippi River. The effect of this
regulation will not be significant for
several reasons: (1) This rule will only
affect vessel traffic for a short duration;
(2) vessels may request permission from
the COTP to deviate from the restriction
and transit through the safety zone; and
(3) the impacts on routine navigation are
expected to be minimal because
notifications to the marine community
will be made through local notice to
mariners (LNM) and broadcast notice to
mariners (BNM). Therefore, these
notifications will allow the public to
plan operations around the safety zone
and its enforcement times.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
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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 may be small
entities: the owners or operators of
vessels intending to transit the Lower
Mississippi River from MM 363.5 to
MM 364.5 effective from 7:30 p.m. to
8:00 p.m. on December 31, 2014. This
safety zone will not have a significant
economic impact on a substantial
number of small entities because this
rule will only be in effect during
scheduled firework display times for
approximately thirty minutes on the day
the event is occurring. Traffic in this
area is limited to almost entirely
recreational vessels and commercial
towing vessels. Notifications to the
marine community will be made
through BNMs and electronic mail.
Notices of changes to the safety zone
and scheduled effective times and
enforcement periods will also be made.
Deviation from the restrictions may be
requested from the COTP or designated
representative and will be considered
on a case-by-case basis.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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
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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
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67067
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that is not expected to have any
environmental impact as described in
NEPA. 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
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
■
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. A new temporary § 165.T08–0784 is
added to read as follows:
■
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§ 165.T08–0784 Safety Zone; Natchez
Specialties New Year’s Eve Firework
Display, Lower Mississippi River Mile
Marker, (MM) 363.5 to (MM) 364.5, Natchez,
MS.
(a) Location. The following area is
under a temporary safety zone: waters of
the Lower Mississippi River, from MM
363.5 to MM 364.5.
(b) Effective date and times. This rule
will be effective from 7:30 p.m. to 8:00
p.m. on December 31, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this area is
prohibited unless authorized by the
Captain of the Port (COTP) Lower
Mississippi River or a designated
representative.
(2) Spectator vessels may safely
transit outside the safety zone at a
minimum safe speed, but may not
anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or
passage through the safety zone must
request permission from the COTP
Lower Mississippi River or a designated
representative. They may be contacted
on VHF–FM channels 16 or by
telephone at (901) 521–4822.
(4) All vessels shall comply with the
instructions of the COTP Lower
Mississippi River and designated
personnel. Designated personnel
include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(d) Informational Broadcasts. The
Captain of the Port, Lower Mississippi
River or a designated representative will
inform the public through broadcast
notices to mariners (BNM) of the
effective period for the safety zone and
of any changes in the effective period,
enforcement times, or size of the safety
zone.
Dated: October 31, 2014.
J.D. Burns,
Acting, Commander, U.S. Coast Guard,
Acting Captain of the Port, Lower Mississippi
River.
[FR Doc. 2014–26753 Filed 11–10–14; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R06–OAR–2012–0099; FRL–9919–02–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Reasonable Further Progress Plan,
Enhanced Monitoring, Clean Fuel
Fleets and Failure-to-Attain
Contingency Measures for the Dallas/
Fort Worth 1997 8-Hour Ozone
Nonattainment Area; and
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Texas State Implementation Plan
(SIP) submitted by the Texas
Commission on Environmental Quality
(TCEQ) on January 17, 2012, which
contain a reasonable further progress
(RFP) plan and associated contingency
measures and motor vehicle emission
budgets; a revised 2002 base year
emissions inventory for the RFP;
enhanced ambient monitoring; and the
clean-fuel fleet programs for the Dallas/
Fort Worth (DFW) Serious
nonattainment area under the 1997 8hour ozone standard. The EPA is also
approving revisions to the DFW
Moderate area attainment demonstration
SIP submitted by the TCEQ on April 6,
2010, which address the failure-to-attain
contingency measures. The EPA is also
approving revisions submitted by the
TCEQ on July 25, 2007, March 25, 2010
and April 13, 2012, which address the
Texas transportation conformity rules
and the Texas Diesel Emissions
Reduction Incentive Program for OnRoad and Non-Road Vehicles. The EPA
is approving these SIP revisions in
accordance with the requirements of the
Clean Air Act (CAA or Act).
DATES: This final rule is effective on
December 12, 2014.
ADDRESSES: The EPA established a
docket for this action under Docket ID
No. EPA–R06–OAR–2012–0099. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
SUMMARY:
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electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. To inspect the hard copy
materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Paige, Air Planning Section
(6PD–L); telephone (214) 665–6521;
email address paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The background for this final rule is
discussed in the May 13, 2014 Federal
Register (FR) where we proposed to
approve revisions to the Texas SIP (79
FR 27257), henceforth referred to as our
‘‘Proposal.’’ We proposed to approve all
or parts of six SIP revisions submitted
by the TCEQ, which we organized into
three categories. First, we proposed to
approve revisions to the Texas SIP
submitted on January 17, 2012, to meet
certain Serious area requirements of
section 182(c) of the Act for the DFW
nonattainment area under the 1997
ozone standard: The reasonable further
progress (RFP) plan; the RFP
contingency measure provisions; the
revised 2002 base year emission
inventory (EI); enhanced ambient
monitoring; and the clean-fuel fleet
programs (CFFPs). Our proposed
approval of the RFP includes the
associated motor vehicle emission
budgets (MVEBs) for 2011 and 2012—
once the EPA approves the submitted
MVEBs, they must be used by local,
state and Federal agencies in
determining whether transportation
activities conform to the SIP as required
by section 176(c) of the CAA and 40
CFR 93.102. Second, we proposed to
approve revisions to the DFW SIP’s
failure-to-attain contingency measures
plan for the Moderate ozone
nonattainment area under the 1997
ozone standard, submitted on April 6,
2010. Third, we proposed to approve
into the SIP revisions submitted on July
25, 2007, March 25, 2010, and April 13,
2012, that make the Texas
transportation conformity rules
consistent with the Federal Surface
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[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67065-67068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26753]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0784]
RIN 1625-AA00
Safety Zone; Natchez Specialties New Year's Eve Firework Display,
Lower Mississippi River, Mile Marker, (MM) 363.5 to 364.5
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Safety Zone for
all waters of the Lower Mississippi River, from MM 363.5 to MM 364.5.
This safety zone is needed to protect persons and vessels from the
potential safety hazards associated with a fireworks display. Entry
into this zone is prohibited to all vessels, mariners, and persons
unless specifically
[[Page 67066]]
authorized by the Captain of the Port (COTP), Lower Mississippi River
or a designated representative.
DATES: This rule is effective from 7:30 p.m. to 8:00 p.m. on December
31, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0784]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Tyrone Conner, Sector Lower Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone (901) 521-
4725, email Tyrone.L.Conner@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
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.'' While a full 30 days notice is provided, under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
completing the full notice of proposed rulemaking (NPRM) process with
respect to this rule. After reviewing the details of the application
and the fireworks display, the Coast Guard determined that a fireworks
display taking place over a confined waterway presents certain safety
hazards requiring additional safety measures. This safety zone is
needed to protect fireworks display spectators, and other mariners from
those safety hazards. Delaying or foregoing this safety measure would
be contrary to the public interest.
Additionally, this display has been advertised to the local
community and while the application for this event was not timely
submitted, we understand that the local community has undertaken
considerable planning for this event. It would thus be impracticable
and unnecessary to reschedule or delay the planned event in order to
complete the full NPRM process. Rescheduling or delaying the event
would interfere with commercial and contractual obligations.
B. Basis and Purpose
The legal basis and authority 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; Pub. L. 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which authorizes
the Coast Guard to establish and define regulatory safety zones. The
Natchez Specialties New Year's Eve Firework Display is scheduled to
take place on December 31, 2014 on the Lower Mississippi River MM
364.0. The introduction of fireworks display into a commercially
transited waterway poses significant safety hazards to both the
operators and the commercial vessels.
The COTP Lower Mississippi River is establishing a temporary safety
zone for a portion of the Lower Mississippi River from MM 363.5 to MM
364.5 to safeguard persons and vessels, during the fireworks display.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, the temporary safety zone is deemed necessary for
the safeguard of life and property within the COTP Lower Mississippi
zone.
C. Discussion of the Final Rule
The Natchez Specialties New Year's Eve Firework Display is
scheduled to take place on December 31, 2014 on the Lower Mississippi
River at MM 364.0. The Coast Guard is establishing a temporary safety
zone to protect life and property from the hazards associated with a
fireworks display on a commercially transited waterway. This temporary
safety zone encompasses all waters of the Lower Mississippi River from
MM 363.5 to MM 364.5. This temporary safety zone is effective from:
7:30 p.m. to 8:00 p.m. on December 31, 2014. Entry into, transiting or
anchoring in the safety zone is prohibited unless specifically
authorized by the COTP Lower Mississippi River or a designated
representative. Requests for deviation from this restriction should be
directed to the COTP Lower Mississippi River or designated
representative. Deviation requests will be considered on a case-by-case
basis.
The COTP Lower Mississippi River may be contacted by telephone at
866-777-2784. The COTP Lower Mississippi River or a designated
representative will inform the public through broadcast notice to
mariners of changes in the effective period or planned schedule for
these restrictions.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or 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.
The temporary safety zone listed in this rule will only restrict
vessel traffic from entering, transiting, or anchoring within a small
portion of the Lower Mississippi River. The effect of this regulation
will not be significant for several reasons: (1) This rule will only
affect vessel traffic for a short duration; (2) vessels may request
permission from the COTP to deviate from the restriction and transit
through the safety zone; and (3) the impacts on routine navigation are
expected to be minimal because notifications to the marine community
will be made through local notice to mariners (LNM) and broadcast
notice to mariners (BNM). Therefore, these notifications will allow the
public to plan operations around the safety zone and its enforcement
times.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
[[Page 67067]]
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
may be small entities: the owners or operators of vessels intending to
transit the Lower Mississippi River from MM 363.5 to MM 364.5 effective
from 7:30 p.m. to 8:00 p.m. on December 31, 2014. This safety zone will
not have a significant economic impact on a substantial number of small
entities because this rule will only be in effect during scheduled
firework display times for approximately thirty minutes on the day the
event is occurring. Traffic in this area is limited to almost entirely
recreational vessels and commercial towing vessels. Notifications to
the marine community will be made through BNMs and electronic mail.
Notices of changes to the safety zone and scheduled effective times and
enforcement periods will also be made. Deviation from the restrictions
may be requested from the COTP or designated representative and will be
considered on a case-by-case basis.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone that is not expected to
have any environmental impact as described in NEPA. 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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 67068]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1
0
2. A new temporary Sec. 165.T08-0784 is added to read as follows:
Sec. 165.T08-0784 Safety Zone; Natchez Specialties New Year's Eve
Firework Display, Lower Mississippi River Mile Marker, (MM) 363.5 to
(MM) 364.5, Natchez, MS.
(a) Location. The following area is under a temporary safety zone:
waters of the Lower Mississippi River, from MM 363.5 to MM 364.5.
(b) Effective date and times. This rule will be effective from 7:30
p.m. to 8:00 p.m. on December 31, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port (COTP) Lower Mississippi River or
a designated representative.
(2) Spectator vessels may safely transit outside the safety zone at
a minimum safe speed, but may not anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or passage through the safety zone
must request permission from the COTP Lower Mississippi River or a
designated representative. They may be contacted on VHF-FM channels 16
or by telephone at (901) 521-4822.
(4) All vessels shall comply with the instructions of the COTP
Lower Mississippi River and designated personnel. Designated personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
(d) Informational Broadcasts. The Captain of the Port, Lower
Mississippi River or a designated representative will inform the public
through broadcast notices to mariners (BNM) of the effective period for
the safety zone and of any changes in the effective period, enforcement
times, or size of the safety zone.
Dated: October 31, 2014.
J.D. Burns,
Acting, Commander, U.S. Coast Guard, Acting Captain of the Port, Lower
Mississippi River.
[FR Doc. 2014-26753 Filed 11-10-14; 8:45 am]
BILLING CODE 9110-04-P
