Safety Zone; Tuscaloosa Regional Air Show; Black Warrior River; Tuscaloosa, AL, 13241-13244 [2015-05744]
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry for April–June 2015, as set forth
below, is added to the table.
*
■
4. The authority citation for part 4044
continues to read as follows:
■
*
*
*
*
The values of it are:
For valuation dates occurring in the month—
it
*
*
*
April–June 2015 ................................................................
Issued in Washington, DC, on this 6th day
of March 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
[FR Doc. 2015–05780 Filed 3–12–15; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0966]
Drawbridge Operation Regulation;
Mokelumne River, East Isleton, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the California
Department of Transportation highway
drawbridge across the Mokelumne
River, mile 3.0, at East Isleton, CA. The
deviation is necessary to allow the
bridge owner to perform structural
repair work to the bridge. This deviation
allows the bridge to remain in the
closed-to-navigation position during the
deviation period.
DATES: This deviation is effective
without actual notice from March 13,
2015 through 10 p.m. on May 29, 2015.
For the purposes of enforcement, actual
notice will be used from 5 a.m. on
March 2, 2015, until March 13, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2014–0966], is
available at 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 deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
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SUMMARY:
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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
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: California
Department of Transportation has
requested a temporary change to the
operation of the California Department
of Transportation highway drawbridge
across the Mokelumne River, mile 3.0,
at East Isleton, CA. The drawbridge
navigation span provides approximately
7 feet vertical clearance above Mean
High Water in the closed-to-navigation
position. In accordance with 33 CFR
117.175(a), the draw opens on signal
from November 1 through April 30 from
9 a.m. to 5 p.m.; and from May 1
through October 31 from 6 a.m. to 10
p.m., except that during the following
periods the draw need only open for
recreational vessels on the hour, 20
minutes past the hour, and 40 minutes
past the hour: Saturdays, 10 a.m. until
2 p.m.; Sundays, 11 a.m. until 6 p.m.;
and Memorial Day, Fourth of July and
Labor Day 11 a.m. until 6 p.m. At all
other times the drawbridge shall open
on signal if at least 4 hours notice is
given. Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the
closed-to-navigation position from 5
a.m. on March 2, 2015 to 10 p.m. on
May 29, 2015, due to replacement of
bridge deck and rehabilitation of the
bridge control house. This temporary
deviation has been coordinated with the
waterway users. Caltrans work plan and
dates have been tailored to produce the
least possible impacts to waterway
traffic, land traffic, businesses and
potential flood response plans, while
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allowing the work to be performed, to
ensure dependable future operation of
the drawbridge. Vessels able to pass
through the drawbridge in the closed
position may do so at any time. The
drawbridge will not be able to open for
emergencies. Alternative paths for
recreational vessel traffic are available
via Little Potato Slough and Georgiana
Slough. Alternative paths for land traffic
are also available. The Coast Guard will
inform waterway users of this temporary
deviation via our Local and Broadcast
Notices to Mariners, to minimize
resulting navigational impacts.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 27, 2015.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2015–05745 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0076]
RIN 1625–AA00
Safety Zone; Tuscaloosa Regional Air
Show; Black Warrior River;
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 in Tuscaloosa, AL. This
action is necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
SUMMARY:
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
navigable waters during the Tuscaloosa
Regional Air Show. Entry into or
transiting in this zone is prohibited to
all vessels, mariners, and persons unless
specifically authorized by the Captain of
the Port Mobile or a designated
representative.
DATES: This rule is effective on March
26–29, 2015, from 11:30 a.m. until 5
p.m. each day.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0076. 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:
Table of Acronyms
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APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FAA Federal Aviation Administration
FR Federal Register
LNM Local Notice to Mariners
NEPA National Environmental Policy Act
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)(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 the
Coast Guard did not receive the
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necessary information from The City of
Tuscaloosa of their intentions to
conduct an air show on March 26–29,
2015 over a portion of the Black Warrior
River, in Tuscaloosa, AL until January
29, 2015. The City of Tuscaloosa
informed Coast Guard Sector Mobile
that a Federal Aviation Administration
(FAA) rule prohibits all vessel traffic
and persons within the exclusion area
where the air craft will be flying
overhead and therefore, requested a
safety zone to keep all vessels out of the
exclusion area that crosses over the
Black Warrior River. As a result, the
Coast Guard did not have sufficient time
to publish an NPRM and to receive
public comments prior to the event. Any
delay in the effective date of this rule
would be contrary to public interest
because immediate action is needed to
protect persons and vessels from the
safety hazards associated with the
planned event. Additionally, delaying
the safety zone for the NPRM process
would unnecessarily interfere with the
Tuscaloosa Regional Air Show flight
schedule, compliance with federal
regulations enforced by the FAA, and
potential contractual obligations.
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.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Department of
Homeland Security Delegation No.
0170.1, 1 which collectively authorize
the Coast Guard to propose, establish,
and define regulatory safety zones.
The City of Tuscaloosa plans to
conduct an air show for the public, over
a portion of the Black Warrior River in
Tuscaloosa, AL on March, 26–29, 2015
between the hours of 11:30 a.m. and 5
p.m. each day.
The hazards associated with the air
show poses safety hazards to both
vessels and mariners while airplanes fly
over the Black Warrior River, in
Tuscaloosa, AL. The (Captain of the
Port) COTP Mobile is establishing a
temporary safety zone encompassing the
waters of the Black Warrior River
between Mile Marker (MM) 335.8 to
MM 336.3, in Tuscaloosa, AL, to protect
persons and vessels, during the air
show.
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.
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C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone encompassing the
waters of the Black Warrior River
between MM 335.8 to MM 336.3, in
Tuscaloosa, AL. This temporary rule
will protect the safety of life and
property in this area. Entry into or
transiting in this zone is prohibited to
all vessels, mariners, and persons unless
specifically authorized by the COTP
Mobile or a designated representative.
The COTP may be contacted by
telephone at 251–441–5976.
The COTP Mobile or a designated
representative will inform the public
through broadcast notice to mariners
(BNM) of changes in the effective period
for the safety zone. This rule will be
enforced from March 26–29, 2015 at
11:30 a.m. until 5 p.m. each day.
BNMs will be used to inform
waterway users of the exact enforcement
times and any changes in this safety
zone or its enforcement prior to the
Tuscaloosa Regional Air Show.
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 safety zone listed in this rule will
restrict vessel traffic from entering or
transiting in a small portion of the Black
Warrior River, in Tuscaloosa, AL. 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 transit
through the safety zone; and (3) impacts
on routine navigation are expected to be
minimal. Notifications to the marine
community will be made through
BNMs. These notifications will allow
the public to plan operations around the
affected area.
2. Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
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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.
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 in the
affected portions of the Black Warrior
River during the Tuscaloosa Regional
Air Show. This safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons. The zone is
limited in size, is of short duration and
vessel traffic may request permission
from the COTP Mobile or a designated
representative to enter or transit through
the zone.
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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).
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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
have determined that it 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 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,
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13243
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 which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone on a waterway during the
Tuscaloosa Regional Air Show and is
not expected to result in any significant
adverse 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 will
be made 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 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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add temporary § 165.T08–0076 to
read as follows:
■
§ 165.T08–0076 Safety Zone; Tuscaloosa
Regional Air Show; Black Warrior River;
Tuscaloosa, AL.
(a) Location. The following area is a
safety zone: all waters encompassing the
waters of the Black Warrior River
between MM 335.8 to MM 336.3, in
Tuscaloosa, AL.
(b) Effective dates and enforcement
period. This rule is effective on March
26–29, 2015, from 11:30 a.m. until 5:00
p.m. each day.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Mobile or a
designated representative.
(2) Persons or vessels desiring to enter
into or passage through the zone must
request permission from the Captain of
the Port Mobile or a designated
representative. They may be contacted
on VHF–FM channels 16 or by
telephone at 251–441–5976.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the Captain of the
Port Mobile or designated
representative.
(d) Informational broadcasts. The
Captain of the Port Mobile or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the safety zone or the planned
schedule.
Dated: February 2, 2015.
S. Walker,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2015–05744 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG–2015–0130]
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RIN 1625–AA00
Safety Zone; St. Patrick’s Day
Fireworks, Manitowoc River,
Manitowoc, Wisconsin
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
SUMMARY:
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Manitowoc River in Manitowoc,
Wisconsin. This safety zone is intended
to restrict vessels from a portion of the
Manitowoc River due to a fireworks
display. This safety zone is necessary to
protect the surrounding public and
vessels from the hazards associated with
the fireworks display.
DATES: This rule is effective and will be
enforced from 6 p.m. until 8:30 p.m. on
March 13, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0130. 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, 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
On December 24, 2014, the Coast
Guard published an NPRM in the
Federal Register which listed safety
zones corresponding to annual marine
events in the Sector Lake Michigan zone
(79 FR 77415). This NPRM included the
safety zone for the St. Patrick’s Day
Fireworks in Manitowoc, WI (the
subject of this TFR). After the 30 day
comment period for the NPRM closed,
the Coast Guard published a
corresponding Final Rule on February
18, 2015 (80 FR 8536).
Because the Manitowoc St. Patrick’s
Day Fireworks would occur within 30
days of the Final Rule’s publication, the
Coast Guard finds that good cause exists
under 5 U.S.C. 553(d)(3), for making this
rule effective less than 30 days after
publication in the Federal Register.
Waiting for a 30 day notice period to
run would be impracticable,
unnecessary, and contrary to the public
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interest because it would inhibit the
Coast Guard’s ability to protect vessels
from the hazards associated with the
Manitowoc St. Patrick’s Day Fireworks
on March 13, 2015, which are discussed
further below.
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.
On March 13, 2015, the City of
Manitowoc is expected to hold its
annual St. Patrick’s Day fireworks
display. This fireworks display will be
launched from the shore of the
Manitowoc River. The Captain of the
Port Lake Michigan has determined that
this fireworks display will pose a
significant risk to public safety and
property. Such hazards include falling
and/or flaming debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Lake
Michigan has determined that this
safety zone is necessary to ensure the
safety of persons and vessels during the
fireworks display on the shore of the
Manitowoc River. This zone is effective
and will be enforced from 6 p.m. until
8:30 p.m. on March 13, 2015. The safety
zone will encompass all waters of the
Manitowoc River within a 200 foot
radius of an approximate launch
position at 44°05.492′ N, 087°39.332′ 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
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]]>Agencies
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13241-13244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05744]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0076]
RIN 1625-AA00
Safety Zone; Tuscaloosa Regional Air Show; Black Warrior River;
Tuscaloosa, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the waters of the Black Warrior River in Tuscaloosa, AL.
This action is necessary for the safeguard of participants and
spectators, including all crews, vessels, and persons on
[[Page 13242]]
navigable waters during the Tuscaloosa Regional Air Show. Entry into or
transiting in this zone is prohibited to all vessels, mariners, and
persons unless specifically authorized by the Captain of the Port
Mobile or a designated representative.
DATES: This rule is effective on March 26-29, 2015, from 11:30 a.m.
until 5 p.m. each day.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0076. 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:
Table of Acronyms
APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FAA Federal Aviation Administration
FR Federal Register
LNM Local Notice to Mariners
NEPA National Environmental Policy Act
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)(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 the Coast Guard did not
receive the necessary information from The City of Tuscaloosa of their
intentions to conduct an air show on March 26-29, 2015 over a portion
of the Black Warrior River, in Tuscaloosa, AL until January 29, 2015.
The City of Tuscaloosa informed Coast Guard Sector Mobile that a
Federal Aviation Administration (FAA) rule prohibits all vessel traffic
and persons within the exclusion area where the air craft will be
flying overhead and therefore, requested a safety zone to keep all
vessels out of the exclusion area that crosses over the Black Warrior
River. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the event. Any
delay in the effective date of this rule would be contrary to public
interest because immediate action is needed to protect persons and
vessels from the safety hazards associated with the planned event.
Additionally, delaying the safety zone for the NPRM process would
unnecessarily interfere with the Tuscaloosa Regional Air Show flight
schedule, compliance with federal regulations enforced by the FAA, and
potential contractual obligations.
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.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1, 1 which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
The City of Tuscaloosa plans to conduct an air show for the public,
over a portion of the Black Warrior River in Tuscaloosa, AL on March,
26-29, 2015 between the hours of 11:30 a.m. and 5 p.m. each day.
The hazards associated with the air show poses safety hazards to
both vessels and mariners while airplanes fly over the Black Warrior
River, in Tuscaloosa, AL. The (Captain of the Port) COTP Mobile is
establishing a temporary safety zone encompassing the waters of the
Black Warrior River between Mile Marker (MM) 335.8 to MM 336.3, in
Tuscaloosa, AL, to protect persons and vessels, during the air show.
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 the Black Warrior River between MM 335.8 to
MM 336.3, in Tuscaloosa, AL. This temporary rule will protect the
safety of life and property in this area. Entry into or transiting in
this zone is prohibited to all vessels, mariners, and persons unless
specifically authorized by the COTP Mobile or a designated
representative. The COTP may be contacted by telephone at 251-441-5976.
The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners (BNM) of changes in the
effective period for the safety zone. This rule will be enforced from
March 26-29, 2015 at 11:30 a.m. until 5 p.m. each day.
BNMs will be used to inform waterway users of the exact enforcement
times and any changes in this safety zone or its enforcement prior to
the Tuscaloosa Regional Air Show.
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 safety zone listed in this rule will restrict vessel traffic
from entering or transiting in a small portion of the Black Warrior
River, in Tuscaloosa, AL. 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 transit through the safety zone; and (3) impacts on routine
navigation are expected to be minimal. Notifications to the marine
community will be made through BNMs. These notifications will allow the
public to plan operations around the affected area.
2. Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 13243]]
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. 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 in the affected portions of the Black Warrior
River during the Tuscaloosa Regional Air Show. This safety zone will
not have a significant economic impact on a substantial number of small
entities for the following reasons. The zone is limited in size, is of
short duration and vessel traffic may request permission from the COTP
Mobile or a designated representative to enter or transit through the
zone.
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 have
determined that it 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 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 which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone on a waterway during the
Tuscaloosa Regional Air Show and is not expected to result in any
significant adverse 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 will be made 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5;
[[Page 13244]]
Department of Homeland Security Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T08-0076 to read as follows:
Sec. 165.T08-0076 Safety Zone; Tuscaloosa Regional Air Show; Black
Warrior River; Tuscaloosa, AL.
(a) Location. The following area is a safety zone: all waters
encompassing the waters of the Black Warrior River between MM 335.8 to
MM 336.3, in Tuscaloosa, AL.
(b) Effective dates and enforcement period. This rule is effective
on March 26-29, 2015, from 11:30 a.m. until 5:00 p.m. each day.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at 251-441-5976.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port Mobile or designated
representative.
(d) Informational broadcasts. The Captain of the Port Mobile or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the safety zone or the planned schedule.
Dated: February 2, 2015.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2015-05744 Filed 3-12-15; 8:45 am]
BILLING CODE 9110-04-P
