Safety Zone; The Southside Outside, Allegheny River, Mile Marker, 0-0.25, Monongahela River, Mile Marker, 0-3.09, 30008-30011 [2015-12553]
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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering or
transiting through the regulated areas
unless authorized by the Captain of the
Port Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter or transit through the regulated
areas may contact the Captain of the
Port Charleston by telephone at (843)
740–7050, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter or transit through
the regulated areas is granted by the
Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective date. This rule is
effective on Saturday, September 26,
2015, and will be enforced from 12:00
p.m. until 6:00 p.m.
Dated: May 1, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2015–12634 Filed 5–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0123]
RIN 1625–AA00
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Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone
extending 200 feet from the left bank
Allegheny River Mile 0.0 to 0.25 and
extending 200 feet from the right bank
Monongahela River Mile 0.0 to 3.09
SUMMARY:
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Comments and related material
must be received by the Coast Guard on
or before June 10, 2015.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Jennifer Haggins, Marine
Safety Unit Pittsburgh Waterways
Management Division, U.S. Coast
Guard; telephone (412)221–0807, email
Jennifer.L.Haggins@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:
DATES:
Table of Acronyms
Safety Zone; The Southside Outside,
Allegheny River, Mile Marker, 0–0.25,
Monongahela River, Mile Marker, 0–
3.09
ACTION:
from 8:00 a.m. to 11:00 a.m. September
5, 2015. A safety zone will also be
established extending 300 feet from the
left bank Monongahela River Mile 2.32
to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. This safety zone is
needed to protect persons and vessels
from the potential safety hazards
associated with a paddle board marine
event. Entry into this zone will be
prohibited to all vessels, mariners, and
persons unless specifically authorized
by the Captain of the Port (COTP),
Pittsburgh or a designated
representative.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
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www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2015–0123] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0123) 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.
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3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
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B. Regulatory History and Information
The Coast Guard has a long history
working with local, state, and federal
agencies in areas to improve emergency
response, to prepare for events that call
for swift action, and to protect our
nation. The Coast Guard is proposing to
establish this safety zone on the waters
of the Allegheny and Monongahela
Rivers in Pittsburgh, Pennsylvania for
the Southside Outside Paddleboard
Marine Event. The marine event is
scheduled to take place from 8:00 a.m.
to 4:00 p.m. on September 5, 2015. This
proposed rule is necessary to protect the
safety of the participants, spectators,
commercial traffic, and the general
public on the navigable waters of the
United States during the event.
C. Basis and Purpose
The legal basis and authorities for this
proposed 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, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones. The
purpose of this proposed safety zone is
to protect public boaters and their
vessels from potential safety hazards
associated with the Paddleboard marine
event on the Allegheny and
Monongahela Rivers, Pittsburgh,
Pennsylvania.
D. Discussion of Proposed Rule
This proposed rule is necessary to
establish a Safety Zone that will
encompass certain waters of the
Allegheny and Monongahela Rivers in
Pittsburgh, Pennsylvania. The proposed
Safety Zone regulations would be
enforced from approximately 8:00 a.m.
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to 4:00 p.m. for approximately 8 hours
on September 5, 2015. As proposed, the
Safety Zone would extend 200 feet from
the left bank of the Allegheny River
Mile 0.0 to 0.25 and extend 200 feet
from the right bank of the Monongahela
River Mile 0.0 to 3.09 from 8:00 a.m. to
11:00 a.m. September 5, 2015. A safety
zone is also proposed to extend 300 feet
from the left bank of the Monongahela
River Mile 2.32 to 3.09 from 11:00 a.m.
to 4:00 p.m. September 5, 2015. All
persons and vessels, except those
persons and vessels participating in the
paddleboard marine event and those
vessels enforcing the areas, would be
prohibited from entering, transiting
through, anchoring in, or remaining
within the proposed safety zone areas.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
enforcement areas by contacting the
Captain of the Port Pittsburgh by
telephone at (412) 221–0807, or a
designated representative via VHF radio
on channel 16. If authorization to enter,
transit through, anchor in, or remain
within the enforcement areas is granted
by the Captain of the Port Pittsburgh or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Pittsburgh or a
designated representative.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 proposed rule will only restrict
vessel traffic from entering, transiting,
or anchoring within a small portion of
the Allegheny and Monongahela Rivers.
The effect of this proposed regulation
will not be significant for several
reasons: (1) this rule will not affect
vessel traffic; (2) the impacts on routine
navigation are expected to be minimal
because notifications to the marine
community will be made through local
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notice to mariners (LNM) and broadcast
notice to mariners (BNM). Therefore,
these notifications will allow the public
to plan operations around the proposed
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.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule will affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to transit
the Allegheny River from mile 0 to mile
0.25 and Monongahela River mile 0 to
mile 3.09 effective from 8:00 a.m. to
4:00 p.m. on September 5, 2015. This
proposed safety zone will not have a
significant economic impact on a
substantial number of small entities
because this proposed rule will not
impede navigational traffic. 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 proposed
safety zone and scheduled effective
times and enforcement periods will also
be made. Deviation from the proposed
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 proposed 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
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listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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8. Taking of Private Property
This proposed rule would 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 proposed 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.
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10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves establishing temporary
safety zones. Safety Zone extending 200
feet from the left bank Allegheny River
Mile 0.0 to 0.25 and extending 200 feet
from the right bank Monongahela River
Mile 0.0 to 3.09 from 8:00 a.m. to 11:00
a.m. September 5, 2015. A safety zone
will also be established extending 300
feet from the left bank Monongahela
River Mile 2.32 to 3.09 from 11:00 a.m.
to 4:00 p.m. September 5, 2015. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A preliminary
environmental analysis checklist
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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
proposed 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 proposes to
amend 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;
Department of Homeland Security Delegation
No. 0170.1.
2. A new temporary § 165.T08–0123 is
added to read as follows:
■
§ 165.T08–0123 Safety Zone, The
Southside Outside; Allegheny River, Mile
0.0 to 0.25, Monongahela River, Mile 0–3.09.
(a) Location. The following areas are
temporary safety zones:
(1) All waters extending 200 feet from
the left bank of the Allegheny River
Mile 0.0 to 0.25 and extending 200 feet
from the right bank of the Monongahela
River mile 0.0 to 3.09; and
(2) All waters extending 300 feet from
the left bank of the Monongahela River
mile 2.32 to 3.09.
(b) Effective date and times. The
safety zone listed in paragraph (a)(1) of
this section is effective from 8:00 a.m.
to 11:00 a.m. on September 5, 2015. The
safety zone listed in paragraph (a)(2) of
this section is effective from 11:00 a.m.
to 4:00 p.m. on September 5, 2015.
(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
COTP Pittsburgh or a designated
representative.
(2) Spectator vessels may safely
transit outside the safety zones 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 zones must
request permission from the COTP
Pittsburgh or a designated
representative. They may be contacted
by telephone at (412) 412–0807.
(3) All vessels shall comply with the
instructions of the COTP Pittsburgh and
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designated personnel. Designated
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(d) Information broadcasts. The COTP
Pittsburgh 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
planned schedule.
Dated: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
Privacy Note: The Department’s policy is
to make all comments received from
members of the public available for public
viewing in their entirety on the Federal
eRulemaking Portal at www.regulations.gov.
Therefore, commenters should be careful to
include in their comments only information
that they wish to make publicly available.
[FR Doc. 2015–12553 Filed 5–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
FOR FURTHER INFORMATION CONTACT:
34 CFR Chapter III
[Docket ID ED–2015–OSERS–0035]
Proposed Priority—Rehabilitation
Training: Institute on Rehabilitation
Issues
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
[CFDA Number: 84.264C.]
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority to establish
a topical Institute on Rehabilitation
Issues (IRI). The Assistant Secretary may
use this priority for competitions in
fiscal year (FY) 2015 and later years. We
take this action to provide training and
technical assistance (TA) to improve the
capacity of State Vocational
Rehabilitation (VR) agencies and their
partners to equip individuals with
disabilities with the skills and
competencies necessary to help them
obtain competitive integrated
employment.
SUMMARY:
We must receive your comments
on or before June 25, 2015.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
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DATES:
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instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery:
If you mail or deliver your comments
about these proposed regulations,
address them to Kristen RhinehartFernandez, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5027, Potomac Center Plaza
(PCP), Washington, DC 20202–2800.
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Kristen Rhinehart-Fernandez.
Telephone: (202) 245–6103 or by email:
Kristen.Rhinehart@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding this
notice. To ensure that your comments
have maximum effect in developing the
notice of final priority, we urge you to
identify clearly the specific section of
the proposed priority that each
comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from this proposed priority.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about these proposed regulations by
accessing Regulations.gov. You may also
inspect the comments in person in
Room 5042, 550 12th Street SW., PCP,
Washington, DC 20202–2800, between
the hours of 8:30 a.m. and 4:00 p.m.,
Washington, DC time, Monday through
Friday of each week except Federal
holidays. Please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
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30011
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: Under the
Rehabilitation Act of 1973, as amended
(the Rehabilitation Act), the
Rehabilitation Services Administration
(RSA) makes grants to States and public
or nonprofit agencies and organizations
(including institutions of higher
education) to support projects that
provide training, traineeships, and TA
designed to increase the numbers of,
and improve the skills of, qualified
personnel (especially rehabilitation
counselors) who are trained to: Provide
vocational, medical, social, and
psychological rehabilitation services to
individuals with disabilities; assist
individuals with communication and
related disorders; and provide other
services authorized under the
Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34
CFR part 385.
Proposed Priority: This notice
contains one proposed priority.
Institute on Rehabilitation Issues.
Background: For more than 55 years,
the Institute on Rehabilitation Issues
(IRI) has been a national forum for
discussing the important challenges
facing the State VR Services Program.
The IRI has also developed publications
for use in training and TA for VR
counselors, consumers, administrators,
and other partners in the VR process. IRI
publications have provided a unique
perspective on emerging issues and
promising practices in VR and are
widely used by counselors and
supervisors, human resource
development (HRD) specialists,
community-based rehabilitation service
providers, administrators, researchers,
and education and policy analysts (The
George Washington University and
University of Arkansas CURRENTS,
2015).
The Workforce Innovation and
Opportunity Act of 2014 (WIOA) places
a greater emphasis on incorporating jobdriven training approaches into the VR
service delivery system and on
increasing employment outcomes for
individuals with disabilities. One of
these approaches includes working with
employers to create on-the-job training
opportunities that are responsive to the
needs of employers and that provide
individuals with skills that they need to
obtain competitive integrated
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]]>Agencies
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Proposed Rules]
[Pages 30008-30011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12553]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0123]
RIN 1625-AA00
Safety Zone; The Southside Outside, Allegheny River, Mile Marker,
0-0.25, Monongahela River, Mile Marker, 0-3.09
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone extending 200 feet from the left bank Allegheny River Mile 0.0 to
0.25 and extending 200 feet from the right bank Monongahela River Mile
0.0 to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety
zone will also be established extending 300 feet from the left bank
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. This safety zone is needed to protect persons and
vessels from the potential safety hazards associated with a paddle
board marine event. Entry into this zone will be prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP), Pittsburgh or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 10, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh
Waterways Management Division, U.S. Coast Guard; telephone (412)221-
0807, email Jennifer.L.Haggins@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
SAR Search and Rescue
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2015-0123] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2015-0123) 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.
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3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard has a long history working with local, state, and
federal agencies in areas to improve emergency response, to prepare for
events that call for swift action, and to protect our nation. The Coast
Guard is proposing to establish this safety zone on the waters of the
Allegheny and Monongahela Rivers in Pittsburgh, Pennsylvania for the
Southside Outside Paddleboard Marine Event. The marine event is
scheduled to take place from 8:00 a.m. to 4:00 p.m. on September 5,
2015. This proposed rule is necessary to protect the safety of the
participants, spectators, commercial traffic, and the general public on
the navigable waters of the United States during the event.
C. Basis and Purpose
The legal basis and authorities for this proposed 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, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this proposed safety
zone is to protect public boaters and their vessels from potential
safety hazards associated with the Paddleboard marine event on the
Allegheny and Monongahela Rivers, Pittsburgh, Pennsylvania.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a Safety Zone that
will encompass certain waters of the Allegheny and Monongahela Rivers
in Pittsburgh, Pennsylvania. The proposed Safety Zone regulations would
be enforced from approximately 8:00 a.m. to 4:00 p.m. for approximately
8 hours on September 5, 2015. As proposed, the Safety Zone would extend
200 feet from the left bank of the Allegheny River Mile 0.0 to 0.25 and
extend 200 feet from the right bank of the Monongahela River Mile 0.0
to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety zone
is also proposed to extend 300 feet from the left bank of the
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. All persons and vessels, except those persons and
vessels participating in the paddleboard marine event and those vessels
enforcing the areas, would be prohibited from entering, transiting
through, anchoring in, or remaining within the proposed safety zone
areas.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port Pittsburgh by telephone at (412)
221-0807, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the enforcement areas is granted by the Captain of the Port Pittsburgh
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Pittsburgh or a designated representative.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 proposed rule will only restrict vessel traffic
from entering, transiting, or anchoring within a small portion of the
Allegheny and Monongahela Rivers. The effect of this proposed
regulation will not be significant for several reasons: (1) this rule
will not affect vessel traffic; (2) 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 proposed 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit the Allegheny River from mile 0 to mile 0.25 and
Monongahela River mile 0 to mile 3.09 effective from 8:00 a.m. to 4:00
p.m. on September 5, 2015. This proposed safety zone will not have a
significant economic impact on a substantial number of small entities
because this proposed rule will not impede navigational traffic.
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 proposed safety zone and scheduled effective times and enforcement
periods will also be made. Deviation from the proposed 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 proposed 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
[[Page 30010]]
listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard
will not retaliate against small entities that question or complain
about this proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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
made a preliminary determination 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 proposed rule involves
establishing temporary safety zones. Safety Zone extending 200 feet
from the left bank Allegheny River Mile 0.0 to 0.25 and extending 200
feet from the right bank Monongahela River Mile 0.0 to 3.09 from 8:00
a.m. to 11:00 a.m. September 5, 2015. A safety zone will also be
established extending 300 feet from the left bank Monongahela River
Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m. September 5, 2015. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
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
proposed 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 proposes
to amend 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; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-0123 is added to read as follows:
Sec. 165.T08-0123 Safety Zone, The Southside Outside; Allegheny
River, Mile 0.0 to 0.25, Monongahela River, Mile 0-3.09.
(a) Location. The following areas are temporary safety zones:
(1) All waters extending 200 feet from the left bank of the
Allegheny River Mile 0.0 to 0.25 and extending 200 feet from the right
bank of the Monongahela River mile 0.0 to 3.09; and
(2) All waters extending 300 feet from the left bank of the
Monongahela River mile 2.32 to 3.09.
(b) Effective date and times. The safety zone listed in paragraph
(a)(1) of this section is effective from 8:00 a.m. to 11:00 a.m. on
September 5, 2015. The safety zone listed in paragraph (a)(2) of this
section is effective from 11:00 a.m. to 4:00 p.m. on September 5, 2015.
(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 COTP Pittsburgh or a designated representative.
(2) Spectator vessels may safely transit outside the safety zones
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
zones must request permission from the COTP Pittsburgh or a designated
representative. They may be contacted by telephone at (412) 412-0807.
(3) All vessels shall comply with the instructions of the COTP
Pittsburgh and
[[Page 30011]]
designated personnel. Designated personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard.
(d) Information broadcasts. The COTP Pittsburgh 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 planned schedule.
Dated: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-12553 Filed 5-22-15; 8:45 am]
BILLING CODE 9110-04-P
