Safety Zone; Santa Spectacular, Ohio River, Monongahela River, Allegheny River, Pittsburgh, PA, 57321-57322 [2018-24900]
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (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 rule involves a safety
zone lasting 1 hour that will prohibit
entry within 600 feet of a fireworks
barge. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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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.
16:25 Nov 14, 2018
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
(e) Enforcement period. This zone
will be enforced from 8:15 p.m. through
9:15 p.m. on November 14, 2018.
Dated: November 9, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–24978 Filed 11–14–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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.
Coast Guard
2. Add § 165.T05–0948 to read as
follows:
[Docket No. USCG–2018–0907]
■
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
VerDate Sep<11>2014
List of Subjects in 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:
§ 165.T05–0948 Safety Zone; Delaware
River; Camden, NJ; Fireworks Display.
(a) Location. The following area is a
safety zone: All waters of the Delaware
River within a 600-foot radius of the
fireworks barge, which will be anchored
in approximate position 39°56′20″ N
Latitude 075°08′08″ W Longitude. All
coordinates are based on Datum NAD
1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port, Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C 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;
and all persons and vessels in the safety
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
(2) To request permission to enter the
safety zone, contact the COTP or the
COTP’s representative on marine band
radio VHF–FM channel 16 (156.8 MHz)
or 215–271–4807.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during the enforcement
period.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
federal, state, and local agencies.
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57321
33 CFR Part 165
Safety Zone; Santa Spectacular, Ohio
River, Monongahela River, Allegheny
River, Pittsburgh, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Santa Spectacular
Fireworks to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio River, Monongahela River and
Allegheny River during this event. Our
regulation for marine events within the
Eighth Coast Guard District identifies
the regulated area for this event in
Pittsburgh, PA. During the enforcement
period, entry into this zone is prohibited
unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh or a
designated representative.
DATES: The regulations in 33 CFR
165.801, Table 1, Line 64 will be
enforced from 8 p.m. through 9:30 p.m.
on November 16, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
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 a temporary safety
zone for the Santa Spectacular
Fireworks Race in 33 CFR 165.801,
Table 1, titled ‘‘Sector Ohio Valley
Annual and Recurring Safety Zones,’’
line 64, from 8 p.m. through 9:30 p.m.
on November 16, 2018. This action is
being taken to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio River, Monongahela River and
Allegheny River during this event. Our
regulation for marine events within the
Eighth Coast Guard District, § 165.801
SUMMARY:
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57322
Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
specifies the location of the regulated
area for the Santa Spectacular
Fireworks. Entry into the regulated area
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 pass through
the regulated area must request
permission from the COTP or a
designated representative. They can be
reached on VHF FM channel 16. If
permission is granted, all persons and
vessels shall comply with the
instructions of the COTP or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of enforcement.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–24900 Filed 11–14–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0849]
RIN 1625–AA00
Safety Zone; The Gut, South Bristol,
ME
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters within a 50 yard
radius from the center point of The Gut
Bridge in South Bristol, ME between
Rutherford Island and Bristol Neck. The
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created during bedrock removal
operations. When enforced, this
regulation prohibits entry of vessels or
persons into the safety zone unless
authorized by the Captain of the Port
Northern New England or a designated
representative.
DATES: This rule is effective without
actual notice from November 15, 2018
through March 31, 2019. For the
purposes of enforcement, actual notice
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SUMMARY:
VerDate Sep<11>2014
16:25 Nov 14, 2018
Jkt 247001
will be used from November 8, 2018
through November 15, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0849 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 LT Matthew Odom, Waterways
Management Division, U.S. Coast Guard
Sector Northern New England,
telephone 207–347–5015, email
Matthew.T.Odom@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEDOT Maine Department of
Transportation
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On August 21, 2018, the Maine
Department of Transportation (MEDOT)
notified the Coast Guard that it will be
removing bedrock in the areas between
Rutherford Island and Bristol Neck
underneath The Gut Bridge. The
removal operations include removing
bedrock from between the bridge
abutments and areas near the navigation
channel both upstream and downstream
of The Gut Bridge. To remove the
bedrock workers will need to utilize the
waterway underneath the bridge span
and prohibit people and vessels from
entering the safety zone at various
times. Removal operations are expected
to take place between 8 November 2018
and 31 March 2019. However, we only
anticipate a continuous 35 day full
closure of the waterway. The COTP
Northern New England has determined
that the potential hazards associated
with the removal operations will be a
safety concern for anyone transiting
within a 50-yard radius of the center
point of The Gut Bridge.
In response, on September 27, 2018,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zone; The Gut, South Bristol,
ME’’ (83 FR 48748). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
the comment period that ended on
October 29, 2018, we received no
comments.
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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. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with bedrock removal
operations near The Gut Bridge which
are scheduled to commence on
November 8, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP Northern New England has
determined that potential hazards
associated with the bedrock removal
operations will be a safety concern for
anyone transiting within a 50-yard
radius of the center point of the bridge.
The purpose of this rule is to ensure the
safety of vessels and personnel within a
50-yard radius of the center point of The
Gut Bridge before, during, and after the
bedrock removal operations.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
September 27, 2018. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
from 12:01 a.m. on November 8, 2018 to
11:59 on March 31, 2019. While the
safety zone would be effective
throughout this period, it would only be
enforced during periods of active
bedrock removal operations. The safety
zone would include all navigable waters
from surface to bottom within a 50 yard
radius from the center point of The Gut
Bridge between Rutherford Island and
Bristol Neck in South Bristol, ME.
During times of enforcement, no vessel
or person would be permitted to enter
the safety zone without obtaining
permission from the COTP Northern
New England or a designated
representative. The Coast Guard will
notify the public and local mariners of
this safety zone through appropriate
means, which may include, but are not
limited to, publication in the Federal
Register, the Local Notice to Mariners,
and Broadcast Notice to Mariners via
marine Channel 16 (VHF–FM) in
advance of any enforcement.
IV. 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
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Agencies
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57321-57322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24900]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0907]
Safety Zone; Santa Spectacular, Ohio River, Monongahela River,
Allegheny River, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone for the Santa
Spectacular Fireworks to provide for the safety of persons, vessels,
and the marine environment on the navigable waters of the Ohio River,
Monongahela River and Allegheny River during this event. Our regulation
for marine events within the Eighth Coast Guard District identifies the
regulated area for this event in Pittsburgh, PA. During the enforcement
period, entry into this zone is prohibited unless authorized by the
Captain of the Port Marine Safety Unit Pittsburgh or a designated
representative.
DATES: The regulations in 33 CFR 165.801, Table 1, Line 64 will be
enforced from 8 p.m. through 9:30 p.m. on November 16, 2018.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Petty Officer Jennifer Haggins,
Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-
0807, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary
safety zone for the Santa Spectacular Fireworks Race in 33 CFR 165.801,
Table 1, titled ``Sector Ohio Valley Annual and Recurring Safety
Zones,'' line 64, from 8 p.m. through 9:30 p.m. on November 16, 2018.
This action is being taken to provide for the safety of persons,
vessels, and the marine environment on the navigable waters of the Ohio
River, Monongahela River and Allegheny River during this event. Our
regulation for marine events within the Eighth Coast Guard District,
Sec. 165.801
[[Page 57322]]
specifies the location of the regulated area for the Santa Spectacular
Fireworks. Entry into the regulated area 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 pass through the regulated area must request permission
from the COTP or a designated representative. They can be reached on
VHF FM channel 16. If permission is granted, all persons and vessels
shall comply with the instructions of the COTP or designated
representative.
In addition to this notice of enforcement in the Federal Register,
the COTP or a designated representative will inform the public through
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins (MSIBs), and/or through other means
of public notice as appropriate at least 24 hours in advance of
enforcement.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-24900 Filed 11-14-18; 8:45 am]
BILLING CODE 9110-04-P