Safety Zone; PUSH Beaver County/Beaver County Boom, Ohio River, Miles 25.2 to 25.6, Beaver, PA, 25964-25965 [2017-11620]

Download as PDF 25964 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: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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: E:\FR\FM\06JNR1.SGM 06JNR1 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: sradovich on DSK3GMQ082PROD with RULES 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06JNR1.SGM 06JNR1

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.

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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
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