Safety Zone; PUSH Beaver County/Beaver County Boom, Ohio River, Miles 25.2 to 25.6, Beaver, PA, 25964-25965 [2017-11620]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
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.
F. 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 (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 lasting five hours that will prohibit
entry from mile 846 to 847 on the UMR
on June 10, 2017. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A Record of
Environmental Consideration are
available in the docket where indicated
under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security Measures,
Waterways.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
sradovich on DSK3GMQ082PROD with RULES
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.
18:18 Jun 05, 2017
Jkt 241001
33 CFR Part 165
[Docket No. USCG–2017–0390]
1. The authority citation for part 165
continues to read as follows:
■
VerDate Sep<11>2014
Dated: May 31, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi.
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
2. Add § 165.T08–0300 to read as
follows:
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between miles
846 and 847, Minneapolis and St. Paul,
MN.
(b) Definitions. As used in this
section, a designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Upper Mississippi River
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16,
or through Coast Guard Sector Upper
Mississippi River at 314–269–2332.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Effective period. This section will
be effective from 10 a.m. to 3 p.m. on
June 10, 2017.
(e) Informational broadcasts. The
COTP 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 dates and
times of enforcement.
[FR Doc. 2017–11621 Filed 6–5–17; 8:45 am]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
§ 165.T08–0300 Safety Zone; Upper
Mississippi River, Minneapolis and St. Paul,
MN.
Safety Zone; PUSH Beaver County/
Beaver County Boom, Ohio River,
Miles 25.2 to 25.6, Beaver, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
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The Coast Guard will enforce
the subject safety zone for the PUSH
Beaver County/Beaver County Boom
Fireworks on the Ohio River. The zone
is needed to protect vessels transiting
the area and event spectators from the
hazards associated with the PUSH
Beaver County/Beaver County Boom
barge-based firework display. During the
enforcement period, entry into,
transiting, or anchoring in the safety
zone is prohibited to all vessels not
registered with the sponsor as
participants or official patrol vessels,
unless specifically authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
SUMMARY:
The regulations in Table 1 in 33
CFR 165.801, No. 45, will be enforced
from 8:30 p.m. until 10:30 p.m., on June
24, 2017.
DATES:
If
you have questions about this notice of
enforcement, call or email MST1
Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zone for
the annual PUSH Beaver County/Beaver
County Boom Fireworks listed in the
regulations in Table 1 in 33 CFR
165.801, No. 45, from 8:30 p.m. to 10:30
p.m. on June 24, 2017. The safety zone
extends the entire width of the Ohio
River from mile 25.2 to 25.6. The zone
is needed to protect vessels transiting
the area and event spectators from the
hazards associated with the PUSH
Beaver County/Beaver County Boom
barge-based firework display. Entry into
the safety zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. Persons or
vessels desiring to enter into or passage
through the safety zone must request
permission from the COTP or a
designated representative. If permission
is granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.801 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via Local Notice to Mariners
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
and updates via Marine Information
Broadcasts.
II. Background Information and
Regulatory History
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
The Captain of the Port Ohio Valley
(COTP) is establishing, amending, and
updating 33 CFR 165.801 to update our
regulations for annual fireworks
displays and other events in the Eighth
Coast Guard District requiring safety
zones with respect to those in Sector
Ohio Valley. These events include air
shows, fireworks displays, and other
marine related events requiring a
limited access area restricting vessel
traffic for safety purposes.
On March 30, 2017, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled, ‘‘Sector
Ohio Valley Annual and Recurring
Safety Zones Update’’ (82 FR 15666).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
those recurring safety zones. The public
comment period ended on May 1, 2017.
During the comment period, we did not
receive any comments.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register. It
would be impracticable to provide a full
30-days notice because this rule must be
effective June 03, 2017.
[FR Doc. 2017–11620 Filed 6–5–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0011]
RIN 1625–AA00
Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring
Safety Zones Update
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
and updating its safety zones
regulations that take place in the Coast
Guard Sector Ohio Valley area. This
informs the public of regularly
scheduled events that require additional
safety measures through the establishing
of a safety zone. Through this
rulemaking the current list of recurring
safety zones is updated with revisions,
additional events, and removal of events
that no longer take place in Sector Ohio
Valley’s AOR. When these safety zones
are enforced, certain restrictions are
placed on marine traffic in specified
areas.
SUMMARY:
DATES:
This rule is effective June 6,
2017.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0011 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer James Robinson,
Sector Ohio Valley, U.S. Coast Guard;
telephone (502) 779–5347, email
James.C.Robinson@uscg.mil.
SUPPLEMENTARY INFORMATION:
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ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
18:18 Jun 05, 2017
Jkt 241001
III. Legal Authority and Need for Rule
The Coast Guard’s authority for
establishing a safety zone is contained at
33 U.S.C. 1231. The Coast Guard is
amending and updating the safety zones
under 33 CFR part 165 to include the
most up to date list of recurring safety
zones for events held on or around
navigable waters within the Sector Ohio
Valley AOR. These events include
fireworks displays, air shows, and
others. The current list in 33 CFR
165.801 requires amending to provide
new information on existing safety
zones, include new safety zones
expected to recur annually or
biannually, and to remove safety zones
that are no longer required. Issuing
individual regulations for each new
safety zone, amendment, or removal of
an existing safety zone creates
unnecessary administrative costs and
burdens. This rulemaking reduces
administrative overhead and provides
the public with notice through
publication in the Federal Register of
the upcoming recurring safety zones.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
March 30, 2017. There are no changes
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25965
in the regulatory text of this rule from
the proposed rule on the NPRM.
This rule amends and updates part
165 or 33 CFR by revising the current
table for Sector Ohio Valley, and by
adding 5 new recurring safety zones and
removing 1 safety zone as desired in the
NPRM. Vessels intending to transit the
designated waterway through the safety
zone will only be allowed to transit the
area when the COTP, or a designated
representative, has deemed it safe to do
so or at the completion of the event.
V. 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 and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard expects the
economic impact of this rule to be
minimal, and therefore a full regulatory
evaluation is unnecessary. This rule
establishes safety zones limiting access
to certain areas under 33 CFR part 165
within Sector Ohio Valley’s AOR. The
effect of this rulemaking will not be
significant because these safety zones
are limited in scope and duration.
Additionally, the public is given
advance notification through local forms
of notice, the Federal Register, and/or
Notices of Enforcement and thus will be
able to plan around the safety zones in
advance. Broadcast Notices to Mariners
and Local Notices to Mariners will also
inform the community of these safety
zones. Vessel traffic may request
permission from the COTP or a
designated representative to enter the
restricted areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
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Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25964-25965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11620]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2017-0390]
Safety Zone; PUSH Beaver County/Beaver County Boom, Ohio River,
Miles 25.2 to 25.6, Beaver, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the subject safety zone for the
PUSH Beaver County/Beaver County Boom Fireworks on the Ohio River. The
zone is needed to protect vessels transiting the area and event
spectators from the hazards associated with the PUSH Beaver County/
Beaver County Boom barge-based firework display. During the enforcement
period, entry into, transiting, or anchoring in the safety zone is
prohibited to all vessels not registered with the sponsor as
participants or official patrol vessels, unless specifically authorized
by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative.
DATES: The regulations in Table 1 in 33 CFR 165.801, No. 45, will be
enforced from 8:30 p.m. until 10:30 p.m., on June 24, 2017.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email MST1 Jennifer Haggins, Marine
Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the annual PUSH Beaver County/Beaver County Boom Fireworks listed
in the regulations in Table 1 in 33 CFR 165.801, No. 45, from 8:30 p.m.
to 10:30 p.m. on June 24, 2017. The safety zone extends the entire
width of the Ohio River from mile 25.2 to 25.6. The zone is needed to
protect vessels transiting the area and event spectators from the
hazards associated with the PUSH Beaver County/Beaver County Boom
barge-based firework display. Entry into the safety zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative. Persons or vessels
desiring to enter into or passage through the safety zone must request
permission from the COTP or a designated representative. If permission
is granted, all persons and vessels shall comply with the instructions
of the COTP or designated representative.
This notice of enforcement is issued under authority of 33 CFR
165.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of these enforcement periods via
Local Notice to Mariners
[[Page 25965]]
and updates via Marine Information Broadcasts.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2017-11620 Filed 6-5-17; 8:45 am]
BILLING CODE 9110-04-P