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USCG-2023-0292-0004 | Notice | 2023-12-29T05:00:00 | National Chemical Transportation Safety Advisory Committee; January 2024 Meeting |
[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90192-90193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0292]
National Chemical Transportation Safety Advisory Committee;
January 2024 Meeting
AGENCY: United States Coast Guard, Department of Homeland Security.
ACTION: Notice of open Federal advisory committee meeting.
-----------------------------------------------------------------------
SUMMARY: The National Chemical Transportation Safety Advisory Committee
(Committee) will conduct a series of subcommittee meetings over two
days in League City, TX, and a full committee meeting in Texas City, TX
to discuss matters relating to the safe and secure marine
transportation of hazardous materials. The subcommittee meetings will
also be available by videoconference for those unable to attend in
person, however the full committee meeting will be held in person only.
All meetings will be open to the public.
DATES:
Meetings: National Chemical Transportation Safety Advisory
Committee subcommittees will meet on Tuesday, January 30 and Wednesday,
January 31, 2024, from 9 a.m. to 5 p.m. Central Standard Time (CST)
each day. The full Committee will meet on Thursday, February 1, 2024,
from 9 a.m. until 5 p.m. CST. Please note these meetings may close
early if the Committee has completed its business.
Comments and supporting documents: To ensure your comments are
reviewed by Committee members before the meeting, submit your written
comments no later than January 16, 2024.
ADDRESSES: The subcommittee meetings will be held at INEOS Oligomers
USA, 2600 South Shore Boulevard, Suite 400, League City, TX 77573, and
the full committee meeting will be held at U.S. Coast Guard Marine
Safety Unit Texas City, 3101 FM 2004, Texas City, TX 77591.
Pre-registration Information: Pre-registration is required for in-
person access to the meeting or to attend the subcommittee meetings by
videoconference. Public attendees will be required to pre-register no
later than noon Eastern Standard Time on January 16, 2024, to be
admitted to the meeting. In-person attendance may be capped due to
limited space in the meeting venue, and registration will be on a
first-come-first-served basis. To pre-register, contact Lieutenant
Ethan Beard at [email protected]. You will be asked to provide
your name, telephone number, email, company, or group with which you
are affiliated (for subcommittee meetings only), and whether you wish
to attend virtually or in person; if a foreign national, also provide
your country of citizenship, passport country, country of residence,
place of birth, passport number, and passport expiration date.
The National Chemical Transportation Safety Advisory Committee is
committed to ensuring all participants have equal access regardless of
disability status. If you require reasonable accommodation due to a
disability to fully participate, please email Lieutenant Ethan Beard at
[email protected] or call 202-372-1419 as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the meetings as time permits, but if you want
Committee members to review your comment before the meetings, please
submit your comments no later than January 16, 2024. We are
particularly interested in comments on the topics in the ``Agenda''
section below. We encourage you to submit comments through the Federal
Decision
[[Page 90193]]
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0292 in the search box and click
``Search''. Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If your material
cannot be submitted using https://www.regulations.gov, contact the
individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
USCG-2023-0292. We do not redact personal information from comments
which are posted at https://www.regulations.gov, so any personal
information provided in a comment posted will be viewable by the
public. You may wish to review the Privacy and Security Notice found
via a link on the homepage of https://www.regulations.gov, and DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020). If
you encounter technical difficulties with comment submission, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.
FOR FURTHER INFORMATION CONTACT: Lieutenant Ethan T. Beard, Alternate
Designated Federal Officer of the National Chemical Transportation
Safety Advisory Committee, telephone 202-372-1419, or email
[email protected].
SUPPLEMENTARY INFORMATION: Notice of the meeting of the National
Chemical Transportation Safety Advisory Committee is in compliance with
the Federal Advisory Committee Act, (Pub. L. 117-286, 5. U.S.C. ch.
10). The Committee is authorized by section 601 of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Pub. L. 115-282, 132 Stat. 4192)
and is codified in 46 U.S.C. 15101. The Committee operates under the
provisions of the Federal Advisory Committee Act and 46 U.S.C. 15109.
The Committee provides advice and recommendations to the Secretary of
Homeland Security through the Commandant of the U.S. Coast Guard on
matters related to the safe and secure marine transportation of
hazardous materials. The subcommittees listed in the agenda below were
established specifically to address open task statements and will be
closed upon issuance of final report.
Agenda
Tuesday, January 30, 2024
Two subcommittees will meet to discuss the following task
statements:
9 a.m.-noon CST
Task Statement 22-03: Recommendations on Testing Requirements for
Anti-Flashback Burners for Vapor Control Systems.
1:30 p.m.-5 p.m. CST
Task Statement 21-01: Recommendations on Loading Limits of Gas
Carriers and USCG Supplement to International Hazardous Zone
Requirements.
Wednesday, January 31, 2024
Two subcommittees will meet to discuss the following task
statements:
9 a.m.-noon CST
Task Statement 22-01: Recommendations to Support Reductions to
Emissions and Environmental Impacts Associated with Marine Transport of
Chemicals, Liquefied Gases and Liquefied Natural Gas (LNG).
1:30 p.m.-5 p.m. CST
Task Statement 22-02: Recommendations on Industry Best Practices
and Regulatory Updates Related to the Maritime Transportation of
Lithium Batteries.
The task statements and other subcommittee information are located
at Homeport at the following address: https://homeport.uscg.mil/missions/federal-advisory-committees/national-chemical-transportation-safety-advisory-committee-(nctsac)/task-statements. The agenda for the
discussion of each task statement will include the following:
(1) Introduction and review subcommittee task statement.
(2) Public comment period.
(3) Subcommittee discussion and preparation of any proposed
recommendations for the full Committee meeting on February 1, 2024.
(4) Adjournment of meeting.
Thursday, February 1, 2024
The agenda for the National Chemical Transportation Safety Advisory
Committee meeting on Thursday, February 1, 2024 is as follows:
(1) Call to order.
(2) Roll call and determination of quorum.
(3) Remarks from U.S. Coast Guard leadership.
(4) Chairman and Designated Federal Officer's remarks.
(5) Acceptance of June 15, 2023 meeting minutes and status of task
items.
(6) Committee will review, discuss, and formulate recommendations
on the following items:
a. Task Statement 21-01: Recommendations on Loading Limits of Gas
Carriers and U.S. Coast Guard Supplement to International Hazardous
Zone Requirements;
b. Task Statement 22-01: Recommendations to Support Reductions to
Emissions and Environmental Impacts Associated with Marine Transport of
Chemicals, Liquefied Gases and Liquefied Natural Gas (LNG);
c. Task Statement 22-02: Recommendations on Industry Best Practices
and Regulatory Updates Related to the Maritime Transportation of
Lithium Batteries;
d. Task Statement 22-03: Recommendations on Testing Requirements
for Anti-Flashback Burners for Vapor Control Systems.
(7) Subcommittee recommendation discussion.
(8) Presentation of Task Statement 23-01: Recommendations to Update
CG-ENG Policy Letter 02-15.
(9) Task statement tracking discussion.
(10) Public comment period.
(11) Set next meeting date and location.
(12) Adjournment of meeting.
A copy of all meeting documentation will be available at: https://homeportr.uscg.mil/missions/federal-advisory-committees/national-chemical-transportation-safety-advisory-committee-(nctsac)/committee-
meetings no later than January 24, 2024. Alternatively, you may contact
Lieutenant Ethan Beard as noted in the FOR FURTHER INFORMATION CONTACT
section above.
Public comments or questions will be taken throughout the meetings
as the Committee discusses the issues and prior to deliberations and
voting. There will be a final public comment period at the end of
meetings. Speakers are requested to limit their comments to two
minutes. Contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section above, to register as a speaker.
Dated: December 22, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-28753 Filed 12-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.912028 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0292-0004/content.htm"
} |
USCG-2023-0293-0001 | Notice | 2023-05-09T04:00:00 | Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0066 | [Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29918-29919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09848]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0293]
Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0066
AGENCY: Coast Guard, DHS.
ACTION: Sixty-day notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0066,
Vessel and Facility Response Plans (Domestic and Int'l), and Additional
Response Requirements for Prince William Sound; without change. Our ICR
describes the information we seek to collect from the public. Before
submitting this ICR to OIRA, the Coast Guard is inviting comments as
described below.
DATES: Comments must reach the Coast Guard on or before July 10, 2023.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0293] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King, Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.
FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone 202-475-3528, or fax 202-372-8405, for questions
on these documents.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2023-0293], and
must be received by July 10, 2023.
Submitting Comments
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
[[Page 29919]]
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Information Collection Request
Title: Vessel and Facility Response Plans (Domestic and Int'l), and
Additional Response Requirements for Prince William Sound.
OMB Control Number: 1625-0066.
Summary: The Oil Pollution Act of 1990 (OPA 90) required the
development of Vessel and Facility Response Plans to minimize the
impact of oil spills. OPA 90 also required additional response
requirements for Prince William Sound. Shipboard Oil Pollution
Emergency Plans and Shipboard Marine Pollution Emergency Plans are
required of other vessels to minimize impacts of oil spills.
Need: This information is needed to ensure that vessels and
facilities are prepared to respond in event of a spill incident. The
information is reviewed by the Coast Guard to assess the effectiveness
of the response plan.
Forms: N/A.
Respondents: Owners and operators of vessels and facilities.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden remains 88,381 hours a
year.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: May 4, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-09848 Filed 5-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.912911 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0293-0001/content.htm"
} |
USCG-2023-0293-0003 | Notice | 2023-08-29T04:00:00 | Collection of Information Under Review by Office of Management and Budget |
[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59526-59527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18599]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0293]
Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0066
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Thirty-day notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0066,
Vessel and Facility Response Plans (Domestic and Int'l), and Additional
Response Requirements for Prince William Sound; without change.
Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.
DATES: You may submit comments to the Coast Guard and OIRA on or before
September 28, 2023.
ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2023-0293]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave SE, Stop 7710, Washington,
DC 20593-7710.
FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone 202-475-3528, or fax 202-372-8405, for questions
on these documents.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2023-0293], and must be received by September
28, 2023.
Submitting Comments
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0066.
Previous Request for Comments
This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (88 FR 29918, May 9, 2023)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.
[[Page 59527]]
Information Collection Request
Title: Vessel and Facility Response Plans (Domestic and Int'l), and
Additional Response Requirements for Prince William Sound.
OMB Control Number: 1625-0066.
Summary: The Oil Pollution Act of 1990 (OPA 90) required the
development of Vessel and Facility Response Plans to minimize the
impact of oil spills. OPA 90 also required additional response
requirements for Prince William Sound. Shipboard Oil Pollution
Emergency Plans and Shipboard Marine Pollution Emergency Plans are
required of other vessels to minimize impacts of oil spills.
Need: This information is needed to ensure that vessels and
facilities are prepared to respond in event of a spill incident. The
information is reviewed by the Coast Guard to assess the effectiveness
of the response plan.
Forms: N/A.
Respondents: Owners and operators of vessels and facilities.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden remains 88,381 hours a
year.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. et seq.,
chapter 35, as amended.
Dated: August 3, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-18599 Filed 8-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.913952 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0293-0003/content.htm"
} |
USCG-2023-0294-0001 | Notice | 2023-05-09T04:00:00 | Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0100 | [Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Page 29921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09850]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0294]
Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0100
AGENCY: Coast Guard, DHS.
ACTION: Sixty-day notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0100,
Advanced Notice of Vessel Arrival; without change. Our ICR describes
the information we seek to collect from the public. Before submitting
this ICR to OIRA, the Coast Guard is inviting comments as described
below.
DATES: Comments must reach the Coast Guard on or before July 10, 2023.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0294] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King, Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.
FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone 202-475-3528, or fax 202-372-8405, for questions
on these documents.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2023-0294], and
must be received by July 10, 2023.
Submitting Comments
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Information Collection Request
Title: Advanced Notice of Vessel Arrival.
OMB Control Number: 1625-0100.
Summary: The statute 46 U.S.C. 70001 authorizes the Coast Guard to
require pre-arrival messages from any vessel entering a port or place
in the United States.
Need: This information is required under 33 CFR 146 and 33 CFR 160
subpart C to control vessel traffic, develop contingency plans, and
enforce regulations.
Forms: None.
Respondents: Owners and operators of vessels and facilities.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden has increased from
104,560 hours to 202,021 hours a year; due to an increase in the
estimated annual number of responses.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: May 4, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-09850 Filed 5-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.914887 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0294-0001/content.htm"
} |
USCG-2023-0294-0003 | Notice | 2023-08-29T04:00:00 | Collection of Information Under Review by Office of Management and Budget |
[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59527-59528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18597]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0294]
Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0100
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Thirty-day notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0100,
Advanced Notice of Vessel Arrival; without change.
Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.
DATES: You may submit comments to the Coast Guard and OIRA on or before
September 28, 2023.
ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2023-0294]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave SE, Stop 7710, Washington,
DC 20593-7710.
FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone 202-475-3528, or fax 202-372-8405, for questions
on these documents.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2023-0294], and must be received by September
28, 2023.
Submitting Comments
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0100.
Previous Request for Comments
This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (88 FR 29921, May 9, 2022)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.
Information Collection Request
Title: Advance Notice of Vessel Arrival.
OMB Control Number: 1625-0100.
[[Page 59528]]
Summary: The statute 46 U.S.C. 70001 authorizes the Coast Guard to
require pre-arrival messages from any vessel entering a port or place
in the United States.
Need: This information is required under 33 CFR 146 and 33 CFR 160
subpart C to control vessel traffic, develop contingency plans, and
enforce regulations.
Forms: None.
Respondents: Owners and operators of vessels and facilities.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden has increased from
104,560 hours to 202,021 hours a year; due to an increase in the
estimated annual number of responses.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: August 3, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-18597 Filed 8-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.915917 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0294-0003/content.htm"
} |
USCG-2023-0295-0001 | Notice | 2023-05-09T04:00:00 | Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0079 | [Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29919-29920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09849]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0295]
Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0079
AGENCY: Coast Guard, DHS.
ACTION: Sixty-day notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0079,
Standards of Training, Certification and Watchkeeping for Seafarers
(STCW), International Convention; without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.
DATES: Comments must reach the Coast Guard on or before July 10, 2023.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0295] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King, Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.
FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone 202-475-3528, or fax 202-372-8405, for questions
on these documents.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2023-0295], and
must be received by July 10, 2023.
Submitting Comments
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Information Collection Request
Title: Standards of Training, Certification and Watchkeeping for
Seafarers (STCW), International Convention.
OMB Control Number: 1625-0079.
Summary: This information is necessary to ensure compliance with
the international requirements of the STCW Convention, and to maintain
an acceptable level of quality in activities associated with training
and assessment of merchant mariners.
Need: 46 U.S.C. Chapter 71 authorizes the Coast Guard to issue
regulations related to licensing of merchant mariners. These
regulations are contained in 46 CFR chapter I, subchapter B.
Forms: None.
[[Page 29920]]
Respondents: Owners and operators of vessels, training
institutions, and mariners.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden has decreased from
29,234 hours to 23,200 hours a year, due to a decrease in the estimated
annual number of respondents.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: May 4, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-09849 Filed 5-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.916670 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0295-0001/content.htm"
} |
USCG-2023-0295-0003 | Notice | 2023-08-29T04:00:00 | Collection of Information Under Review by Office of Management and Budget |
[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59529-59530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18598]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0295]
Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0079
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Thirty-day notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0079,
Standards of Training, Certification and Watchkeeping for Seafarers
(STCW), International Convention; without change.
Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.
DATES: You may submit comments to the Coast Guard and OIRA on or before
September 28, 2023.
ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2023-0295]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave SE, Stop 7710, Washington,
DC 20593-7710.
FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone 202-475-3528, or fax 202-372-8405, for questions
on these documents.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2023-0295], and must be received by September
28, 2023.
Submitting Comments
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0079.
Previous Request for Comments
This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (88 FR 29919, May 9, 2023)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.
Information Collection Request
Title: Standards of Training, Certification and Watchkeeping for
[[Page 59530]]
Seafarers (STCW), International Convention.
OMB Control Number: 1625-0079.
Summary: This information is necessary to ensure compliance with
the international requirements of the STCW Convention, and to maintain
an acceptable level of quality in activities associated with training
and assessment of merchant mariners.
Need: 46 U.S.C. chapter 71 authorizes the Coast Guard to issue
regulations related to licensing of merchant mariners. These
regulations are contained in 46 CFR chapter I, subchapter B.
Forms: None.
Respondents: Owners and operators of vessels, training
institutions, and mariners.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden has decreased from
29,234 hours to 23,200 hours a year, due to a decrease in the estimated
annual number of respondents.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. et seq.,
chapter 35, as amended.
Dated: August 3, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-18598 Filed 8-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.917805 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0295-0003/content.htm"
} |
USCG-2023-0296-0001 | Notice | 2023-05-12T04:00:00 | National Maritime Security Advisory Committee; June 2023 Virtual Meeting | [Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30780-30781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10156]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0296]
National Maritime Security Advisory Committee; June 2023 Virtual
Meeting
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of federal advisory committee virtual meeting.
-----------------------------------------------------------------------
SUMMARY: The National Maritime Security Advisory Committee (Committee)
will meet virtually to review and discuss matters relating to national
maritime security, including enhancing the sharing of information
related to cybersecurity risks that may cause a transportation security
incident, between relevant Federal agencies and State, local, and
tribal governments; relevant public safety and emergency response
agencies; relevant law enforcement and security organizations; maritime
industry; port owners and operators, and; terminal owners and
operators. The virtual meeting will be open to the public.
DATES:
Meeting: The Committee will meet virtually on Monday, June 5, 2023,
from 1 p.m. until 2:30 p.m. Eastern Daylight Time (EDT). The virtual
meeting may close early if all business is finished.
Comments and supporting documentation: To ensure your comments are
received by Committee members before the virtual meeting, submit your
written comments no later than June 1, 2023.
ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. EDT on June 1, 2023,
to obtain the needed information. The number of virtual lines are
limited and will be available on a first-come, first-served basis.
Pre-registration information: Pre-registration is required for
attending the virtual meeting. You must request attendance by
contacting the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this notice. You will receive a response with attendance
instructions.
The National Maritime Security Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodations due to a disability to
fully participate, please email Mr. Ryan Owens at [email protected]
or call (202) 302-6565 as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the meeting as time permits, but if you want
Committee members to review your comment before the meeting, please
submit your comments no later than June 1, 2023. We are particularly
interested in comments on the topics in the ``Agenda'' section below.
We encourage you to submit comments through Federal eRulemaking Portal
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. You must include the docket number [USCG-2023-0296].
Comments received will be posted without alteration at https://www.regulations.gov including any personal information provided. You
may wish to view the Privacy and Security Notice and the User Notice,
which are both available on the homepage of https://
[[Page 30781]]
www.regulations.gov and DHS's eRulemaking System of Records notice (85
FR 14226, March 11, 2020). If you encounter technical difficulties with
comment submission, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov, and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, Alternate Designated
Federal Officer of the National Maritime Security Advisory Committee,
2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593, Stop 7581,
Washington, DC 20593-7581; telephone 202-302-6565 or email at
[email protected].
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act, (Pub. L. 117-286, 5 U.S.C., ch.
10). The Committee was established on December 4, 2018, by Sec. 601 of
the Frank LoBiondo Coast Guard Authorization Act of 2018, Public Law
115-282, 132 Stat. 4190, and is codified in 46 U.S.C. 70112. The
Committee operates under the provisions of the Federal Advisory
Committee Act and 46 U.S.C. 15109. The National Maritime Security
Advisory Committee provides advice, consults with, and makes
recommendations to the Secretary of Homeland Security, via the
Commandant of the Coast Guard, on matters relating to national maritime
security.
Agenda
The agenda for the National Maritime Security Advisory Committee
meeting is as follows:
Monday, June 5, 2023
(1) Call to Order.
(2) Introduction.
(3) Designated Federal Official Remarks.
(4) Roll call of Committee members and determination of quorum.
(5) Remarks from Committee Leadership.
(6) Discussion of Tasks. The Committee will provide a final report
of recommendations on the following task:
a. Task T-2021-2: Provide input to support further development of
the Maritime Cyber Risk Assessment Model.
(7) Public Comment Period.
(8) Adjournment of Meeting.
A copy of all meeting documentation will be available at https://homeport.uscg.mil/NMSAC no later than June 1, 2023. Alternatively, you
may contact Mr. Ryan Owens as noted in the FOR FURTHER INFORMATION
section above.
There will be a public comment period at the end of meeting.
Speakers are requested to limit their comments to 3 minutes. Please
note that the public comment period may end before the period allotted,
following the last call for comments. Please contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section above to register
as a speaker.
Dated: May 8, 2023.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2023-10156 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.918506 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0296-0001/content.htm"
} |
USCG-2023-0297-0001 | Notice | 2023-11-28T05:00:00 | Area Maritime Security Advisory Committee (AMSC) Sector Puget Sound |
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Page 83144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26153]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number USCG-2023-0297]
Area Maritime Security Advisory Committee (AMSC) Sector Puget
Sound
AGENCY: Coast Guard, DHS.
ACTION: Solicitation for membership.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard requests individuals interested in serving on
the Area Maritime Security Advisory Committee (AMSC), Sector Puget
Sound submit their applications for membership to the U.S. Coast Guard
Captain of the Port Sector Puget Sound (COTP). The Advisory Committee
assists the COTP as the Federal Maritime Security Coordinator, Sector
Puget Sound, in developing, reviewing, and updating the Area Maritime
Security Plan for their area of responsibility.
DATES: Requests for membership should reach the U.S. Coast Guard COTP
Sector Puget Sound by December 21st, 2023.
ADDRESSES: Applications for membership should be submitted to the COTP
at the following address: Attn: Emergency Management Force Readiness
Department c/o Nicole Metzke, U.S. Coast Guard Sector Puget Sound, 1519
Alaskan Way S, Building 4, Seattle, WA 98134.
FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application, or about the Puget Sound AMSC in general, contact Ms.
Nicole Metzke, (206) 217-6694, [email protected].
SUPPLEMENTARY INFORMATION:
I. Basis and Purpose
Section 102 of the Maritime Transportation Security Act (MTSA) of
2002 (Pub. L. 107-295, 116 Stat. 2064) added section 70112 of Title 46
of the U.S. Code and authorized the Secretary of the Department in
which the Coast Guard is operating to establish Area Maritime Security
Advisory Committees for any port area of the United States. (See 33
U.S.C. 1226; 46 U.S.C. 70112; 33 CFR 1.05-1, 6.01; DHS Delegation No.
00170.1(II)(71), Revision No. 01.3. The Puget Sound AMSC Advisory
Committee shall assist the Federal Maritime Security Coordinator in the
development, review, update, and exercising of the Area Maritime
Security Plan for their area of responsibility. Such matters may
include, but are not limited to, the following:
(1) Identifying critical port infrastructure and operations;
Identifying risks (threats, vulnerabilities, and consequences).
(2) Determining mitigation strategies and implementation methods.
(3) Developing strategies to facilitate the recovery of the MTS
after a Transportation Security Incident.
(4) Developing and describing the process to continually evaluate
overall port security by considering consequences and vulnerabilities,
how they may change over time, and what additional mitigation
strategies can be applied.
(5) Providing advice to and assisting the Federal Maritime Security
Coordinator in developing and maintaining the Area Maritime Security
Plan.
(6) Working together with other AMSC Federal Agency Observers and
Other Agency Participants, as well as maritime community members and
port security professionals to improve the overall maritime security of
the greater Puget Sound area.
II. AMSC Membership
The Puget Sound AMSC Advisory Committee has approximately 15
vacancies for appointed members. We are seeking to fill appointed
member vacancies with this solicitation. Applicants may be required to
pass an appropriate security background check prior to appointment to
the committee. Applicants must register with and remain active as a
Coast Guard Homeport user if appointed. Terms of office will be for
five years; however, a member is eligible to serve additional terms of
office. Members should have at least five years of experience related
to maritime or port security operations. Members will not receive any
salary or other compensation for their service on the Puget Sound AMSC
Advisory Committee.
In accordance with 33 CFR 103, members may be selected from
Federal, Territorial, or Tribal governments; State government and
political subdivisions of the State; local public safety, crisis
management, and emergency response agencies; law enforcement and
security organizations; maritime industry, including labor; other port
partners having a special competence in maritime security; and port
partners affected by security practices and policies.
The Coast Guard does not discriminate in selecting committee
members on the basis of race, color, religion, sex, national origin,
political affiliation, sexual orientation, gender identity, marital
status, disability, genetic information, age, membership in an employee
organization, or any other non-merit factor. The Coast Guard strives to
achieve a widely diverse candidate pool for all its recruitment
actions.
III. Request for Applications
Those seeking membership are not required to submit formal
applications to the local COTP. However, because we do have an
obligation to ensure that a specific number of members have the
prerequisite maritime security experience, we encourage the submission
of resumes highlighting experience in the maritime and security
industries.
Dated: November 21, 2023.
Mark A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port/Federal Maritime
Security Coordinator Puget Sound.
[FR Doc. 2023-26153 Filed 11-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.920709 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0297-0001/content.htm"
} |
USCG-2023-0305-0001 | Rule | 2023-11-14T05:00:00 | Multi-Year Certificate of Documentation for Recreational Vessel Owners |
[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 77896-77902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25024]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 67
[Docket No. USCG-2023-0305]
RIN 1625-AC87
Multi-Year Certificate of Documentation for Recreational Vessel
Owners
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is issuing a final rule for recreational
vessel owners to select a recreational vessel endorsement on a
Certificate of Documentation (COD) with a validity of 1, 2, 3, 4, or 5
years. Currently, our regulations require that a COD will be effective
for a 5-year period. Congress passed, and the President signed, the
self-executing National Defense Authorization Act of 2022 (2022 Act),
which directs the Coast Guard to issue recreational vessel CODs for 1,
2, 3, 4, or 5 years. By updating the Code of Federal Regulations (CFR)
to reflect this change, this final rule harmonizes the requirements of
the 2022 Act, aligns CFR text with current Coast Guard policy, and
provides vessel owners' statutorily directed option to select the
validity period of their COD that best suits their individual needs.
DATES: This final rule is effective December 14, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type USCG-2023-0305
in the search box, and click ``Search.'' Next, in the Document Type
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Ronald Teague, Department of Homeland Security, U.S.
Coast Guard, National Vessel Documentation Center, 792 T J Jackson
Drive, Falling Waters, WV 25419; telephone 304-271-2506, email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
2018 Act Frank LoBiondo Coast Guard Authorization Act of 2018
2021 final rule Certificate of Documentation--5 Year Renewal Fees
final rule
2022 Act National Defense Authorization Act for Fiscal Year 2022
CFR Code of Federal Regulations
COD Certificate of Documentation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NVDC National Vessel Documentation Center
OMB Office of Management and Budget
Sec. Section
SME Subject matter expert
U.S.C. United States Code
II. Basis and Purpose, and Regulatory History
The legal basis for this final rule is found in Section 3511 of the
National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-
81, 135 Stat. 2238) (2022 Act), which the President signed on December
27, 2021. The 2022 Act directed the Coast Guard to allow an owner of a
vessel with only a recreational endorsement to choose a Certificate of
Documentation (COD) validity period of 1, 2, 3, 4, or 5 years.
The Coast Guard finds that good cause exists under the
Administrative Procedure Act, Title 5 of the United States Code
(U.S.C.), Section 553, to issue a final rule and dispense with notice
and comment procedures. Prior notice and opportunity to comment on this
rule are unnecessary under 5 U.S.C. 553(b)(B) because Section 3511 of
the 2022 Act provides the Coast Guard no discretion in adopting the
specific timeframes for issuance or renewal of recreational vessel
CODs. Section 3511 of the 2022 Act does not allow for alternatives. It
does not permit the Coast Guard to decide upon a different timeframe
for renewal, choose to adopt a different renewal period, or respond to
public comments by modifying the substance of the rule. Therefore,
soliciting public comment on the correct time period for COD renewal
for a recreational vessel, or on the decision to update the regulations
to comport with the statutory mandate, is unnecessary. It should be
noted that the Coast Guard has already implemented the requirements of
Section 3511 of the
[[Page 77897]]
2022 Act and is presently issuing multi-year CODs to recreational
vessels of at least 5 net tons. In addition, this good cause applies to
formatting changes, for clarity, to the fee table in title 46 of the
Code of Federal Regulations (CFR) section 67.550. These changes have no
substantive effect on the public.
III. Background
Before 2019, the Coast Guard issued CODs for a validity period of 1
year only. Section 512 of the Frank LoBiondo Coast Guard Authorization
Act of 2018 (2018 Act) (Pub. L. 115-282, 132 Stat. 4275), codified at
46 U.S.C. 12105, specified that, in 2022, recreational vessels would be
issued CODs with a validity period of 5 years. The 2018 Act provided a
phase-in period, January 2019 through December 2021, during which
recreational vessel owners could select an effective period for CODs
for recreational vessels between 1 and 5 years.\1\ In January 2021, the
Coast Guard published a final rule titled ``Certificate of
Documentation--5 Year Renewal Fees'' (hereafter the ``2021 final
rule'') implementing those changes (86 FR 5022).\2\
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\1\ https://www.congress.gov/115/plaws/publ282/PLAW-115publ282.pdf (last visited 04/26/2023).
\2\ https://www.federalregister.gov/documents/2021/01/19/2021-00526/certificate-of-documentation-5-year-renewal-fees (last visited
04/26/2023).
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The purpose of this final rule is to meet the Congressional mandate
contained in Section 3511 of the 2022 Act, wherein Congress determined
that the Coast Guard shall allow the issuance of a recreational
endorsement on CODs with a validity period of 1, 2, 3, 4, or 5 years,
instead of the previously mandated period of 5 years.
IV. Discussion of the Rule
The 2022 Act authorizes the owner or operator of a recreational
vessel to choose a period of effectiveness between 1 and 5 years for a
certificate of documentation for a recreational vessel or the renewal
thereof. This rule will bring current Coast Guard regulations in line
with this self-executing provision of the 2022 Act. As discussed in
section III., Background, the 2018 Act created a multi-year COD phase-
in period in anticipation of moving to a 5-year-only validity period
for recreational vessel CODs. This 5-year-only COD validity period was
anticipated to go into effect on January 1, 2022. However, Congress
determined that preserving a multi-year choice of the validity period
was in the best interest of recreational vessel owners. As such, the
2022 Act was signed by the President in December 2021, and the 5-year-
only COD that was to go into effect on January 1, 2022, was never
implemented by the Coast Guard. Instead, the Coast Guard carried out
Congress' desire to continue to allow recreational vessel owners and
operators the ability to choose a 1-, 2-, 3-, 4-, or 5-year COD.
The Coast Guard made the public aware of this fact on the home page
of the website for the National Vessel Documentation Center (NVDC),
which processes vessel COD applications and renewals.\3\ Additionally,
the ability to select from multiple validity periods for recreational
vessel CODs is still present in NVDC instruction documentation,\4\ the
initial application form CG-1258,\5\ and the renewal form CG-1280.\6\
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\3\ https://www.dco.uscg.mil/Our-Organization/Deputy-for-Operations-Policy-and-Capabilities-DCO-D/National-Vessel-Documentation-Center/ (last visited 04/26/2023).
\4\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/COD%20RENEWAL.pdf (last visited 04/23/2023).
\5\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/CG-1258.pdf?ver=MPJjdit5LaS5B0_IFJv_1A%3d%3d (last visited 04/26/2023).
\6\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/CG-1280_Renewal_of_Certificate_Of_Documentation.pdf?ver=WPHaCWFat5gjwLZ4nFiplA%3d%3d (last visited 04/23/2023).
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Currently, 46 CFR 67.163(a) states that recreational endorsements
on a COD are valid for 5 years. In line with the 2022 Act, the Coast
Guard amends this section to reflect that recreational endorsements on
CODs can be valid for 1, 2, 3, 4, or 5 years. Additionally, the Coast
Guard is editing paragraph (c) of Sec. 67.163 to reflect that
recreational endorsements on CODs can be valid for 1, 2, 3, 4, or 5
years. This is necessary for continuity, given the references to this
section. The Coast Guard is also amending 46 CFR 67.163(b) to remove
the word ``original'', as ``original'' is not relevant when referring
to the CG-1280 Vessel Renewal Notification Application for Renewal.
Furthermore, the Coast Guard amends Sec. 67.317 to reflect that
recreational endorsements can be renewed for 1, 2, 3, 4, or 5 years.
This amendment is necessary to ensure consistency with regulatory text
in this section.
Lastly, the Coast Guard revises Table 1 to Sec. 67.550. As
recreational vessel CODs will continue to have a multi-year validity
period, this change is necessary to reflect both the 2022 Act and the
supporting regulatory text for this section. We deleted occurrences of
``through December 31, 2021'' as it references a phase-in period that
has passed. Other formatting updates include separating commercial and
recreational applications into two categories, moving notes to the end
of the table, adding dollar signs in the ``Fee'' column, and deleting
the ``Reference'' column as it is not used to calculate the fee
amounts. The revised table layout will make it easier to distinguish
application fees for commercial vessels from those for recreational
vessels. It will also match the table of fees available to the public
on NVDC's website. These changes are merely editorial in nature and
will not change fee amounts or make any other substantive changes.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to the rulemaking. Below we summarize our
analyses based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review) and 13563
(Improving Regulation and Regulatory Review), 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094. Accordingly, OMB has
not reviewed this regulatory action. A regulatory analysis follows.
Background
As discussed in section III., Background, the 2018 Act allowed for
a phase-in period of 1, 2, 3, 4, or 5 years for CODs, but would have
required strictly 5-year CODs as of January 1, 2022. However, in
December of 2021, Congress passed the 2022 Act, which instructed the
Coast Guard to amend the 2021 final rule to reflect a continuation of
multi-year issuance for recreational vessel CODs; this effectively
removed the strict 5-year COD requirement that was established under
the 2018 Act and was codified under the 2021 final rule.
[[Page 77898]]
The Coast Guard Authorization Act of 2018 and the 2021 Final Rule
As previously discussed, the 2018 Act and the 2021 final rule would
have provided COD holders with recreational endorsements the ability to
request or renew documentation on a multi-year basis between 2019 and
2021. Beginning in January of 2022, according to the 2021 final rule,
COD holders with recreational endorsements could have only requested or
renew documentation for a period of 5 years. To provide clarity and
assist in the discussion of the impacts of this final rule, a summary
of the economic impacts for the 2021 final rule follows:
Table 1--Applicability, Impact and Costs or Cost-Savings of the 2021
Final Rule
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Category Summary
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Applicability................ To reflect regulatory changes brought by
the 2018 Act (Pub. L. 115-282), which
directed the Coast Guard to change the
validity period of CODs for recreational
vessels to a 5-year option only, after a
3-year phase-in period, during which
vessel owners could choose 1, 2, 3, 4,
or 5 years.
Affected Population.......... 162,647 vessels.
Benefits..................... The restructuring of CODs from an annual
renewal to a 5-year renewal period would
have reduced industry's annual time
burden for submitting CODs applications.
In addition, the Government would have
benefited due to a reduction in the
number of applications processed
annually.
Cost savings (in 2022 Estimated annualized cost-savings of
dollars, 7% discount rate) *. about $5.9 million to Industry at 7-
percent discount rate.
Federal Government annualized cost-
savings of about $8.4 million at 7-
percent discount rate.
Total annualized cost-savings of about
$14.3 million.
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* Totals may not add due to rounding.
2022 Act
The primary purpose of this final rule is to harmonize 46 CFR part
67 with current statutory requirements under the 2022 Act, as it
pertains to recreational vessel owners who seek CODs on a multi-year
basis. In effect, this final rule continues the phase-in period
provision specified under the 2018 Act and the 2021 final rule, while
removing the 5-year-only COD requirement from the CFR. As such, the
impacts provided below are the result of the 2022 Act. We provide two
tables that capture the changes in the CFR and economic impacts from
the 2022 Act. Table 2 below presents the baseline matrix, which lists
the changes between this final rule and the current language under the
CFR, while table 5 summarizes the applicability, impact, costs or cost-
savings, and benefits associated to the 2022 Act.
Table 2--Baseline Matrix--Changes Between This Multiyear Final Rule and the 2021 Final Rule
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Subpart Description of change Type of change Economic impact
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67.163(a).............. Adds ``1, 2, 3, 4, or'' to Editorial....................... No economic impact.
the first paragraph (a).
67.163(b).............. Removes ``an original'' from Editorial....................... No economic impact.
the second paragraph (b).
67.163(c).............. Replaces ``A certificate of Editorial/Economic.............. An estimated cost-
documentation for a savings to the public
recreational vessel and the of $8.3 million
renewal of such a annually in 2022 U.S.
certificate shall be dollars, discounted at
effective for a 5-year 7-percent.
period. During the period
beginning January 1, 2019,
and ending December 31,
2021, the owner of a
recreational vessel may
choose a period of
effectiveness of 1, 2, 3,
4, or 5 years for such a
certificate of
documentation for such
vessel or the renewal
thereof'' with ``A
Certificate of
Documentation for a
recreational vessel and the
renewal of such a
certificate will be
effective for 1, 2, 3, 4,
or 5 years for such a
Certificate of
Documentation for such
vessel or the renewal
thereof''.
67.317(a).............. Replaces ``must'' with Editorial....................... No economic impact.
``can'' from the first
paragraph (a).
67.317(a).............. Adds ``for a period of '' Editorial....................... No economic impact.
within the first paragraph
(a).
67.317(a).............. Removes ``every'' from the Editorial....................... No economic impact.
first paragraph (a).
67.317(a).............. Adds ``for a period of 1, 2, Editorial....................... No economic impact.
3, 4, or'' to the first
paragraph (a).
67.550................. Table 1 to 67.550 replaced Editorial....................... No economic impact.
with revised version,
editorial changes only to
harmonize with Fee Table
from NVDC website.
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Final Rule Costs
The fundamental purpose of this final rule is to codify the 2022
Act; therefore, this final rule does not add any new costs to the
Government or the public, nor does it impose any new burden to either
entity.
Final Rule Benefits
By amending current language in the CFR to reflect the provisions
and requirements specified under the 2022 Act, the Coast Guard
harmonizes 46 CFR part 67 with the 2022 Act. Confusion regarding the
validity period for a recreational vessel COD will be eliminated, as
the CFR will accurately reflect the law and NVDC policy. See table 3
below for a summary of impacts of this final rule.
[[Page 77899]]
Table 3--Applicability, Impact and Costs or Cost-Savings of the 2022 Act
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Affected
Description population Costs Cost-savings Benefits
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The Coast Guard chooses to adopt 38,927 This final rule This final rule The harmonization
this final rule and continue to recreational will not impose will yield an in language
allow COD documentation for 1, vessels owners any new costs to estimated cost- between the CFR
2, 3, 4, or 5 years at vessel and operators of Government or the savings to the and the 2022 Act
owners' discretion. at least 5 net public. public of $8.3 eliminates
The CFR is amended to reflect tons who were million annually confusion among
current statutory language and issued or renewed in 2022 U.S. the public or any
practice. CODs for 5 years dollars, potentially
in 2022. discounted at 7%, affected entity.
by removing the 5-
year only COD
restriction.
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Affected Population
To determine the affected population for the 2022 Act and this
final rule, it is helpful to first understand the distribution of
multi-year CODs that vessel owners have been selecting. As noted in
section III., Background, the NVDC has continued to offer multi-year
COD expiration dates, which is in line with the 2022 Act. We obtained
data from the NVDC, which processes vessel COD applications and
renewals. As seen in table 4 below, this data consists of the number of
CODs issued each year from 2019 to 2022. Table 6 also displays the
validity period of CODs issued during this timeframe, ranging from 1,
2, 3, 4, or 5 years. For example, in 2019, the Coast Guard issued
165,599 recreational vessel CODs, of which the vast majority, 153,195,
were 1-year CODs, 6,447 were 2-year CODs, 1,398 were 3-year CODs, and
so on. We can use this information to track the pattern of consumer
choices regarding the multi-year COD options.
Table 4--Cross-Tabulation of Recreational Vessel CODs Issued by Year and Validity Period
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Total CODs 1 Year 2 Years 3 Years 4 Years 5 Years
Year issued validity validity validity validity validity
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2019.............................. 165,599 153,195 6,447 1,398 665 3,894
2020.............................. 163,771 148,491 7,497 1,617 632 5,534
2021.............................. 158,610 127,851 13,184 3,927 1,768 11,880
2022.............................. 143,944 81,776 6,942 2,398 2,021 50,807
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We note from table 4 that, as we progress from 2019 to 2022, the
number of 2,- 3,- and 4-year CODs remains relatively stable and only
accounts for a small percentage of total recreational vessel CODs
issued each year. We assume that vessel owners selected these duration
terms for their CODs because they determined that this was their best
and preferred choice. However, this trend does not hold for 1-year and
5-year CODs. We note that, from 2019 to 2022, the trend shifts
significantly away from 1-year CODs and increases significantly to 5-
year CODs. According to subject matter experts (SMEs), the nearly 5-
fold increase in CODs issued with a validity period of 5 years in 2022
can be attributed to 46 CFR 67.163, Renewal of endorsement, paragraph
(a), which states the COD validity period for recreational vessels to
be 5 years: ``Endorsements on Certificates of Documentation are valid
for 1 year, except for Recreational Endorsements on Certificates of
Documentation, which are valid for 5 years.''
The Coast Guard was mandated by the 2018 Act to implement a 5-year
COD for recreational vessel owners, followed by a 3-year, multi-year
COD phase-in period. The 2022 Act mandated that the Coast Guard
continue to offer the multi-year COD. Therefore, our estimated affected
population is calculated as the difference in CODs issued to
recreational vessel owners and operators in 2022 with a validity period
of 5 years, and the number of CODs issued in 2021 with the same
validity period, which totals 38,927 (50,807-11,880 = 38,927). This is
the estimate of recreational vessel owners who could transition off a
5-year validity period for recreational vessel CODs once this final
rule is implemented.
2022 Act Costs
The 2022 Act does not add any new cost to Government or the public.
None of the requirements of the 2022 Act imposes any additional
burdens. From a renewal standpoint, recreational vessel owners continue
to have the choice to renew on a multi-year basis at their discretion,
consistent with the 2018 Act. The Coast Guard is not amending user fees
associated with CODs and is continuing with the $26 fee per validity-
year for the COD as previously established.
2022 Act Cost-Savings
Although the NVDC has continued to process multi-year CODs, the
NVDC has been receiving complaints from vessel owners that private
companies have been sending out 5-year-only marketing notices, and that
those companies could process this documentation for an additional fee.
The NVDC has noted that these individuals assumed that this was their
only choice, as 46 CFR part 67 has not been updated to reflect current
NVDC practices. Customer have complained to the NVDC that outside
companies were charging them an additional fee to process the
documentation. The NVDC has noted that the average additional fee that
these companies charged has been approximately $212.\7\ These same
customer complaints to the NVDC stated that they only used the outside
companies because they were under the impression that they had no other
choice. We use this estimate, multiplied by the affected population
estimate above, to estimate the annual cost savings that recreational
vessel owners will incur as we expect these customers to now process
their documentation directly with NVDC.
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\7\ Estimate is based in review of complaints submitted by
vessel owners to the Better Business Bureau (BBB), https://www.bbb.org/us/ca/chino-hills/profile/ship-register/us-vessel-documentation-inc-1066-850028757/complaints, and information
provided by SME and the NVDC.
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Although the NVDC does not keep track of the number of COD renewals
requested by third-party companies on
[[Page 77900]]
behalf of individual vessel owners, based on extensive discussions with
SMEs, the Coast Guard believes that the vast majority of the estimated
affected population who renewed CODs with a 5-year validity period in
2022 did so primarily through the use of third-party firms, who, in
turn, directed customers to the CFR.
As shown in table 5, the economic impact of the 2022 Act is an
estimated annual cost-savings of approximately $8.3 million annually in
2022 U.S. dollars, discounted at 7-percent. This estimate is derived
from an estimated affected population of 38,927 recreational vessels
(of at least 5 net tons) owners, multiplied by the $212 fee.
Table 5--10-Years Undiscounted and Discounted Cost-Savings to the Public
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Undiscounted
Year cost-savings 7% Discount 3% Discount
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2022............................................................ $8,252,524 $7,712,639 $8,012,159
2023............................................................ 8,252,524 7,208,074 7,778,795
2024............................................................ 8,252,524 6,736,518 7,552,229
2025............................................................ 8,252,524 6,295,811 7,332,261
2026............................................................ 8,252,524 5,883,936 7,118,700
2027............................................................ 8,252,524 5,499,005 6,911,359
2028............................................................ 8,252,524 5,139,257 6,710,057
2029............................................................ 8,252,524 4,803,044 6,514,619
2030............................................................ 8,252,524 4,488,826 6,324,872
2031............................................................ 8,252,524 4,195,165 6,140,653
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Total....................................................... 82,525,240 57,962,275 70,395,704
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Annualized.................................................. .............. 8,252,524 8,252,524
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* Totals may not sum due to rounding.
2022 Act Benefits
The 2022 Act preserves consumer choice in selecting a COD-validity
timeframe, allowing vessel owners to maximize their welfare based on
their own individualized choice matrix. Finally, confusion regarding
the validity period for a recreational vessel COD will be eliminated,
as the CFR will accurately reflect the law and NVDC policy.
Alternatives
As stated in the Summary and regulatory text, the 2022 Act is a
legislatively mandated and self-executing law promulgated by Congress.
Hence, the Coast Guard does not have any discretionary action upon its
enactment. The Coast Guard is promulgating this final rule to ensure
that CFR regulations concur and comply with the 2022 Act. Therefore, no
alternatives were considered for this rulemaking.
B. Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612,
requires federal agencies to consider the potential impact on small
entities when they issue a rule after being required to first publish a
general notice of proposed rulemaking. Under 5 U.S.C. 604(a), a
regulatory flexibility analysis is not required for this final rule
under provision in 5 U.S.C. 553(b)(B), because Section 3511 of the 2022
Act provides the Coast Guard no discretion in adopting the specific
timeframes for renewal of recreational vessel CODs. We are not required
to publish a general notice of a proposed rulemaking; therefore, we did
not conduct a regulatory flexibility analysis for this rule.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this rule. The Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new or revised collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. The OMB
Control Number for the Coast Guard's Vessel Documentation collection is
1625-0027. As this final rule codifies current COD options for
recreational vessel owners, and we expect no change in the average
number of annual submissions, there is no change to the OMB-approved
collection.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), and any
other category in which Congress intended the Coast Guard to be
[[Page 77901]]
the sole source of a vessel's obligations, are within the field
foreclosed from regulation by the States. See United States v. Locke,
529 U.S. 89 (2000) (finding that the states are foreclosed from
regulating tank vessels); see also Ray v. Atlantic Richfield Co., 435
U.S. 151, 157 (1978) (State regulation is preempted where ``the scheme
of federal regulation may be so pervasive as to make reasonable the
inference that Congress left no room for the States to supplement it
[or where] the Act of Congress may touch a field in which the federal
interest is so dominant that the federal system will be assumed to
preclude enforcement of state laws on the same subject'' (citations
omitted)). This rule implements changes made by Congress to the
comprehensive federal vessel documentation requirements of 46 U.S.C.
Ch. 121, over which Congress clearly has granted the Coast Guard, via
delegation from the Secretary, exclusive authority. Therefore, because
the States may not regulate within these categories, this rule is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations.
F. Unfunded Mandates
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. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform) to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will 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.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards and Incorporation by Reference
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
decided that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
This rule meets the criteria for categorical exclusion L54 and L57
in Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Categorical exclusion L54 pertains to regulations that are editorial or
procedural. Categorical exclusion L57 pertains to regulations
concerning documentation of vessels. This rule involves allowing
recreational vessel owners to select a recreational vessel endorsement
on a Certificate of Documentation (COD) with a validity of 1, 2, 3, 4,
or 5 years. This rule is not part of a larger action, and it will not
result in significant impacts to the human environment. The purpose of
this final rule is to meet the Congressional mandate contained in
Section 3511 of the National Defense Authorization Act of 2022.
List of Subjects in 46 CFR Part 67
Reporting and recordkeeping requirements, Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 67 as follows:
PART 67--DOCUMENTATION OF VESSELS
0
1. The authority citation for part 67 is revised to read as follows:
Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46
U.S.C. 2103, 2104, 2107, 12102, 12103, 12104, 12105, 12106, 12113,
12133, 12139; DHS Delegation 00170.1, Revision No. 01.3.
0
2. Amend Sec. 67.163 by:
0
a. In paragraph (a) introductory text, revising the first sentence.
0
b. In paragraph (b), removing the text ``an original'' and adding, in
its place, the text ``a''; and
0
c. Revising paragraph (c).
The revisions reads as follows:
Sec. 67.163 Renewal of endorsement.
(a) * * * Endorsements on Certificates of Documentation are valid
for 1 year, except for Recreational Endorsements on Certificates of
Documentation, which are valid for 1, 2, 3, 4, or 5 years. * * *
* * * * *
[[Page 77902]]
(c) Requirement for renewal of recreational endorsements. A
Certificate of Documentation for a recreational vessel and the renewal
of such a certificate will be effective for 1, 2, 3, 4, or 5 years for
such a Certificate of Documentation for such vessel or the renewal
thereof.
Sec. 67.317 [Amended]
0
3. In Sec. 67.317, amend paragraph (a) by removing the text ``must be
renewed every'' and add, in its place, the text ``can be renewed for a
period of 1, 2, 3, 4, or''.
0
4. Amend Sec. 67.550 by revising Revise Table 1 to read as follows:
Sec. 67.550 Fee table.
* * * * *
Table 1 to Sec. 67.550--Fees
------------------------------------------------------------------------
Activity Fee
------------------------------------------------------------------------
Commercial Applications:
COM Initial Certificate of Documentation (COD) (1 $133.00
Year Only).........................................
COM Exchange of Certificate of Documentation (COD) 84.00
(1 Year Only)......................................
COM Return of Vessel to Documentation (1 Year Only). 84.00
COM Replacement of Lost or Mutilated COD............ 50.00
COM Approval of Exchange of COD requiring Mortgagee 24.00
consent............................................
COM Trade Endorsements: (\1\)
COM Coastwise Endorsement....................... 29.00
COM Coastwise Bowaters Endorsement.............. 29.00
COM Fishery Endorsement......................... 12.00
COM Registry Endorsement........................ None
COM Recreational Endorsement.................... None
COM Evidence of Deletion from Documentation......... 15.00
COM Renewal of Certificate of Documentation (COD) (1- 26.00
Year Only).........................................
COM Late Renewal.................................... \2\ 5.00
Recreational Applications:
REC Initial Certificate of Documentation (COD) (1- \3\ 133.00
Year)..............................................
REC Exchange of Certificate of Documentation (COD) \3\ 84.00
(1-Year)...........................................
REC Return of Vessel to Documentation (COD) (1-Year) \3\ 84.00
REC Replacement of Lost or Mutilated COD............ 50.00
REC Approval of Exchange of COD requiring Mortgagee 24.00
consent............................................
REC Evidence of Deletion from Documentation......... 15.00
REC Renewal of Certificate of Documentation (1-Year) 26.00
2-Year Expiration............................... 52.00
3-Year Expiration............................... 78.00
4-Year Expiration............................... 104.00
5-Year Expiration............................... 130.00
REC Late Renewal.................................... \2\ 5.00
Waivers:
Original Build Evidence............................. 15.00
Bill of Sale Eligible for Filing and Recording...... 15.00
Miscellaneous Applications:
Wrecked Vessel Determination........................ 555.00
New Vessel Determination............................ 166.00
Rebuild Determination--Preliminary or Final......... 450.00
Filing and Recording:
Bill of Sale and Instruments in Nature of Bill of \4\ 8.00
Sale...............................................
Mortgages and Related Instruments................... \4\ 4.00
Notice of Claim of Lien and Related Instruments..... \4\ 8.00
Certificate of Compliance:
Certificate of Compliance (46 CFR Part 68).......... 55.00
Miscellaneous:
Abstract of Title (CG-1332)......................... 25.00
Certificate of Ownership (CG-1330).................. 125.00
Attachment for each vessel with same data....... 10.00
Certified Copy of Recorded Instrument............... 4.00
Certified Copy of Certificate of Documentation...... 4.00
Copy of instrument or document...................... (\5\)
------------------------------------------------------------------------
\1\ When multiple trade endorsements are requested on the same
application, only the single highest applicable fee will be charged,
resulting in a maximum endorsement fee of $29.00. This does not apply
to recreational endorsements.
\2\ Late renewal fee is in addition to the cost of the endorsement
sought.
\3\ 2-5 Year Expiration (Additional Fee Required--$26.00/year).
\4\ Per page.
\5\ Fees will be calculated in accordance with 6 CFR part 5, subpart A.
Dated: November 6, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-25024 Filed 11-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.922350 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0305-0001/content.htm"
} |
USCG-2023-0308-0001 | Proposed Rule | 2023-06-07T04:00:00 | Special Local Regulation; Henderson Bay, Henderson Harbor, NY | [Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Proposed Rules]
[Pages 37194-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11881]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number: USCG-2023-0308]
RIN 1625-AA08
Special Local Regulation; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent special
local regulation for certain waters of
[[Page 37195]]
Henderson Bay in Henderson Harbor, NY, in support of the Christmas in
July festival. This action is necessary to provide for the safety of
life on these navigable waters near Henderson Bay, Henderson Harbor,
NY, during a boat parade. This proposed rulemaking would prohibit
persons and vessels from entering, transiting through, anchoring,
blocking, or loitering within the event area adjacent to the city of
Henderson Harbor, unless authorized by the Captain of the Port Buffalo
or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 7, 2023.
ADDRESSES: You may submit comments identified by docket number Docket:
USCG-2023-0308 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 16, 2023, the Henderson Business and Community Council
notified the Coast Guard of an intention to conduct the ``Christmas in
July'' boat parade in Henderson Bay. Christmas in July is an annual
event in July occurring on or near the last weekend of July. The
special local regulation area will occur from 5 p.m. through 9 p.m. and
cover all waters within a moving zone that encompasses a 50 yard buffer
zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route. The parade will start at Waterside
Tavern dock at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running
north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44'' N 76[deg]12'07.3'' W. The event is expected to
draw a high concentration of vessels to Henderson Bay along the
proposed parade route. The Coast Guard is establishing this special
local regulation to minimize any potential impact to recreational
boaters in the area. This regulation is necessary to ensure the safety
of individuals, property, and the marine environment on the navigable
waters of Henderson Bay during this event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a permanent special local
regulation for the annual ``Christmas in July'' festival on the final
weekend of July. The special local regulation area will occur from 5
p.m. through 9 p.m. and cover all waters within a moving zone that
encompasses a 50 yard buffer zone ahead of the lead vessel, 50 yards
astern of the last participating vessel, and 50 yards on each side of
the parade vessels as it travels the parade route. The parade will
start at Waterside Tavern dock at point 43[deg]51'44.0'' N
76[deg]12'07.3'' W and running north adjacent to the shore to point
43[deg]52'12.2'' N 76[deg]11'32.7'' W, continuing northwest to point
43[deg]53'40.9'' N 76[deg]12'40.6'' W and running south adjacent to the
shore to point 43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the
starting position at point 43[deg]51'44.0'' N 76[deg]12'07.3'' W. The
duration of the special local regulation area is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 5 p.m. through 9 p.m. event. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at a safe speed without loitering. The
regulatory text we are proposing appears at the end of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of Henderson Bay. Moreover,
the Coast Guard would issue a Local Notice to Mariners about the areas,
and the rule would allow vessels to seek permission to enter the 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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER
[[Page 37196]]
INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves a special
local regulation that would prohibit persons and vessels from
transiting the regulated area during the parade. Normally such actions
are categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0308 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.901, amend Table [1] by adding ``Christmas in July'' to
read as follows:
Sec. 100.901 Great Lakes annual marine events.
* * * * *
[[Page 37197]]
Table 1
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
Sector Buffalo, NY:
Fireworks by Grucci
Sponsor: New York Power Authority.......................................
Date: Last weekend of July..............................................
Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 800
foot radius of the fireworks launching platform located in approximate
position 43[deg]28'10'' N 076[deg]31'04'' W..
Flagship International Kilo Speed Challenge
Sponsor: Presque Isle Powerboat Racing Association......................
Date: 3rd or 4th weekend of June........................................
Location: That portion of Lake Erie, Presque Isle Bay, south of a line
drawn from 42[deg]08'54'' N 080[deg]05'42'' W; to 42[deg]07' N
080[deg]21' W will be a regulated area. That portion of Lake Erie,
Presque Isle bay, north of a line drawn from 42[deg]08'54'' N
080[deg]05'42'' W; to 42[deg]07' N 080[deg]21' W will be a ``caution
area''. All vessels transiting the caution area will be operated at
bare steerageway, keeping the vessel's wake at a minimum, and will
exercise a high degree of caution in the area. The bay entrance will
not be effected..
Flagship International Offshore Challenge
Sponsor: Presque Isle Powerboat Racing Association......................
Date: 3rd or 4th weekend of June........................................
Location: That portion of Lake Erie, Presque Isle Bay, Entrance Channel,
and the enclosed area from Erie Harbor Pier Head Light (LLNR 3430)
northeast to 42[deg]12'48'' N 079[deg]57'24'' W, thence south to shore
just east of Shades Beach..
Friendship Festival Airshow
Sponsor: Friendship Festival............................................
Date: 4th of July holiday...............................................
Location: That portion of the Niagara River and Buffalo. Harbor from:...
Latitude Longitude
42[deg]54.4' N.................... 078[deg]54.1' W, thence to
42[deg]54.4' N.................... 078[deg]54.4' W, thence along the
International Border to
42[deg]52.9' N.................... 078[deg]54.9' W, thence to
42[deg]52.5' N.................... 078[deg]54.3' W, thence to
42[deg]52.7' N.................... 078[deg]53.9' W, thence to
42[deg]52.8' N.................... 078[deg]53.8' W, thence to
42[deg]53.1' N.................... 078[deg]53.6' W, thence to
42[deg]53.2' N.................... 078[deg]53.6' W, thence to
42[deg]53.3' N.................... 078[deg]53.7' W, thence along the
breakwall to
42[deg]54.4' N.................... 078[deg]54.1' W.
NFBRA Red Dog Kilo Time Trials
Sponsor: Niagara Frontier Boat Racing Association.......................
Date: 4th or 5th weekend of September...................................
Location: That portion of the Niagara River, Tonawanda Channel, between
Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of
Twomile Creek along a line drawn from 43[deg]00'45'' N 078[deg]55'06''
W to 43[deg]00'28'' N 078[deg]54'56'' W (Sipco Oil Company)..
Sodus Bay 4th of July Fireworks
Sponsor: Sodus Bay Historical Society...................................
Date: 4th of July holiday...............................................
Location: Lake Ontario, within a 500 foot radius around a barge anchored
in approximate position 43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay..
Tallship Erie
Sponsor: Erie Maritime Programs, Inc....................................
Date: 1st or 2nd weekend of July........................................
Location: That portion of Lake Erie, Presque Isle Bay Entrance Channel
and Presque Isle Bay from:.
Latitude Longitude
42[deg]10' N...................... 080[deg]03' W, thence to
42[deg]08.1' N.................... 080[deg]07' W, thence to
42[deg]07.9' N.................... 080[deg]06.8' W, thence east along
the shoreline and structures to:
42[deg]09.2' N.................... 080[deg]02.6' W, thence to
080[deg]03' W.
42[deg]10' N......................
Thomas Graves Memorial Fireworks Display
Sponsor: Port Bay Improvement Association...............................
Date: 1st or 2nd weekend of July........................................
Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 500
ft radius surrounding a barge anchored in approximate position
43[deg]17'46'' N 076[deg]50'02'' W..
Thunder Island Offshore Challenge
Sponsor: Thunder on the Water Inc.......................................
Date: 3rd or 4th weekend of June........................................
Location: That portion of Lake Ontario, Oswego Harbor from the West Pier
Head Light (LLNR 2080) north to:.
Latitude Longitude
43[deg]29'02'' N.................. 076[deg]32'04'' W, thence to
43[deg]26'18'' N.................. 076[deg]39'30'' W, thence to
[[Page 37198]]
43[deg]24'55'' N.................. 076[deg]37'45'' W, thence along the
shoreline to the West Pier Head
Light (LLNR 2080).
We Love Erie Days Fireworks
Sponsor: We Love Erie Days Festival, Inc................................
Date: 3rd weekend of August.............................................
Location: That portion of Lake Erie, Erie Harbor, within a 300 foot
radius, surrounding the Erie Sand and Gravel Pier, located in position
42[deg]08'16'' N 080[deg]05'40'' W..
Christmas in July
Sponsor: Henderson Business and Community Council.......................
Date: Final weekend of July.............................................
Location: The special local regulation area will cover all waters within
a moving zone that encompasses a 50 yard buffer zone ahead of the lead
vessel, 50 yards astern of the last participating vessel, and 50 yards
on each side of the parade vessels as it travels the parade route
starting at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running north
adjacent to the shore to point 43[deg]52'12.2'' N 76[deg]11'32.7'' W,
continuing northwest to point 43[deg]53'40.9'' N 76[deg]12'40.6'' W and
running south adjacent to the shore to point 43[deg]51'47.2'' N
76[deg]14'08.3'' W, ending at the starting position at point
43[deg]51'44.0'' N 76[deg]12'07.3'' W..
Latitude Longitude
43[deg]51'44'' N.................. 076[deg]12'07.3'' W, thence to
43[deg]52'12.2'' N................ 076[deg]11'32.7'' W, thence to
43[deg]53'40.9'' N................ 076[deg]14'08.3'' W, thence along
the shoreline to end at the
starting position.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 100.901 reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
and times for each of the listed events in this table are subject to
change. In the event of a change, or for enforcement periods listed
that do not allow a specific date or dates to be determined, the
Captain of the Port will provide notice to the public by publishing a
Notice of Enforcement in the Federal Register, as well as, issuing a
Broadcast Notice to Mariner.
May 30, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11881 Filed 6-6-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.929014 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0308-0001/content.htm"
} |
USCG-2023-0308-0003 | Rule | 2023-07-26T04:00:00 | Special Local Regulation; Henderson Bay, Henderson Harbor, NY | [Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48125-48129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15797]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0308]
RIN 625-AA08
Special Local Regulation; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent special local
regulation for certain waters of Henderson Bay in Henderson Harbor, NY,
in support of the Christmas in July festival. This action is necessary
to provide for the safety of life on these navigable waters near
Henderson Bay, Henderson Harbor, NY, during a boat parade. This
rulemaking will prohibit persons and vessels from entering, transiting
through, anchoring, blocking, or loitering within the event area
adjacent to the city of Henderson Harbor, unless authorized by the
Captain of the Port Buffalo or a designated representative.
[[Page 48126]]
DATES: This rule is effective July 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0308 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email MST2 Andrew Nevenner, Waterways Management
Division MSD Massena, U.S. Coast Guard; telephone 315-769-5483, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 16, 2023, the Henderson Business and Community Council
notified the Coast Guard of an intention to conduct the ``Christmas in
July'' boat parade in Henderson Bay on July 29, 2023. Christmas in July
is an annual event in July occurring on or near the last weekend of
July. The special local regulation area will occur from 5 p.m. through
9 p.m. and cover all waters within a moving zone that encompasses a 50-
yard buffer zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route. The parade will start at Waterside
Tavern dock at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running
north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44'' N 76[deg]12'07.3'' W. In response, on June 7,
2023, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Special Local Regulation; Henderson Bay, Henderson Harbor,
NY'' (88 FR 37194). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this boat parade.
During the comment period that ended July 7, 2023, we received one
comment that was in full support of the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Buffalo (COTP) has determined
that this rule is necessary to ensure the safety of life and property
of the participants within the regulated area before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we only received one comment on our NPRM published
June 7, 2023, and it fully supported the proposed rule. There are no
substantive changes in the regulatory text of this rule from the
proposed rule in the NPRM. We did reform the text and corrected the
authority citation for 33 CFR part 100.
This rule establishes a special local regulation from 5 p.m.
through 9 p.m. on July 29, 2023. The special local regulation area will
cover all waters within a moving zone that encompasses a 50-yard buffer
zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route in Henderson Bay, Henderson Harbor, NY.
The duration of the special local regulation is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 5 p.m. through 9 p.m. boat parade. No vessel or person
will be permitted to enter the special local regulation area without
obtaining permission from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit around this regulated
area which would impact a small-designated area of Henderson Bay.
Moreover, the Coast Guard would issue a Local Notice to Mariners about
the areas, and the rule would allow vessels to seek permission to enter
the 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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the
[[Page 48127]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
special local regulation lasting that will prohibit persons and vessels
from transiting the regulated area during the parade. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.901, revise table 1 to read as follows:
Sec. 100.901 Great Lakes annual marine events.
* * * * *
Table 1 to Sec. 100.91
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
Sector Buffalo, NY
----------------------------------------------------------------------------------------------------------------
(1) Fireworks by Grucci.............. Lake Ontario, Wright's Landing/Oswego Harbor, NY Last weekend of July.
Sponsor: New York Power Authority.... within an 800 foot radius of the fireworks
launching platform located in approximate
position 43[deg]28'10'' N 076[deg]31'04'' W.
(2) Flagship International Kilo Speed That portion of Lake Erie, Presque Isle Bay, 3rd or 4th weekend of
Challenge. south of a line drawn from 42[deg]08'54'' N June.
Sponsor: Presque Isle Powerboat 080[deg]05'42'' W; to 42[deg]07' N 080[deg]21'
Racing Association. W will be a regulated area. That portion of
Lake Erie, Presque Isle bay, north of a line
drawn from 42[deg]08'54'' N 080[deg]05'42'' W;
to 42[deg]07' N 080[deg]21' W will be a
``caution area''. All vessels transiting the
caution area will be operated at bare
steerageway, keeping the vessel's wake at a
minimum, and will exercise a high degree of
caution in the area. The bay entrance will not
be effected.
--------------------------------------------------
(3) Flagship International Offshore That portion of Lake Erie, Presque Isle Bay, 3rd or 4th weekend of
Challenge. Entrance Channel, and the enclosed area from June.
Sponsor: Presque Isle Powerboat Erie Harbor Pier Head Light (LLNR 3430)
Racing Association. northeast to 42[deg]12'48'' N 079[deg]57'24''
W, thence south to shore just east of Shades
Beach.
--------------------------------------------------
(4) Friendship Festival Airshow...... That portion of the Niagara River and Buffalo 4th of July holiday.
Sponsor: Friendship Festival.........
--------------------------------------------------
Harbor from:
--------------------------------------------------
Latitude Longitude
--------------------------------------------------
42[deg]54.4' N......... 078[deg]54.1' W, thence
to.
42[deg]54.4' N......... 078[deg]54.4' W, thence
----------------------------------------------------------------------------------------------------------------
[[Page 48128]]
Table 1 to Sec. 100.91--Continued
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
Latitude Longitude
--------------------------------------------------
along the International Border to:
--------------------------------------------------
42[deg]52.9' N......... 078[deg]54.9' W, thence
to
42[deg]52.5' N......... 078[deg]54.3' W, thence
to
42[deg]52.7' N......... 078[deg]53.9' W, thence
to
42[deg]52.8' N......... 078[deg]53.8' W, thence
to
42[deg]53.1' N......... 078[deg]53.6' W, thence
to
42[deg]53.2' N......... 078[deg]53.6' W, thence
to
42[deg]53.3' N......... 078[deg]53.7' W, thence
--------------------------------------------------
along the breakwall to:
--------------------------------------------------
42[deg]54.4' N......... 078[deg]54.1' W
----------------------------------------------------------------------------------------------------------------
(5) NFBRA Red Dog Kilo Time Trials... That portion of the Niagara River, Tonawanda 4th or 5th weekend of
Sponsor: Niagara Frontier Boat Racing Channel, between Tonawanda Channel Buoy 31 to September.
Association. approximately 1/2 mile southwest of Twomile
Creek along a line drawn from 43[deg]00'45'' N
078[deg]55'06'' W to 43[deg]00'28'' N
078[deg]54'56'' W (Sipco Oil Company).
(6) Sodus Bay 4th of July Fireworks.. Lake Ontario, within a 500 foot radius around a 4th of July holiday.
Sponsor: Sodus Bay Historical Society barge anchored in approximate position
43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay.
--------------------------------------------------
(7) Tallship Erie.................... That portion of Lake Erie, Presque Isle Bay. 1st or 2nd weekend of
Sponsor: Erie Maritime Programs, Inc. July.
----------------------------------------------------------------------------------------------------------------
Entrance Channel and Presque Isle Bay from:
--------------------------------------------------
Latitude Longitude
--------------------------------------------------
42[deg]10' N........... 080[deg]03' W, thence
to
42[deg]08.1' N......... 080[deg]07' W, thence
to
42[deg]07.9' N......... 080[deg]06.8' W, thence
--------------------------------------------------
east along the shoreline and structures to:
--------------------------------------------------
42[deg]09.2' N......... 080[deg]02.6' W, thence
to
--------------------------------------------------
42[deg]10' N........... 080[deg]03' W
----------------------------------------------------------------------------------------------------------------
(8) Thomas Graves Memorial Fireworks That portion of Lake Ontario, Port Bay Harbor, 1st or 2nd weekend of
Display. NY within a 500 ft radius surrounding a barge July.
Sponsor: Port Bay Improvement anchored in approximate position 43[deg]17'46''
Association. N 076[deg]50'02'' W.
----------------------------------------------------------------------------------------------------------------
(9) Thunder Island Offshore Challenge That portion of Lake Ontario, Oswego Harbor from 3rd or 4th weekend of
Sponsor: Thunder on the Water Inc.... the West Pier Head Light (LLNR 2080) north to: June.
----------------------------------------------------------------------------------------------------------------
Latitude Longitude
--------------------------------------------------
43[deg]29'02'' N....... 076[deg]32'04'' W,
thence to
43[deg]26'18'' N....... 076[deg]39'30'' W,
thence to
43[deg]24'55'' N....... 076[deg]37'45'' W,
thence
--------------------------------------------------
along the shoreline to the West Pier Head Light
(LLNR 2080).
--------------------------------------------------
(10) We Love Erie Days Fireworks..... That portion of Lake Erie, Erie Harbor, within a 3rd weekend of August.
Sponsor: We Love Erie Days Festival, 300 foot radius, surrounding the Erie Sand and
Inc. Gravel Pier, located in position 42[deg]08'16''
N 080[deg]05'40'' W.
----------------------------------------------------------------------------------------------------------------
[[Page 48129]]
Table 1 to Sec. 100.91--Continued
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
(11) Christmas in July............... Location: The special local regulation area will Date: Final weekend of
Sponsor: Henderson Business and cover ALL WATERS WITHIN A MOVING ZONE THAT July.
Community Council. ENCOMPASSES A 50 yard BUFFER ZONE ahead of the
lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side
of the parade vessels as it travels the parade
route starting at point 43[deg]51'44'' N
76[deg]12'07.3'' W and running north adjacent
to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to
point 43[deg]53'40.9'' N 76[deg]12'40.6'' W and
running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending
at the starting position at point
43[deg]51'44.0'' N 76[deg]12'07.3'' W.
--------------------------------------------------
Latitude Longitude
--------------------------------------------------
43[deg]51'44'' N....... 076[deg]12'07.3'' W,
thence to
43[deg]52'12.2'' N..... 076[deg]11'32.7'' W,
thence to
43[deg]53'40.9'' N..... 076[deg]14'08.3'' W,
thence
--------------------------------------------------
along the shoreline to end at the starting
position.
----------------------------------------------------------------------------------------------------------------
Sector Sault Ste. Marie, MI
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta............... Keweenaw Waterway, from the Houghton Hancock 2nd weekend of June.
Sponsor: Bridgefest Committee........ Lift Bridge to 1000 yards west of the bridge,
near Houghton, MI.
(2) Duluth Fourth Fest Fireworks..... That portion of the Duluth Harbor Basin Northern 4th of July weekend.
Sponsor: Office of the Mayor, Duluth, Section bounded on the south by a line drawn on
MN. a bearing of 087[deg] true from the Cargill
Pier through Duluth Basin Lighted Buoy #5 (LLNR
15905) to the opposite shore on the north by
the Duluth Aerial Bridge. That portion of
Duluth Harbor Basin Northern Section within 600
yards of position 46[deg]46'47'' N
092[deg]06'10'' W.
(3) July 4th Fireworks............... That portion of the St. Mary's River, Sault Ste. 4th of July weekend.
Sponsor: City of Sault Ste Marie, MI. Marie, MI within a 1000 foot radius of Brady
Park, located on the south shore of the river.
These waters are enclosed by the Locks to the
west and to the east from a line drawn from the
pier light of the east center pier to the U.S.
Coast Guard Base to the southeast.
----------------------------------------------------------------------------------------------------------------
\1\ All coordinates listed in this table 1 reference North American Datum of 1983 (NAD 1983).
\2\ As noted in the introductory text of this section, the enforcement dates and times for each of the listed
events in this table are subject to change. In the event of a change, or for enforcement periods listed that
do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the
public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice
to Mariner.
Dated: July 19, 2023.
Sean M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-15797 Filed 7-25-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.931008 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0308-0003/content.htm"
} |
USCG-2023-0309-0001 | Proposed Rule | 2023-06-21T04:00:00 | Safety Zone; Henderson Bay, Henderson Harbor, NY | [Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Proposed Rules]
[Pages 40134-40136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11880]
[[Page 40134]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0309]
RIN 1625-AA00
Safety Zone; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent safety
zone for certain waters of Henderson Harbor. This action is necessary
to provide for the safety of life on these navigable waters near
Henderson Harbor, Henderson, NY, during annual reoccurrences of a
fireworks display. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Buffalo or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 21, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0309 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 6, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting a fireworks display
from 9:30 through 10 p.m. on July 29, 2023, for the Christmas in July
Celebration. The fireworks are to be launched from a barge in Henderson
Bay approximately 1500 yards north of the town boat ramp located on the
southern shore of Henderson Harbor in Henderson Harbor, NY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Buffalo (COTP) has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 140-yard radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 140-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone for certain waters
of Henderson Harbor for annual reoccurrences of the fireworks display,
which will be announced in the Federal Register. The safety zone would
cover all navigable waters within 140-yards of a barge in Henderson Bay
located approximately 1500-yards north of the town boat ramp located on
the southern shore of Henderson Harbor in Henderson Harbor, NY. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled
fireworks display. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Henderson Bay for less than 2 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under
[[Page 40135]]
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry within 140 yards 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. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0309 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034; 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.
00170.1, Revision 1.3.
0
2. In Sec. 165.939, amend Table 165.939 by adding entry (b)(34)) to
read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
* * * * *
----------------------------------------------------------------------------------------------------------------
Enforcement date and time
Event Location \1\ \2\
----------------------------------------------------------------------------------------------------------------
(b) July Safety Zones
----------------------------------------------------------------------------------------------------------------
* * * * *
(34) Christmas in July Fireworks........ Henderson Harbor, NY. All waters within a On or around the last
420-foot radius of the barge at position weekend of July.
43[deg]86'66'' N, 076[deg]20'97'' W in
Henderson Harbor, NY.
----------------------------------------------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.xxx reference Datum NAD 1983.
[[Page 40136]]
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety
zones are subject to change. In the event of a change, or for enforcement periods listed that do not allow a
specific date or dates to be determined, the Captain of the Port will provide notice to the public by
publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to
Mariner.]
Dated: May 30, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11880 Filed 6-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.932786 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0309-0001/content.htm"
} |
USCG-2023-0309-0003 | Rule | 2023-07-28T04:00:00 | Safety Zone; Henderson Bay, Henderson Harbor, NY | [Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48734-48736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16018]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0309]
RIN 1625-AA00
Safety Zone; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent safety zone for
certain waters of Henderson Harbor. This action is necessary to provide
for the safety of life on these navigable waters near Henderson Harbor,
Henderson, NY, during a fireworks display and annual reoccurrences of
this event. This regulation prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Buffalo or
a designated representative.
DATES: This rule is effective without actual notice July 28, 2023. For
the purposes of enforcement, actual notice will be used from 9:30
through 10 p.m. on July 29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0309 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 6, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting a fireworks display
from 9:30 through 10 p.m. on July 29, 2023, For the Christmas in July
Celebration. The fireworks are to be launched from a barge in Henderson
Bay approximately 1500 yards north of the town boat ramp located on the
southern shore of Henderson Harbor in Henderson Harbor, NY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Buffalo (COTP) has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 140-yard radius of the barge.
In response, on June 21, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Henderson Bay, Henderson
Harbor, NY (88 FR 40134). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended July 21, 2023,
we received one comment that was in support of the rule.
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 the fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo
(COTP) has determined that potential hazards associated with the
fireworks to be used in this July 29, 2023 display will be a safety
concern for anyone within a 140-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment in support of our NPRM
published June 21, 2023. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a safety zone that will be enforced from 9
p.m. through 10:30 p.m. on July 29, 2023. The safety zone will cover
all navigable waters within 140 yards of a barge in Henderson Harbor
located approximately 1500-yards north of the town boat ramp located on
the southern shore of Henderson Harbor in Henderson Harbor, NY. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 9 p.m.
through 10:30 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
[[Page 48735]]
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Henderson Bay for less than 2 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
Government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 1.5 hours that would prohibit entry within 140
yards of a fireworks barge. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We prepare a preliminary REC for these types of field
regulations because the DHS Instruction Manual (and U.S. Coast Guard
Environmental Planning Implementing Procedures) direct that a REC be
prepared for these specified field regulations when certain conditions
apply--see L59(a), L60(a), and L60(d).
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard is
amending 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: 46 U.S.C. 70034; 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.
00170.1, Revision No. 1.03.
0
2. In Sec. 165.939, amend Table 165.939, by adding entry (b)(34) to
read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
* * * * *
[[Page 48736]]
------------------------------------------------------------------------
Enforcement date
Event Location \1\ and time \2\
------------------------------------------------------------------------
(b) July Safety Zones
------------------------------------------------------------------------
* * * * * * *
(34) Christmas in July Henderson Harbor, NY. On or around the
Fireworks. All waters within a last weekend of
420-foot radius of July.
the barge at position
43[deg]86'66'' N,
076[deg]20'97'' W in
Henderson Harbor, NY.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.xxx reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
and times for each of the listed safety zones are subject to change.
In the event of a change, or for enforcement periods listed that do
not allow a specific date or dates to be determined, the Captain of
the Port will provide notice to the public by publishing a Notice of
Enforcement in the Federal Register, as well as, issuing a Broadcast
Notice to Mariner.]
Dated: July 21, 2023.
Sean M. Murray,
Commmander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-16018 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.933752 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0309-0003/content.htm"
} |
USCG-2023-0311-0001 | Rule | 2023-05-17T04:00:00 | Special Local Regulation; Marine Events Within the Eleventh Coast Guard District—Great Western Tube Float | [Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31475-31476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10489]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0311]
Special Local Regulation; Marine Events Within the Eleventh Coast
Guard District--Great Western Tube Float
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Great Western Tube Float
special local regulation on the waters of Parker, Arizona on June 10,
2023. This special local regulation is necessary to provide for the
safety of the participants, crew, sponsor vessels, and general users of
the waterway. During the enforcement period, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this regulated area unless authorized by the Captain of the Port, or
his designated representative.
DATES: The regulations in 33 CFR 100.1102 will be enforced from 8 a.m.
until 5 p.m., on June 10, 2023 for the location described in Item No. 9
in Table 1 to Sec. 100.1102.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Junior Grade
Shera Kim, Waterways Management, U.S. Coast Guard Sector San Diego, CA;
telephone 619-278-7656, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1102 for the
[[Page 31476]]
Great Western Tube Float in Parker, AZ for the location described in
Table No. 1 to Sec. 100.1102, Item No. 9 of that section, from 8 a.m.
to 5 p.m. on June 10, 2023. This action is being taken to provide for
the safety of life on the navigable waterway during the race. Our
regulation for recurring marine events on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona),
Sec. 100.1102, Table 1 to Sec. 100.1102, Item No. 9, specifies the
location of the regulated area for the Great Western Tube Float, which
encompasses portions of the Colorado River. Under the provisions of
Sec. 100.1102, persons and vessels are prohibited from entering into,
transiting through, or anchoring within this regulated area unless
authorized by the Captain of the Port, or his designated
representative. The Coast Guard may be assisted by other Federal,
State, or local law enforcement agencies in enforcing this regulation.
In addition to this document in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
this enforcement period via the Local Notice to Mariners and local
advertising by the event sponsor.
If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.
Dated: April 12, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-10489 Filed 5-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.934699 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0311-0001/content.htm"
} |
USCG-2023-0314-0001 | Rule | 2023-04-27T04:00:00 | Safety Zone; Cumberland River | [Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Unknown Section]
[Pages 25496-25498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08905]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0314]
RIN 1625-AA00
Safety Zone; Cumberland River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Cumberland River. This action is
necessary to provide for the safety of life on the navigable waters of
the Cumberland River near Cadiz, KY. This rule would prohibit persons
and vessels from entering the safety zone unless authorized by the
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.
DATES: This rule is effective from May 4, 2023, through May 7, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0314 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Evan Dawson, U.S. Coast Guard Marine Safety Unit
Paducah; telephone 270-442-1621 x 2113, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 25497]]
CUMB Cumberland River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
CUMB Cumberland River
MM Mile Marker
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. This safety zone
must be established by May 4, 2023 and there is a lack of sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with a jet ski race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) Sector Ohio Valley has determined
that potential hazards associated with the large gathering of small
craft vessels on to the Cumberland River (CUMB) MM 55 exists. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the event is
occurring.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 6 a.m. May 4, 2023, to
5 p.m. on May 7, 2023. The safety zone would cover all navigable waters
within two hundred fifty feet of the racecourse at any point of the
event. The duration of the zone is intended to ensure the safety of
vessels and persons during the event. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The Marine
Event will be within a protected cove not utilized for commercial
traffic, causing minimal disruption to vessel traffic. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 22-A about the enforcement time of the zone, and the
rule would allow vessels to seek permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,
[[Page 25498]]
we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 96 hours that would prohibit entry within two
hundred fifty feet of the event which is inside of a protected cove.
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. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165 REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0314 to read as follows:
Sec. 165.T08-0314 Safety Zone; Cumberland River; Cadiz, Kentucky.
(a) Location. The safety zone will cover all waters on the
Cumberland River within two hundred fifty feet of the marine event,
near Cadiz, KY, during daylight race activities drawing a line from
36[deg]54'43.5'' N 87[deg]59'09.6'' W north west to 36[deg]54'44.9'' N
87[deg]59'12.0'' W, continuing north east to 36[deg]54'53.5'' N
87[deg]59'04.1'' W, and ending at 36[deg]54'47.1'' N 87[deg]58'53.0''
W.
(b) Effective period. This rule will be effective from 6 a.m. on
May 4, 2023 to 5 p.m. on May 7, 2023.
(c) Enforcement period. This section will be subject to enforcment
from 6 a.m. on May 4, 2023, and will continue through 5 p.m. on May 7,
2023, or until the hazards associated with the Midamerica Watercross
Championship Race, near Cadiz, KY, have been completed. If there is
inclement weather or other disruptions the U.S. Coast Guard will inform
mariners of the change in enforcement period via Broadcast Notice to
Mariners on VHF-FM channel 16 and on-scene notice.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into the zone during transit
operations is prohibited unless specifically authorized by the Captain
of the Port Sector Ohio Valley (COTP) or designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Ohio Valley or a designated Coast Guard Auxiliary unit.
(2) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
Dated: April 21, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-08905 Filed 4-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.935676 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0314-0001/content.htm"
} |
USCG-2023-0320-0001 | Rule | 2023-05-16T04:00:00 | Safety Zone; Providence Fireworks, Providence, RI | [Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31174-31175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10429]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0320]
Safety Zone; Providence Fireworks, Providence, RI
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone for the
Providence Fireworks on July 2, 2023, to provide for the safety of life
on navigable waterways. Our regulations for safety
[[Page 31175]]
zones for annually recurring marine events held in Coast Guard
Southeastern New England Captain of the Port Zone identify the
regulated area for this event. During the enforcement periods, the
operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.
DATES: The regulations in 33 CFR 165.173 will be enforced from 9 p.m.
until 9:30 p.m. on July 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST2 Christopher Matthews,
Waterways Management Division, Sector Southeastern New England, U.S.
Coast Guard; telephone 401-435-2348, email
[email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
listed in 33 CFR 165.173 for the Providence Fireworks regulated area
from 9 p.m. to 9:30 p.m. on July 2, 2023. This action is being taken to
provide for the safety of life on navigable waterways during this one-
day event, which will feature live fireworks. The regulation for marine
events within the First Coast Guard District, Sec. 165.173, specifies
the location of the regulated area for the Providence Fireworks which
encompasses portions of the Providence River. During the enforcement
period, vessels in the regulated area must comply with directions from
the Patrol Commander or any Official Patrol displaying a Coast Guard
ensign.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts.
Dated: May 11, 2023.
C.J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2023-10429 Filed 5-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.936679 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0320-0001/content.htm"
} |
USCG-2023-0321-0001 | Rule | 2023-04-20T04:00:00 | Drawbridge Operation Regulation; Old River, Between Victoria Island and Byron Tract, CA | [Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Rules and Regulations]
[Pages 24336-24338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08188]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0231]
RIN 1625-AA09
Drawbridge Operation Regulation; Old River, Between Victoria
Island and Byron Tract, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the draw of the California Department of
Transportation (Route 4) highway bridge, mile 14.8 between Victoria
Island and Byron Tract, CA. This action is necessary to allow the
bridge owner to complete rehabilitation of the bridge after an
unexpected delay in construction material delivery related to the
COVID-19 pandemic, vandalism, and inclement weather.
DATES: This temporary interim rule is effective from April 20, 2023
through 5 p.m. on November 30, 2023.
Comments and related material must reach the Coast Guard on or
before May 22, 2023.
[[Page 24337]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0231) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or email Carl Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone 510-437-3516, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
Caltrans California Department of Transportation
CADFW California Department of Fish and Wildlife
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. This bridge is non-operational and will be non-
operational until rehabilitation work can be completed.
On October 27, 2022 the Coast Guard issued a General Deviation
which allowed the bridge owner, Caltrans, to deviate from the current
operating schedule in 33 CFR 117.183 to conduct major mechanical and
electrical rehabilitation of the bridge. Due to delays in procuring
materials, vandalism of critical electrical submarine cables, and an
active winter storm season, the project will run past the end date of
April 23, 2023 of the General Deviation. The bridge cannot be brought
back to operating condition until the delivery of the critical Program
Logic Control circuit and the replacement or repairs to the submarine
cable can be made. Therefore, there is insufficient time to provide a
reasonable comment period and then consider those comments before
issuing the modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest due to the fact that the bridge is currently inoperable
and will not be back into operation until the rehabilitation work can
be completed.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating
schedule that governs the California Department of Transportation
(Route 4) highway bridge, mile 14.8 between Victoria Island and Byron
Tract, CA. The Caltrans Route 4 highway bridge has a vertical
clearance, in the closed position, of 12.7 feet at mean high water and
unlimited vertical clearance when opened.
The existing drawbridge regulation, 33 CFR 117.183, states that the
draw of the California Department of Transportation (Route 4) highway
bridge, mile 14.8 between Victoria Island and Byron Tract, shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8. Caltrans,
the bridge owner, has requested this modification as additional time is
required to complete the bridge rehabilitation.
Drawtender logs, during a previous test deviation conducted May 5,
2021 to August 7, 2021, recorded the following number of CADFW vessel
openings: four in May, eight in June, four in July, and two in August.
One survey vessel passed in July. No recreational or commercial vessels
requested an opening of the bridge span during that 90-day test
deviation.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the California
Department of Transportation (Route 4) highway bridge, mile 14.8
between Victoria Island and Byron Tract, CA. This rule allows the
bridge to be secured in the closed-to-navigation position through 5
p.m. on November 30, 2023.
As part of the rehabilitation of the bridge, Caltrans has removed
and is replacing all the electronics as well as key mechanical
components that control the operation of the swing span. On January 31,
2023, vandals caused damage to one of the three newly installed custom-
made submarine cables. On April 1, 2023 the contractor informed
Caltrans that the custom-made Program Logic Control circuit, which is
the circuit that controls the operation of the swing span, was delayed
due to supply chain issues. These two critical components of bridge
operations, as well as an active storm season, have caused the delay of
the completion of the rehabilitation of the bridge. Currently, the
swing span remains inoperable until rehabilitation work is completed.
The anticipated completion of the rehabilitation work is November 30,
2023.
V. Regulatory Analyses
We developed this temporary interim 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.
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. 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 (OMB).
This regulatory action determination is based on the fact that
little or no commercial or recreational vessel traffic will be impacted
by this rule. Furthermore, the swing span of the bridge, as of date of
the publication of this rule, is not operational and cannot resume
operations until delivery of delayed parts and the repair to or
replacement of the vandalized electrical submarine cable is made.
B. 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
[[Page 24338]]
with populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1. Revision No. 01.3.
0
2. Stay Sec. 117.183 from April 20, 2023 until 5 p.m. on November 30,
2023.
0
3. Add Sec. 117.T184 to read as follows:
Sec. 117.T184 Old River.
The draw of the California Department of Transportation (Route 4)
highway bridge, mile 14.8 between Victoria Island and Byron Tract need
not be opened for the passage of vessels.
Michael E. Campbell,
Rear Admiral, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-08188 Filed 4-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.937670 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0321-0001/content.htm"
} |
USCG-2023-0330-0001 | Notice | 2023-08-21T04:00:00 | Removal of Smith Point Traffic Separation Scheme From Nautical Charts |
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56850-56851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17849]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number USCG-2023-0330]
Removal of Smith Point Traffic Separation Scheme From Nautical
Charts
AGENCY: Coast Guard, DHS.
ACTION: Notice of inquiry; request for comments
-----------------------------------------------------------------------
SUMMARY: We, the Coast Guard, have received requests to remove a vessel
traffic routing measure, which is known as the ``Smith Point Traffic
Separation Scheme'' (TSS) and depicted on the nautical charts of the
Chesapeake Bay. If there is no longer a need for this measure, we would
request that the National Oceanic and Atmospheric Administration
(NOAA), which produces the nation's nautical charts, remove the TSS
from these charts and take out language regarding the TSS from the
applicable Coast Pilot. We would then make conforming changes to the
buoy that marks the turning point in the separation zone of the TSS. We
are seeking comments on whether there is any continued need for this
vessel traffic routing measure before we do so.
DATES: Your comments and related material must reach the Coast Guard on
or before November 20, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0330 using the Federal portal at https://www.regulations.gov. See
the ``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of inquiry, call or email, LTJG Carmel McAndrews, District
Prevention Waterways Management Office, U.S. Coast Guard; telephone:
757-398-6298 or email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
TSS Traffic Separation Scheme
U.S.C. United States Code
II. Background and Purpose
The Smith Point TSS was put in place in 1969, before the
promulgation of any regulations governing formal Traffic Separation
Schemes. It was never formally established by rule and exists only as a
notation on the nautical charts. Lying at the mouth of the Potomac
River, in the Chesapeake Bay, just south of the border between Maryland
and Virginia, it has historically been used by vessel traffic that
transits to and from destinations within the Lower Chesapeake Bay, the
Potomac River, and the Upper Chesapeake Bay. In contrast to Offshore
TSS's, which are codified in 33 CFR part 167, and which are the only
TSS's that have been established by rule to date, the Smith Point TSS
lies in the inland waters, as defined in 33 CFR 2.26.
See Figure 1, contained in a ``Figures'' document separate from
this Notice of Inquiry, for a graphical depiction of the Smith Point
TSS. For instructions on locating the ``Figures'' document, see the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section.
As nearby ports and indeed the maritime industry itself have grown
over the fifty years since the Smith Point TSS was first charted,
traffic patterns, traffic density, and vessel sizes have all changed
considerably. Meanwhile, both the development and growth of the port
community, and the growth in the size of the ships navigating these
waters, appear to have rendered the Smith Point TSS obsolete. With the
advent of the Global Positioning System, Automatic Identification
System and overall improved navigation technology since
[[Page 56851]]
1969, today's maritime pilots have better communications and awareness
of the locations of other vessels navigating in the vicinity of Smith
Point. These pilots have safely coordinated large vessel traffic
despite not being able to use the TSS as designed.
Due to the increase in size and draft of typical cargo vessels
since the Smith Point TSS was first identified on the charts in 1969,
depths in the north-bound and south-bound vessel traffic lanes are
inadequate for modern deep draft vessels transiting through this area
and today's larger vessels can no longer use the routing measure as
designed. The natural bottom contours of the Bay provide the greatest
depths in the center of the southbound lane of the TSS. See Figures 2 &
3 in the Figures document in the docket. And while the Inland
Navigational Rules (eCFR, 2023) provide that a vessel shall, so far as
practicable, avoid crossing traffic lanes, larger inbound vessels must
use the opposing outbound lane of the Smith Point TSS to avoid the risk
of grounding. This scenario leads to a traffic pattern contrary to the
charted routing measure and not in accordance with Rule 10 of the
Inland Rules, which may actually increase the risk of collisions. As
the Smith Point TSS appears to be counterproductive today, we are
seeking public comments regarding its continued need.
If after consideration of the comments received we determine that
the Smith Point TSS should be removed from nautical charts and
publications, we will then reestablish the current Smith Point Fairway
Lighted Buoy SP (LLNR 7490), which marks the turning point of the TSS
separation zone, as the Smith Point Lighted Buoy SP, a white and red
striped Safe Water Buoy. The light will change from yellow to white
with Morse Code ``A'' flash characteristic. We also seek public comment
from waterway users on the Coast Guard's plan to change the signal and
meaning of this buoy.
III. Information Requested
If you believe there is some reason the Smith Point TSS should be
retained, please let us know that and provide us with your reasoning
for wanting to keep it in place. Please include comments regarding the
potential impacts of this possible change and any other concerns that
you may have regarding the Smith Point TSS.
IV. Public Participation and Request for Comments
We encourage you to submit comments in response to this
notification of inquiry through the Federal Decision Making portal at
https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0330 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. In your submission,
please include the docket number for this notification of inquiry and
provide a reason for each suggestion or recommendation. If your
material cannot be submitted using https://www.regulations.gov, contact
the person in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
To view documents mentioned in this notification of inquiry as
being available in the docket, find the docket as described in the
previous paragraph, and then select ``Supporting & Related Material''
in the Document Type column. Public comments will also be placed in our
online docket and can be viewed by following instructions on the
https://www.regulations.gov Frequently Asked Questions web page. We
review all comments received, but we may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
We do not plan to hold a public meeting to receive oral comments on
this notification of inquiry; however, should the need arise, we will
announce the date, time, and location in a separate document published
in the Federal Register. If you have signed up for docket email alerts
mentioned in the paragraph above, you will receive an email notice when
the public meeting notice is published and placed in the docket.
This document is issued under authority of 5 U.S.C. 552(a).
Dated: August 15, 2023.
Mary Ellen J. Durley,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2023-17849 Filed 8-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.939459 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0330-0001/content.htm"
} |
USCG-2023-0330-0004 | Notice | 2023-12-14T05:00:00 | Removal of Smith Point Traffic Separation Scheme From Nautical Charts |
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86664-86665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27440]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0330]
Removal of Smith Point Traffic Separation Scheme From Nautical
Charts
AGENCY: Coast Guard, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Smith Point Traffic Separation Scheme (TSS) is a vessel
traffic routing measure which lies on inland waters, at the mouth of
the Potomac River. The Coast Guard announces its intention to have the
TSS removed from the nautical charts, and from the U.S. Coast Pilot. We
will also change the buoy which identifies the TSS from a special
purpose lighted yellow buoy to a red and white striped lighted mid-
channel buoy.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email Matthew Creelman, Marine Planner at Fifth Coast
Guard District, telephone (757) 398-6230, email,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
FR Federal Register
DHS Department of Homeland Security
NOAA National Oceanic and Atmospheric Administration
TSS Traffic Separation Scheme
USCG United States Coast Guard, Department of Homeland Security
II. Background and Purpose
The Smith Point TSS, a vessel traffic routing measure, lies in
inland waters, as defined in 33 CFR 2.26, in the Chesapeake Bay, at the
mouth of the Potomac River, just south of the Maryland/Virginia border.
It was never formally established by rule, and exists only as a
notation on NOAA nautical charts. On August 21, 2023 (88 FR 56850), we
issued a notice of inquiry, requesting comments on whether the TSS
should be removed from the NOAA charts and the U.S. Coast Pilot.
(Issued by NOAA, the U.S. Coast Pilot is a series of nautical books
that cover a variety of information important to navigators of coastal
and intracoastal waters and the Great Lakes.) There was 90-day comment
period.
During the comment period, USCG received one comment. The comment,
from the Association of Maryland Pilots, supported the decision to
remove the TSS, noting that conditions have changed since the TSS was
first listed on the nautical charts in 1969, and that
[[Page 86665]]
today, the TSS is an impediment to safe navigation in the area. The TSS
identifies separate northbound and southbound travel lanes which
accommodated both lanes of vessel traffic in 1969, given the size of
vessels operating in the area then. Today, however, vessels with deeper
drafts, which are limited to operating in the waters the TSS covers,
travel in the area, and they must travel in opposing lanes to avoid the
risk of grounding.
The comment, and supporting documents, are available in the public
docket and can be viewed at https://www.regulation.gov. To view
documents, in the ``Search'' box insert ``USCG-2023-0330'' and click
``Search.'' Then select ``Supporting & Related Material'' in the
Document Type column.
The Smith Point TSS no longer serves a useful purpose, and the
notice of inquiry USCG published in August confirms that there are no
concerns from the public about removing it and therefore the USCG has
decided to move forward with the removal of the vessel traffic routing
measure.
III. Authority and Action To Be Taken
Under 46 U.S.C. 70001(a)(4), as delegated, USCG may control vessel
traffic in areas subject to the jurisdiction of the United States that
it determines to be hazardous by, among other means, establishing
vessel traffic routing schemes. Based on the analysis of historical
vessel traffic patterns and the comment received, the Coast Guard will:
1. Request NOAA remove the Smith Point TSS chart feature from all
applicable charts and update the U.S. Coast Pilot to remove the TSS and
reflect changes to the on-scene navigational buoy the USCG will deploy.
2. Change the Smith Point Fairway Lighted Buoy SP (LLNR 7490) to
Smith Point Lighted Buoy SP, a white and red striped Safe Water Buoy
and the light will be changed from a yellow to white with a Morse Code
``A'' flash characteristic.
Dated: December 8, 2023.
Shannon N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2023-27440 Filed 12-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.940725 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0330-0004/content.htm"
} |
USCG-2023-0332-0001 | Rule | 2023-05-22T04:00:00 | Safety Zone; Seafair Air Show Performance, 2023, Seattle, WA | [Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Page 32660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10794]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0332]
Safety Zone; Seafair Air Show Performance, 2023, Seattle, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the annual Seafair Air Show
Performance safety zone on Lake Washington, Seattle, WA, from 10 a.m.
until 4 p.m. on August 3, 2023, and from 8 a.m. until 5 p.m. each day
from August 4, 2023, through August 6, 2023. This action is necessary
to prevent injury and to protect life and property of the maritime
public from the hazards associated with the aerial displays. The
regulation prohibits persons and vessels from being in the regulated
areas unless authorized by the Captain of the Port Puget Sound or a
designated representative.
DATES: The regulations in 33 CFR 165.1319 will be enforced from 10 a.m.
until 4 p.m. on August 3, 2023, and from 8 a.m. until 5 p.m. each day
from August 4, 2023, through August 6, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Peter J.
McAndrew, Sector Puget Sound Waterways Management Division, Coast
Guard; telephone (206) 217-6045, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Seafair Air
Show Performance safety zone in 33 CFR 165.1319 from 10 a.m. until 4
p.m. on August 3, 2023, and from 8 a.m. until 5 p.m. each day from
August 4, 2023, through August 6, 2023, unless canceled sooner by the
Captain of the Port. This action is being taken to provide for the
safety of life on navigable waterways during this 4-day event. Our
regulation for marine events within the Thirteenth Coast Guard
District, Sec. 165.1319(b), specifies the location of the regulated
area for the Seafair Air Show performance which encompasses portions of
Lake Washington.
During the enforcement periods, as reflected in Sec. 165.1319, no
person or vessel may enter or remain in the zone except for support
vessels and support personnel, vessels registered with the event
organizer, or other vessels authorized by the Captain of the Port or
designated representatives. Vessels and persons granted authorization
to enter the safety zone must obey all lawful orders or directions made
by the Captain of the Port or his designated representative.
The Captain of the Port (COTP) may be assisted by other Federal,
state, and local law enforcement agencies in enforcing this regulation.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts.
If the COTP determines that the safety zone need not be enforced
for the full duration stated in this notification of enforcement, he
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.
Dated: May 16, 2023.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2023-10794 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.941783 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0332-0001/content.htm"
} |
USCG-2023-0333-0001 | Rule | 2023-05-22T04:00:00 | Special Local Regulations; Seattle Seafair Unlimited Hydroplane Race, Lake Washington, WA | [Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Pages 32659-32660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10793]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0333]
Special Local Regulations; Seattle Seafair Unlimited Hydroplane
Race, Lake Washington, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce special local regulations for the
Seattle Seafair Unlimited Hydroplane Race from 8 a.m. to 5 p.m. on
Friday, August 4, 2023, and from 8 a.m. to 6 p.m. on August 5, 2023,
and August 6, 2023. This action is necessary to prevent injury and to
protect life and property of the maritime public from the hazards
associated with the aerial displays. The regulation prohibits persons
and vessels from being in the regulated areas unless authorized by the
Captain of the Port Puget Sound or a designated representative.
DATES: The regulations in 33 CFR 100.1301 will be enforced from 8 a.m.
to 5 p.m. on Friday, August 4, 2023, and from 8 a.m. to 6 p.m. on
August 5, 2023, and August 6, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Peter J.
McAndrew, Sector Puget Sound Waterways Management Division, Coast
Guard; telephone 206-217-6045, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1301 for the Seattle Seafair Unlimited
Hydroplane Race from 8 a.m. to 5 p.m. on Friday, August 4, 2023, and
from 8 a.m. to 6 p.m. on August 5, 2023, and August 6, 2023. This
action is being taken to provide for the safety of life on navigable
waterways during this three-day event. Our regulation for marine events
within the Thirteenth Coast Guard District, Sec. 100.1301(b),
specifies the location of the regulated area for the Seattle Seafair
Unlimited Hydroplane Race which encompasses portions of Lake
Washington. During the enforcement periods, if you are the operator of
a vessel in the regulated area you must comply with directions from the
Patrol Commander or any Official Patrol displaying a Coast Guard
ensign.
The regulated area has been divided into two zones. The zones are
separated by a line perpendicular from the I-90 Bridge to the northwest
corner of the East log boom and a line extending from the southeast
corner of the East log boom to the southeast corner of the hydroplane
racecourse and then to the northerly tip of Ohlers Island in Andrews
Bay. The western zone is designated Zone I, and the eastern zone is
designated Zone II. (Refer to National Oceanic and Atmospheric
Administration (NOAA) Chart 18447)
The Coast Guard will maintain a patrol consisting of Coast Guard
vessels,
[[Page 32660]]
assisted by Coast Guard Auxiliary vessels, in Zone II. The Coast Guard
patrol of this area is under the direction of the Coast Guard Patrol
Commander (the ``Patrol Commander''). The Patrol Commander is empowered
to control the movement of vessels on the race course and in the
adjoining waters during the periods this regulation is subject to
enforcement. The Patrol Commander may be assisted by other Federal,
state, and local law enforcement agencies.
Only vessels authorized by the Patrol Commander may be allowed to
enter Zone I during the hours this regulation is subject to
enforcement. Vessels in the vicinity of Zone I shall maneuver and
anchor as directed by Coast Guard Officers or Petty Officers.
During the times in which the regulation is enforced, the following
rules listed in the regulation will apply:
(1) Swimming, wading, or otherwise entering the water in Zone I by
any person is prohibited while hydroplane boats are on the racecourse.
At other times in Zone I, any person entering the water from the
shoreline shall remain west of the swim line, denoted by buoys, and any
person entering the water from the log boom shall remain within 10 feet
of the log boom.
(2) Any person swimming or otherwise entering the water in Zone II
shall remain within 10 feet of a vessel.
(3) Rafting to a log boom will be limited to groups of three
vessels.
(4) Up to six vessels may raft together in Zone II if none of the
vessels are secured to a log boom.
(5) Only vessels authorized by the Patrol Commander, other law
enforcement agencies or event sponsors shall be permitted to tow other
watercraft or inflatable devices.
(6) Vessels proceeding in either Zone I or Zone II during the hours
this regulation is subject to enforcement shall do so only at speeds
which will create minimum wake, seven miles per hour or less. This
maximum speed may be reduced at the discretion of the Patrol Commander.
(7) Upon completion of the daily racing activities, all vessels
leaving either Zone I or Zone II shall proceed at speeds of seven miles
per hour or less. The maximum speed may be reduced at the discretion of
the Patrol Commander.
(8) A succession of sharp, short signals by whistle or horn from
vessels patrolling the areas under the direction of the Patrol
Commander shall serve as signal to stop. Vessels signaled shall stop
and shall comply with the orders of the patrol vessel; failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
The Captain of the Port may be assisted by other Federal, state,
and local law enforcement agencies in enforcing this regulation.
If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notification, he
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area. In addition to this notification of
enforcement in the Federal Register, the Coast Guard plans to provide
notification of this enforcement period via the Local Notice to
Mariners and marine information broadcasts.
Dated: May 16, 2023.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2023-10793 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.942529 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0333-0001/content.htm"
} |
USCG-2023-0336-0001 | Rule | 2023-04-20T04:00:00 | Safety Zones in Reentry Sites; Tampa, and Tallahassee, Florida | [Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Rules and Regulations]
[Pages 24338-24339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08183]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0336]
Safety Zones in Reentry Sites; Tampa, and Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is activating two safety zones for the
National Aeronautics and Space Administration (NASA) Commercial
Resupply Service 27 (CRS 27) mission, reentry vehicle splashdown, and
recovery operations. These operations will occur in the U.S. Exclusive
Economic Zone (EEZ). Our regulation for safety zones in reentry sites
within the Seventh Coast Guard District identifies the regulated areas
for this event. No U.S.-flagged vessel may enter the safety zones
unless authorized by the Captain of the Port St. Petersburg or a
designated representative. Foreign-flagged vessels are encouraged to
remain outside the safety zones.
DATES: The regulations in 33 CFR 165.T07-0806 will be enforced for the
safety zones identified in the SUPPLEMENTARY INFORMATION section below
for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
First Class Regina Cuevas, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard Captain of the Port (COTP)
St. Petersburg is activating the Tampa and Tallahassee site safety
zones listed in 33 CFR 165.T07-0806(a)(4) and (a)(5), on April 14, 2023
through April 17, 2023, for the National Aeronautics and Space
Administration (NASA) Commercial Resupply Service 27 (CRS 27) mission,
reentry vehicle splashdown, and the associated recovery operations in
the U.S. EEZ. These safety zones are located within the COTP St.
Petersburg Area of Responsibility (AOR) offshore of Tampa
[[Page 24339]]
and Tallahassee, Florida. The Coast Guard is activating these zones in
order to protect vessels and waterway users from the potential hazards
created by reentry vehicle splashdowns and recovery operations. In
accordance with the general regulations in 33 CFR part 165, subpart C,
no U.S.-flagged vessel may enter the safety zones unless authorized by
the District Commander or a designated representative except as
provided in Sec. 165.T07-0806(d)(3). All foreign-flagged vessels are
encouraged to remain outside the safety zones.
There are three other safety zones listed in Sec. 165.T07-
0806(a)(1), (a)(2), and (a)(3), which are located within the COTP
Jacksonville AOR, in addition to a portion of zone listed in (a)(1)
that is located in the COTP Savannah AOR, that are being simultaneously
activated through a separate notifications of enforcement of the
regulation document issued under Docket Numbers USCG-2023-0302, and
USCG-2023-0331.\1\
---------------------------------------------------------------------------
\1\ These notifications of enforcement of the regulation can be
found at: https://regulations.gov by searching for docket number
USCG-2023-0302, and USCG-2023-0331.
---------------------------------------------------------------------------
Twenty-four hours prior to the recovery operations, the COTP or
designated representative will inform the public that only one of the
five safety zones described in Sec. 165.T07-0806, paragraph (a), will
remain activated (subject to enforcement). This zone will remain
activated until announced by Broadcast Notice to Mariners on VHF-FM
channel 16, and/or Marine Safety Information Bulletin (as appropriate)
that the safety zone is no longer subject to enforcement. After the CRS
27 reentry vehicle splashdown, the District Commander or a designated
representative will grant general permission to come no closer than 3
nautical miles of any reentry vehicle or space support vessel engaged
in the recovery operations, within the activated safety zone described
in Sec. 165.T07-0806, paragraph (a). Once the reentry vehicle, and any
personnel involved in reentry service, are removed from the water and
secured onboard a space support vessel, the District Commander or
designated representative will issue a Broadcast Notice to Mariners on
VHF-FM channel 16 announcing the activated safety zone is no longer
subject to enforcement. The recovery operations are expected to last
approximately one hour.
The Coast Guard may be assisted by other Federal, State, or local
law enforcement agencies in enforcing this regulation.
Dated: April 12, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Commander, Sector St. Petersburg.
[FR Doc. 2023-08183 Filed 4-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.944210 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0336-0001/content.htm"
} |
USCG-2023-0338-0001 | Rule | 2023-04-21T04:00:00 | Special Local Regulation; Marine Events; Annual Bayview Mackinac Race, Lake Huron, MI | [Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Pages 24480-24481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08453]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0338]
RIN 1625-AA08
Special Local Regulation; Marine Events; Annual Bayview Mackinac
Race, Lake Huron, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulations for
the annual Bayview Yacht Club Port Huron to Mackinac Race. This special
local regulation is necessary to safely control vessel movements in the
vicinity of the race and provide for the safety of the general boating
public and commercial shipping. During this enforcement
[[Page 24481]]
period, no person or vessel may enter the regulated area without the
permission of the Coast Guard Patrol Commander (PATCOM).
DATES: The regulation in 33 CFR 100.902 will be enforced from 10 a.m.
through 3 p.m. on July 15, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Tracy Girard, Waterway Management
Division, U.S. Coast Guard Sector Detroit, 110 Mt. Elliott Street,
Detroit, MI at (313) 568-9564 or [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in 33 CFR 100.902 for the Annual Bayview Mackinac Race
from 10 a.m. through 3 p.m. on July 15, 2023. This notice of
enforcement is necessary to safely control vessel movements in the
vicinity of the race and provide for the safety of the general boating
public and commercial shipping. This notice of enforcement applies to
all U.S. navigable waters of the Black River, St. Clair River, and
lower Lake Huron, bound by a line starting at latitude 042[deg]58'47''
N, longitude 082[deg]26'0'' W; then easterly to latitude
042[deg]58'24'' N, longitude 082[deg]24'47'' W; then northward along
the International Boundary to latitude 043[deg]02'48'' N, longitude
082[deg]23'47'' W; then westerly to the shoreline at approximate
location latitude 043[deg]02'48'' N, longitude 082[deg]26'48'' W; then
southward along the U.S. shoreline to latitude 042[deg]58'54'' N,
longitude 082[deg]26'01'' W; then back to the beginning [DATUM: NAD
83].
In order to ensure the safety of spectators and participating
vessels, the Coast Guard will patrol the race area under the direction
of a designated Coast Guard Patrol Commander (PATCOM). Vessels desiring
to transit the regulated area may do so only with prior approval of the
PATCOM and when so directed by that officer. The PATCOM may be
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard
Patrol Commander.'' Vessels permitted to transit the regulated area
will operate at no wake speed and in a manner which will not endanger
participants in the event or any other craft. The rules contained above
shall not apply to participants in the event or vessels of the patrol
operating in the performance of their assigned duties.
This notice of enforcement is issued under the authority of 33 CFR
100.902 and 5 U.S.C. 552(a). If the District Commander, Captain of the
Port or PATCOM determines that the regulated area need not be enforced
for the full duration stated in this notice, he or she may use a
Broadcast Notice to Mariners to grant general permission to enter the
regulated area.
Dated: April 17 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-08453 Filed 4-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.944959 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0338-0001/content.htm"
} |
USCG-2023-0340-0001 | Rule | 2023-05-05T04:00:00 | Safety Zones; Fireworks Displays in the Fifth Coast Guard District— Philadelphia, PA | [Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Rules and Regulations]
[Pages 28992-28993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09593]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0340]
Safety Zones; Fireworks Displays in the Fifth Coast Guard
District--Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Delaware River, Philadelphia,
PA
[[Page 28993]]
Safety Zone on May 27, 2023, or on a rain date of May 28, 2023, to
provide for the safety of life on navigable waterways during a barge-
based fireworks display. Our regulation for marine events within the
Fifth Coast Guard District identifies the boundaries of the regulated
area. During the enforcement period, no person or vessel may enter,
remain in, or transit through the regulated area, and anyone in the
vicinity must comply with directions from the Patrol Commander or any
Official Patrol displaying a Coast Guard ensign.
DATES: The portion of the regulation 33 CFR 165.506 for Philadelphia,
PA, as identified in entry 10 of table 1 to paragraph (h)(1), will be
enforced from 8:45 p.m. through 9:35 p.m. on May 27, 2023, or on a rain
date of May 28, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone 215-271-4814, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in table 1 to paragraph (h)(1) to 33 CFR 165.506, entry No. 10 for a
barge-based fireworks display from 8:45 p.m. through 9:35 p.m. on May
27, 2023, or on a rain date of May 28, 2023. This action is necessary
to ensure safety of life on the navigable waters of the United States
immediately prior to, during, and immediately after a fireworks
display. Our regulation for safety zones of fireworks displays within
the Fifth Coast Guard District, table 1 to paragraph (h)(1) to 33 CFR
165.506, entry 10 specifies the location of the regulated area as all
waters of the Delaware River, adjacent to Penn's Landing, Philadelphia,
PA, within a 500-yard radius of the fireworks barge position. The
approximate position for the display is latitude 39[deg]56'52'' N,
longitude 075[deg]08'09'' W. During the enforcement period, as
reflected in Sec. 165.506(d), vessels may not enter, remain in, or
transit through the safety zone unless authorized by the Captain of the
Port or designated Coast Guard patrol personnel on-scene.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via Local Notice to Mariners and Broadcast Notice to Mariners.
Dated: May 1, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2023-09593 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.945907 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0340-0001/content.htm"
} |
USCG-2023-0341-0001 | Rule | 2023-04-19T04:00:00 | Safety Zone; Hylebos Waterway, Tacoma, WA | [Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Rules and Regulations]
[Pages 24113-24115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08387]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0341]
RIN 1625-AA00
Safety Zone; Hylebos Waterway, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Hylebos Waterway in Tacoma, Washington. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a firefighting efforts
onboard the F/V KODIAK ENTERPRISE by emergency response personnel.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Puget Sound.
DATES: This rule is effective without actual notice from April 19, 2023
through 6 p.m. April 21, 2023. For the purposes of enforcement, actual
notice will be used from April 14, 2023 until April 19, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0341 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Steve Barnett, Sector Puget Sound, Waterways
Management Division, U.S. Coast Guard; telephone 206-217-6051, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget Sound
[[Page 24114]]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 9, 2023, the Coast Guard issued a rulemaking creating a
temporary safety zone on the navigable waters of the Hylebos Waterway
in Tacoma, Washington to protect persons and vessels and the marine
environment from potential hazards created by a firefighting efforts
onboard the F/V KODIAK ENTERPRISE by emergency response personnel. The
safety zone was effective from 6 p.m. April 9, 2023 through 6 p.m.
April 14, 2023. A copy of the rulemaking that ended on April 14, 2023
is available in the docket USCG-2022-0341, which can be found using
instructions in the ADDRESSES section. However, additional time is
needed to maintain safe navigation around response equipment and
responders while additional firefighting and damage assessment
operations occur, and, as a result, the Coast Guard is establishing
through temporary regulations a safety zone that will be in effect
through April 21, 2023. The Coast Guard is issuing this temporary rule
without prior notice and opportunity to comment pursuant to authority
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule due to the fire
onboard F/V KODIAK. Firefighting efforts are still ongoing, and several
dangerous conditions exist because of those firefighting response
efforts and the state of the vessel. The vessel is currently listing
with diesel fuel and other pollution hazards onboard. The Coast Guard
must take continued action to respond to a potential threat to public
safety in the Hylebos Waterway, Tacoma, WA. The Coast Guard was unable
to publish an NPRM and hold a reasonable comment period for this
rulemaking due to the emergent nature to continue response operations.
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 firefighting
efforts onboard F/V KODIAK ENTERPRISE.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Puget Sound
(COTP) has determined that potential safety hazards exist while ongoing
firefighting is taking place onboard the F/V KODIAK ENTERPRISE in the
Hylebos Waterway. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while response actions are taking place.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 p.m. on April
14, 2023 until 6 p.m. on April 21, 2023. The safety zone will cover all
navigable waters within the Hylebos Waterway in Tacoma, WA. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while firefighting
operations onboard the F/V KODIAK ENTERPRISE are ongoing. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the fact that the
safety zone created by this rule is limited in size and duration.
Critical vessel traffic will be able to safely transit through this
safety zone with permission from the COTP or designee. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship
[[Page 24115]]
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
We have analyzed this rule under that Order and have determined that it
is consistent with the fundamental federalism 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 only as long as necessary for response operations
that will prohibit entry or departure from the Hylebos Waterway,
Tacoma, WA. It is categorically excluded from further review under
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination will be available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0341 to read as follows:
Sec. 165.T13-0341 Safety Zone; Hylebos Waterway, Tacoma, WA.
(a) Location. The following area is a safety zone: from the
entrance to the Hylebos Waterway to the Turning Basin in Tacoma, WA.
(b) Definitions. As used in this section, 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 Sector Puget Sound in the enforcement of the safety
zone.
(c) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no persons or vessels may enter or remain in
the safety zone created in this unless authorized by the Captain of the
Port or their designated representative. For permission to enter the
safety zone, contact the on-scene designated representative or Joint
Harbor Operations Center via VHF CH16 or at 206-217-6002. Those in the
safety zone must comply with all lawful orders or directions given to
them by the Captain of the Port or their designated representative.
(d) Enforcement period. This section will be enforced from 6 p.m.
April 14, 2023 until 6 p.m. on April 21, 2023, unless an earlier end is
announced via Broadcast Notice to Mariners on VHF-FM marine channel 16.
Dated: April 14, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Puget
Sound.
[FR Doc. 2023-08387 Filed 4-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.946505 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0341-0001/content.htm"
} |
USCG-2023-0342-0001 | Proposed Rule | 2023-05-01T04:00:00 | Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI | [Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Proposed Rules]
[Pages 26512-26514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09155]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0342]
RIN 1625-AA00
Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Sturgeon Bay, WI. This action is necessary
to provide for the safety of life on these navigable waters during the
boat parade for the Graduates of Sturgeon Bay High School on June 3,
2023. This proposed rulemaking would restrict usage by persons and
vessels within the safety zone. At no time during the effective period
may non-parade vessels transit the waters of Sturgeon Bay between the
Highway 42 Bridge and Michigan Street Bridge. These restrictions would
apply to all vessels during the effective period unless authorized by
the Captain of the Port Lake Michigan or a designated representative.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 16, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
[[Page 26513]]
2023-0342 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill,
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone 414-747-7148, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 10, 2023, the principal of Sturgeon Bay High School
notified the Coast Guard that they will be conducting a boat parade for
graduates of the Class of 2023 on June 3, 2023 from 11:15 a.m. through
1 p.m. The boat parade will begin at Madelyn Marine, NW of Highway 42
bridge, proceed NW to the Michigan Street Bridge, cross the channel
towards the Maritime Museum, then proceed SE, crossing back across the
channel and ending at Madelyn Marine. The Captain of the Port has
determined that potential hazards associated with the boat parade would
be a safety concern for anyone within the safety zone that is not
participating in the boat parade.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters of Sturgeon Bay between the Highway 42 Bridge
and Michigan Street Bridge during the event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Captain of the Port is proposing to establish a safety zone
from 10 a.m. through 2 p.m. on June 3, 2023. The safety zone would
cover all navigable waters of Sturgeon Bay between the Highway 42
Bridge and Michigan Street Bridge. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the boat parade event. No vessels or person would be
permitted to enter the safety zone without obtaining permission from
the Captain of the Port or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
proposed rule will relatively small and is designed to minimize its
impact on navigable waters. This proposed rule will prohibit entry into
certain navigable waters of Sturgeon Bay, WI, and it is not anticipated
to exceed 2 hours in duration. Thus, restrictions on vessel movement
within that particular area are expected to be minimal. Moreover, under
certain conditions vessels may still transit through the safety zone
when permitted by the Captain of the Port Lake Michigan.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
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 rulemaking would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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
[[Page 26514]]
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 an expenditure, we do discuss the effects of this rulemaking
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves a safety
zone lasting 4 hours that would prohibit entry within a relatively
small portion of Sturgeon Bay. 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. 1. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0342 to read as follows:
Sec. 165.T09-0342 Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI
(a) Location. All navigable waters of Sturgeon Bay between the
Highway 42 Bridge and Michigan Street Bridge.
(b) Enforcement Period. The safety zone described in paragraph (a)
would be effective on June 3, 2023 from 10 a.m. through 2 p.m.
(c) Regulations.
(1) In accordance with the general regulations in section 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
(COTP) or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone during the boat parade must contact the COTP or
an on-scene representative to obtain permission to do so. The COTP or
an on-scene representative may be contacted via VHF Channel 16. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP or an on-scene
representative.
Dated: April 25, 2023.
Doreen McCarthy,
Commander, U.S. Coast Guard, Alternate Captain of the Port Lake
Michigan.
[FR Doc. 2023-09155 Filed 4-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.947893 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0342-0001/content.htm"
} |
USCG-2023-0343-0001 | Rule | 2023-04-25T04:00:00 | Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX | [Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24910-24912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08720]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0343]
RIN 1625-AA87
Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three temporary, 500-yard
radius, moving security zones for certain vessels carrying Certain
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La
Quinta Channel. The temporary security zones are needed to protect the
vessels, the CDC cargo, and the surrounding waterway from terrorist
acts, sabotage, or other subversive acts, accidents, or other events of
a similar nature. Entry of vessels or persons into these zones is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi or a designated representative.
DATES: This rule is effective without actual notice from April 25, 2023
until May 5, 2023. For the purposes of enforcement, actual notice will
be used from April 20, 2023, until April 25, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish these security zones by April 20, 2023 to ensure security of
these vessels and lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
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 contrary to the public interest because immediate
action is needed to provide for the security of these vessels.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Corpus Christi (COTP) has determined that potential hazards associated
with the transit of the Motor Vessel (M/V) BRITISH CONTRIBUTOR, M/V
CELCIUS CANBERRA and M/V ARISTARCHOS, when loaded, will be a security
concern within a 500-yard radius of each vessel. This rule is needed to
provide for the safety and security the vessels, their cargo, and
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other events of a similar nature while they are
transiting within Corpus Christi, TX, from April 20, 2023 through May
5, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing two 500-yard radius temporary
moving security zones around M/V BRITISH CONTRIBUTOR, M/V CELCIUS
CANBERRA and M/V ARISTARCHOS. The zones for the vessels will be
enforced from April 20, 2023, through May 5, 2023. The duration of the
zones are intended to protect the vessels and cargo and surrounding
waterway from terrorist acts, sabotage or other subversive acts,
accidents, or other events of a similar nature. No vessel or person
will be permitted to enter the security zones without obtaining
permission from the COTP or a designated representative.
Entry into these security zones is prohibited unless authorized by
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
(USCG) assigned to units under the operational control of USCG Sector
Corpus Christi. Persons or vessels desiring to enter or pass through
each zone must request permission from the COTP or a designated
representative on VHF-FM channel 16 or by telephone at 361-939-0450. If
permission is granted, all persons and vessels shall comply with the
instructions of the COTP or designated representative. The COTP or a
designated representative will inform the public through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate for the
enforcement times and dates for each security zone.
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. This rule has not been designated a ``significant
regulatory action,'' under
[[Page 24911]]
Executive Order 12866. Accordingly, this rule has not been reviewed by
the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
duration, and location of the security zones. This rule will impact a
small, designated area of 500-yards around the moving vessels in the
Corpus Christi Ship Channel and La Quinta Channel as the vessels
transit the channel over a sixteen day period. Moreover, the rule
allows vessels to seek permission to enter the zones.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary security zones may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 moving security zones lasting for the
duration of time that the M/V BRITISH CONTRIBUTOR, M/V CELCIUS CANBERRA
and M/V ARISTARCHOS are within the Corpus Christi Ship Channel and La
Quinta Channel while loaded with cargo. It will prohibit entry within a
500-yard radius of M/V BRITISH CONTRIBUTOR, M/V CELCIUS CANBERRA and M/
V ARISTARCHOS while the vessels are transiting loaded within Corpus
Christi Ship Channel and La Quinta Channel. It is categorically
excluded from further review under L60 in Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0343 to read as follows:
Sec. 165.T08-0343 Security Zones; Corpus Christi Ship Channel. Corpus
Christi, TX.
(a) Location. The following area are moving security zones: All
navigable waters encompassing a 500-yard radius around the M/V BRITISH
CONTRIBUTOR, M/V CELCIUS CANBERRA and M/V ARISTARCHOS while the vessels
are in the Corpus Christi Ship Channel and La Quinta Channel.
(b) Enforcement period. This section will be enforced from April
20, 2023 through May 5, 2023.
(c) Regulations. (1) The general regulations in Sec. 165.33 of
this part
[[Page 24912]]
apply. Entry into the zones is prohibited unless authorized by the
Captain of the Port Sector Corpus Christi (COTP) or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector Corpus Christi.
(2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at 361-939-0450.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
these security zones.
Dated: April 19, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-08720 Filed 4-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.949877 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0343-0001/content.htm"
} |
USCG-2023-0344-0001 | Rule | 2023-05-15T04:00:00 | Safety Zone; SFSU Graduation Fireworks; San Francisco Bay, San Francisco, CA | [Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30902-30904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10227]
[[Page 30902]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0344]
RIN 1625-AA00
Safety Zone; SFSU Graduation Fireworks; San Francisco Bay, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, outside McCovey Cove, in San
Francisco, CA in support of a fireworks display on May 26, 2023. The
safety zone is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by pyrotechnics.
Unauthorized persons or vessels are prohibited from entering,
transiting through, or remaining in the safety zone without the
permission of the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective from 10 a.m. until 10:10 p.m. on May 26,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0344 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at 415-399-7443,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until April 13, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by May
26, 2023, and lacks sufficient time to provide a reasonable comment
period and to consider those comments before issuing the rule.
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 contrary to public interest because action is
necessary to protect personnel, vessels and the marine environment from
the potential safety hazards associated with the fireworks display
outside McCovey Cove in San Francisco, CA on May 26, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the scheduled San Francisco State
University (SFSU) Graduation Fireworks display on May 26, 2023, will be
a safety concern for anyone within a 100-foot radius of the fireworks
vessel during loading and staging, and anyone within a 600-foot radius
of the fireworks vessel starting 30 minutes before the fireworks
display is scheduled to commence and ending 30 minutes after the
conclusion of the fireworks display. For this reason, this temporary
safety zone is needed to protect personnel, vessels, and the marine
environment in the navigable waters around the fireworks vessel and
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 10 a.m. until
10:10 p.m. on May 26, 2023, during the loading, staging, and transit of
the fireworks vessel from Westar Marine Service Pier 50, San Francisco,
CA, and until 30 minutes after completion of the fireworks display.
During the loading, staging, and transit of the fireworks vessel
scheduled to take place between 10 a.m. and 8 p.m. on May 26, 2023,
until 30 minutes prior to the start of the fireworks display, the
safety zone will encompass the navigable waters around and under the
fireworks vessel, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks vessel. The
fireworks display is scheduled to start at 9:30 p.m. and end
approximately 9:40 p.m. on May 26, 2023, outside of McCovey Cove within
the San Francisco Bay in San Francisco, CA.
At 9 p.m., which is 30 minutes prior to the commencement of the 10-
minute fireworks display, the safety zone will increase in size and
encompass the navigable waters around and under the fireworks vessel,
from surface to bottom, within a circle formed by connecting all points
600 feet from the circle center at approximate position 37[deg]46'36''
N, 122[deg]22'56'' W (NAD 83). The safety zone will terminate at 10:10
p.m. on May 26, 2023, or as announced via Marine Information Broadcast.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks loading, staging, transit, and
display site. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in a restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the Safety Zone. This regulation is necessary to ensure
the safety of participants, spectators, and transiting vessels.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts
[[Page 30903]]
access to the waters encompassed by the safety zone, the effect of this
rule will not be significant because the local waterways users will be
notified to ensure the safety zone will result in minimum impact. The
vessels desiring to transit through or around the temporary safety zone
may do so upon express permission from the COTP or the COTP's
designated representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone in the navigable waters around the loading,
staging, transit, and display of fireworks at Westar Marine Service
Pier 50 and outside McCovey Cove within San Francisco Bay. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-124 to read as follows:
Sec. 165.T11-124 Safety Zone; SFSU Graduation Fireworks; San
Francisco Bay, San Francisco, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
vessel during loading and staging at Westar Marine Service Pier 50 in
San Francisco, CA as well as transit and arrival to the display
location outside McCovey Cove, San Francisco Bay in San Francisco, CA.
Between 9 p.m. and 10:10 p.m. on May 26, 2023, the safety zone will
expand to all navigable waters, from surface to bottom, within a circle
formed by connecting all points 600 feet out from the fireworks vessel
in approximate position 37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83) or
as announced by Marine Information Bulletin.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer
[[Page 30904]]
designated by or assisting the Captain of the Port (COTP) San Francisco
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.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-23A or through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from 10 a.m.
until 10:10 p.m. on May 26, 2023.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.
Dated: May 7, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-10227 Filed 5-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.950793 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0344-0001/content.htm"
} |
USCG-2023-0345-0001 | Rule | 2023-04-25T04:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA | [Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24909-24910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08661]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0345]
Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Military Ocean Terminal Concord, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone in the navigable
waters of Suisun Bay, off Concord, CA, in support of explosive on-
loading to Military Ocean Terminal Concord (MOTCO) from April 26, 2023,
through May 5, 2023. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential explosion
within the explosive arc. The safety zone is open to all persons and
vessels for transitory use, but vessel operators desiring to anchor or
otherwise loiter within the safety zone must obtain the permission of
the Captain of the Port San Francisco or a designated representative.
All persons and vessels operating within the safety zone must comply
with all directions given to them by the Captain of the Port San
Francisco or a designated representative.
DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on April 26, 2023, until 11:59 p.m. on May 5, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email Lieutenant Anthony Solares,
Coast Guard Sector San Francisco, Waterways Management Division, 415-
399-3585, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on April 26, 2023, until 11:59 p.m. on
May 5, 2023, or as announced via marine local broadcasts. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from potential explosion within the explosive arc. The
[[Page 24910]]
regulation for this safety zone, Sec. 165.1198, specifies the location
of the safety zone which encompasses the navigable waters in the area
between 500 yards of MOTCO Pier 2 in position 38[deg]03'30'' N,
122[deg]01'14'' W and 3,000 yards of the pier. During the enforcement
periods, as reflected in Sec. 165.1198(d), if you are the operator of
a vessel in the regulated area you must comply with the instructions of
the COTP or the designated on-scene patrol personnel. Vessel operators
desiring to anchor or otherwise loiter within the safety zone must
contact Sector San Francisco Vessel Traffic Service at 415-556-2760 or
VHF Channel 14 to obtain permission.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via marine information broadcasts.
Dated: April 18, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-08661 Filed 4-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.952604 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0345-0001/content.htm"
} |
USCG-2023-0347-0001 | Rule | 2023-04-28T04:00:00 | Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco, CA | [Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26230-26232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09000]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0347]
RIN 1625-AA00
Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, off of Pier 15, in San
Francisco, CA in support of a fireworks display on April 29, 2023. The
safety zone is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without the
permission of the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective from 11 a.m. until 10:40 p.m. on April
29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0347 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at 415-399-7443,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 26231]]
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until April 17, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by
April 29, 2023, and lacks sufficient time to provide a reasonable
comment period and to consider those comments before issuing the rule.
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 contrary to public interest because action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the fireworks display
off Pier 15 in San Francisco, CA on April 29, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Francisco (COTP) has
determined that potential hazards associated with the scheduled Pier 15
Fireworks display on April 29, 2023, will be a safety concern for
anyone within a 100-foot radius of the fireworks vessel during loading
and staging, and anyone within a 300-foot radius of the fireworks
vessel starting 30 minutes before the fireworks display is scheduled to
commence and ending 30 minutes after the conclusion of the fireworks
display. For this reason, this temporary safety zone is needed to
protect personnel, vessels, and the marine environment on the navigable
waters around the fireworks vessel and during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 11 a.m. until
10:40 p.m. on April 29, 2023, during the loading, staging, and transit
of the fireworks vessel from Westar Marine Service Pier 50, San
Francisco, CA, and until 30 minutes after completion of the fireworks
display. During the loading, staging, and transit of the fireworks
vessel scheduled to take place between 11 a.m. and 8:30 p.m. on April
29, 2023, until 30 minutes prior to the start of the fireworks display,
the safety zone will encompass the navigable waters around and under
the fireworks vessel, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks vessel. The
fireworks display is scheduled to start at 10 p.m. and end at
approximately 10:10 p.m. on April 29, 2023, off Pier 15 within the San
Francisco Bay in San Francisco, CA.
At 9:30 p.m., 30 minutes prior to the commencement of the 10-minute
fireworks display, the safety zone will increase in size and encompass
the navigable waters around and under the fireworks vessel, from
surface to bottom, within a circle formed by connecting all points 300
feet from the circle center at approximate position 37[deg]48'7.33'' N,
122[deg]23'43.42'' W (NAD 83). The safety zone will terminate at 10:40
p.m. on April 29, 2023, or as announced via Marine Information
Broadcast.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks loading, staging, transit, and
display site. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in a restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the Safety Zone. Tis regulation is necessary to ensure
the safety of participants, spectators, and transiting vessels.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimal impact. The vessels desiring to transit through
or around the temporary safety zone may do so upon express permission
from the COTP or the COTP's designated representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The
[[Page 26232]]
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone in the navigable waters around the loading,
staging, transit, and display of fireworks at Westar Marine Service
Pier 50 and off of Pier 15 within San Francisco Bay. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T11-123 to read as follows:
Sec. 165.T11-123 Safety Zone; Pier 15 Fireworks; San Francisco Bay,
San Francisco, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
vessel during loading and staging at Westar Marine Service Pier 50 in
San Francisco, CA as well as transit and arrival to the display
location off Pier 15, San Francisco Bay in San Francisco CA. Between
9:30 p.m. and 10:40 p.m. on April 29, 2023, the safety zone will expand
to all navigable waters, from surface to bottom, within a circle formed
by connecting all points 300 feet out from the fireworks vessel in
approximate position 37[deg]48'07.33'' N 122[deg]23'43.42'' W (NAD 83)
or as announced by Marine Information Bulletin.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco 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.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-23A or through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from 11 a.m.
until 10:40 p.m. on April 29, 2023.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.
Dated: April 21, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-09000 Filed 4-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.953204 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0347-0001/content.htm"
} |
USCG-2023-0348-0001 | Rule | 2023-06-20T04:00:00 | Special Local Regulation; 39th Annual Sarasota P1 Powerboat Grand Prix; Gulf of Mexico | [Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Rules and Regulations]
[Page 39770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13008]
[[Page 39770]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0348]
Special Local Regulation; 39th Annual Sarasota P1 Powerboat Grand
Prix; Gulf of Mexico
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation on the
waters of the Gulf of Mexico, in the vicinity of Lido Beach, Florida,
during the Sarasota Powerboat Grand Prix. Our regulation for marine
events within the Captain of the Port St. Petersburg identifies the
regulated area for this event in Gulf of Mexico, in the vicinity of
Lido Beach, Florida. During the enforcement period, no person or vessel
may enter, transit through, anchor in, or remain within the designated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
DATES: The regulations in 33 CFR 100.703, Table 1 to Sec. 100.703,
Item 4 will be enforced daily from 8 a.m. until 5 p.m., on July 1,
2023, through July 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Chief Marine Science
Technician Ryan D. Shaak, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703, Table 1 to Sec. 100.703, Item No.
4, for the Sarasota Powerboat Grand Prix/Powerboat P-1 USA, LLC
regulated area from July 1, 2023, through July 2, 2023. This action is
being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for recurring marine events, Sector
St. Petersburg, Sec. 100.703, Table 1 to Sec. 100.703, Item No. 4,
specifies the location of the regulated area for the Sarasota Powerboat
Grand Prix/Powerboat P-1 USA, LLC which encompasses portions of the
Gulf of Mexico near Lido beach. During the enforcement periods, as
reflected in Sec. 100.703(c), if you are the operator of a vessel in
the regulated area you must comply with directions from the Patrol
Commander or any designated representative.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners, marine information
broadcasts, or both.
Dated: June 12, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2023-13008 Filed 6-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.954066 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0348-0001/content.htm"
} |
USCG-2023-0349-0001 | Rule | 2023-05-15T04:00:00 | Safety Zone: Pier 15 Fireworks; San Francisco Bay, San Francisco, CA | [Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30904-30906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10228]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0349]
RIN 1625-AA00
Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, off of Pier 15, in San
Francisco, CA in support of a fireworks display on May 20, 2023. The
safety zone is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without the
permission of the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective from 11 a.m. until 10:40 p.m. on May 20,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0349 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at 415-399-7443,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until April 17, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by May
20, 2023, and lacks sufficient time to provide a reasonable comment
period and to consider those comments before issuing the rule.
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 contrary to public interest because action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the fireworks display
off Pier 15 in San Francisco, CA on May 20, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Francisco (COTP) has
determined that potential hazards associated with the scheduled Pier 15
Fireworks display on May 20, 2023, will be a safety concern for anyone
within a 100-foot radius of the fireworks vessel during loading and
staging, and anyone within a 300-foot radius of the fireworks vessel
starting 30 minutes before the fireworks display is scheduled to
commence and ending 30 minutes after the conclusion of the fireworks
display. For this reason, this temporary safety zone is needed to
protect personnel, vessels, and the marine environment on the navigable
waters around the fireworks vessel and during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 11 a.m. until
10:40 p.m. on May 20, 2023, during the loading, staging, and transit of
the fireworks vessel from Westar Marine Service Pier 50, San Francisco,
CA, and until 30 minutes after completion of the fireworks display.
During the loading, staging, and transit of the fireworks vessel
scheduled to take place between 11 a.m. and 8:30 p.m. on May 20, 2023,
until 30 minutes prior to the start of the fireworks display, the
safety zone will encompass the navigable waters around and under the
fireworks vessel, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks vessel. The
fireworks display is scheduled to start at 10 p.m. and end at
approximately 10:10 p.m. on May 20, 2023, off Pier 15 within the San
Francisco Bay in San Francisco, CA.
At 9:30 p.m., 30 minutes prior to the commencement of the 10-minute
fireworks display, the safety zone will increase in size and encompass
the navigable waters around and under the fireworks vessel, from
surface to bottom, within a circle formed by connecting all points 300
feet from the circle center at approximate position 37[deg]48'7.33'' N,
122[deg]23'43.42'' W (NAD 83). The safety zone will terminate at 10:40
p.m. on May 20, 2023, or as announced via Marine Information Broadcast.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks loading, staging, transit, and
display site. Except for persons or vessels
[[Page 30905]]
authorized by the COTP or the COTP's designated representative, no
person or vessel may enter or remain in a restricted area. A
``designated representative'' means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel, or a Federal, State, or local officer
designated by or assisting the COTP in the enforcement of the Safety
Zone. This regulation is necessary to ensure the safety of
participants, spectators, and transiting vessels.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rue restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the temporary safety zine may do so upon express permission
from the COTP or the COTP's designated representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone in the navigable waters around the loading,
staging, transit, and display of fireworks at Westar Marine Service
Pier 50 and off of Pier 15 within San Francisco Bay. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 30906]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-125 to read as follows:
Sec. 165.T11-125 Safety Zone; Pier 15 Fireworks; San Francisco Bay,
San Francisco, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
vessel during loading and staging at Westar Marine Service Pier 50 in
San Francisco, CA as well as transit and arrival to the display
location off Pier 15, San Francisco Bay in San Francisco CA. Between
9:30 p.m. and 10:40 p.m. on May 20, 2023, the safety zone will expand
to all navigable waters, from surface to bottom, within a circle formed
by connecting all points 300 feet out from the fireworks vessel in
approximate position 37[deg]48'07.33'' N 122[deg]23'43.42'' W (NAD 83)
or as announced by Marine Information Broadcast.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco 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.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-23A or through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from 11 a.m.
until 10:40 p.m. on May 20, 2023.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.
Dated: May 7, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-10228 Filed 5-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.955320 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0349-0001/content.htm"
} |
USCG-2023-0350-0001 | Rule | 2023-07-06T04:00:00 | Special Local Regulations; Beaufort Water Festival and Air Show, Beaufort, SC | [Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43063-43064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14276]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0350]
Special Local Regulations; Beaufort Water Festival and Air Show,
Beaufort, SC
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce special local regulations at
various locations in Captain of the Port Charleston from July 14, 2023,
to July 22, 2023. Our regulation for marine events within the Captain
of the Port (COTP) Charleston identifies the regulated areas for these
annual events in South Carolina. This action is necessary to provide
for the safety of life on these navigable waters during marine events.
During the enforcement periods, if you are the operator of a vessel in
the regulated area you must comply with directions from the COTP
Charleston or designated representative.
DATES: The regulations in 33 CFR 100.704, will be enforced for the
special local regulations identified in the SUPPLEMENTARY INFORMATION
section below for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST1 Thomas J. Welker,
Sector Charleston, Waterways Management Division, U.S. Coast Guard;
telephone (843) 740-3184, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the following
special local regulations in 33 CFR 100.704, Table 1 to Sec. 100.704,
during the hours specified on the dates listed in the following Table:
[[Page 43064]]
Dates and Times of Enforcement of 33 CFR 100.704 Special Local Regulations at Various Locations in the Captain
of the Port Charleston in July 2023
----------------------------------------------------------------------------------------------------------------
No. Date/time Event/sponsor Location Regulated area
----------------------------------------------------------------------------------------------------------------
1................. July 14, 2023 through Beaufort Water Beaufort, SC........ Location: All waters 200
July 23, 2023: 8 Festival Sponsor: yards from seawall at
a.m. to 5 p.m. each Beaufort Water Waterfront Park
day. Festival. extending from Lady's
Island Bridge to Spanish
Point in Beaufort, SC.
2................. July 22, 2023: noon Beaufort Water Beaufort, SC........ Location: The following
to 5 p.m. Festival Air Show is a safety zone: A
Sponsor: Beaufort portion Beaufort River
Water Festival. near Riverfront Park in
Beaufort, SC. The zone
is 700 feet wide by 2600
feet in length on waters
of the Beaufort River
encompassed within the
following points: (1)
32[deg]25'47'' N/
080[deg]40'44'' W, (2)
32[deg]25'41'' N/
080[deg]40'14'' W, (3)
32[deg]25'35'' N/
080[deg]40'16'' W, (4)
32[deg]25'40'' N/
080[deg]40'46'' W.
----------------------------------------------------------------------------------------------------------------
This action is necessary to provide for the safety of life on these
navigable waters during marine events. During the enforcement periods,
as reflected in Sec. 100.704(c), if you are the operator of a vessel
in the regulated area you must comply with directions from the COTP
Charleston or designated representative.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts.
Dated: June 30, 2023.
C.F. Heard IV,
Commander, U.S. Coast Guard, Acting, Captain of the Port Sector
Charleston.
[FR Doc. 2023-14276 Filed 7-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.956172 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0350-0001/content.htm"
} |
USCG-2023-0352-0001 | Rule | 2023-04-27T04:00:00 | Safety Zone; Fairport Harbor, Fairport, OH | [Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Unknown Section]
[Pages 25494-25496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08947]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0352]
RIN 1625-AA00
Safety Zone; Fairport Harbor, Fairport, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Fairport Harbor, OH. The safety zone is
necessary and intended to protect personnel, vessels, and the marine
environment from hazards created by shoaling in the area.
DATES: This rule is effective without actual notice from April 27, 2023
through August 19, 2023. For enforcement purposes, actual notice will
be used from April 21, 2023, until April 27, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 25495]]
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0352 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jared Stevens, Waterways Management Division, U.S.
Coast Guard; telephone 216-937-0124, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard has learned that
significant shoaling has developed in the vicinity of the navigational
channel, and the nature and location of the shoaling presents an
imminent hazard to navigation. The safety zone must be established as
soon as possible for the safety of all personnel, vessels, and the
marine environment; thus, it is impracticable to publish an NPRM.
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 in
order to mitigate the safety hazards associated with the shoaling in
Fairport Harbor.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231), 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3. The Captain of the Port (COTP) Buffalo
has determined that the hazards associated with shoaling in Fairport
Harbor, OH are a safety concern for all marine traffic. This rule is
necessary to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone until dredging can be
completed in accordance with the U.S. Army Corps of Engineers' approved
project depth for the federally maintained sections of the waterway.
IV. Discussion of the Rule
This rule establishes a safety zone for all federally maintained
waters of Fairport Harbor, OH. The duration of the safety zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the federally maintained channel is
dredged in accordance with the approved U.S. Army Corps of Engineers
federal project depths. All vessels greater than 100 Gross Registered
Tons shall not meet or pass another vessel while navigating within the
safety zone.
The most recent U.S. Army Corps of Engineers project condition
surveys and hydrological surveys can be found on their website: https://www.lrb.usace.army.mil/Library/Maps-and-Charts/.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
regarding the safety zone, and this regulatory action allows vessel
traffic to transit within and around the safety zone under the
conditions outlined in this rulemaking.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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
[[Page 25496]]
power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 approximately 120 days, or until cancelled. This
rule requires all vessels greater than 100 Gross Registered Tons shall
not meet or pass another vessel while navigating within the safety
zone. It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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
Marine safety, Navigation (water), reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034,50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 1.3
0
2. Add Sec. 165.T-090352 to read as follows:
Sec. 165.T-090352 Fairport Harbor Shoaling, Fairport, OH.
(a) Location. The following area is a safety zone: all federally
maintained waters within Fairport Harbor, OH.
(b) Definitions. Official Patrol Vessel 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 COTP Buffalo in the enforcement
of the regulations in this section.
(c) Regulations. (1) All vessels greater than 100 Gross Registered
Tons shall not meet nor pass another vessel while navigating within the
safety zone.
(2) The Coast Guard may patrol the safety zone under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.''
(3) No vessel shall anchor, block, loiter, or impede the through
transit of vessels in the regulated area during the effective dates and
times, unless cleared by or through an official patrol vessel. The
Patrol Commander may forbid and control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both.
(4) Any vessel may anchor outside the regulated areas specified in
this chapter, but may not anchor in, block, or loiter in a navigable
channel.
(5) The Patrol Commander may terminate the operation of any vessel
at any time it is deemed necessary for the protection of life or
property.
(6) The Patrol Commander will terminate enforcement of the special
regulations upon satisfactory completion of dredging operations in
consultation with U.S. Army Corps of Engineers and the COTP Buffalo.
(d) Enforcement Period. This safety zone will be enforced for 120
days starting on April 21, 2023.
Dated: April 21, 2023.
S.M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-08947 Filed 4-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.956958 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0352-0001/content.htm"
} |
USCG-2023-0353-0001 | Rule | 2023-06-05T04:00:00 | Safety Zone; Kanawha River, Charleston, WV | [Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36477-36479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11848]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0353]
RIN 1625-AA00
Safety Zone; Kanawha River, Charleston, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone June
30, 2023, through July 4, 2023, on the Kanawha River, Charleston, WV,
for events associated with the Charleston Sternwheel Regatta. The
safety zone will cover all navigable waters between mile marker 58 and
59. This action is necessary to protect regatta participants, the
public, and the marine environment from potential hazards created by a
regatta, as well as fireworks. This rulemaking prohibits persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Ohio Valley or a designated representative.
DATES: This rule is effective from 9 p.m. on June 30, 2023, through
9:45 p.m. on July 4, 2023. This rule will be enforced: 9 p.m. through
11 p.m. on June 30, 2023; 11:30 a.m. through 2:30 p.m. on July 2, 2023;
and 9 p.m. through 10 p.m. on July 4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0353 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1 Chelsea Zimmerman, Marine
Safety Unit Huntington, U.S. Coast Guard; (304) 733-0198,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable and
contrary to the public interest to do so. We must establish the safety
zone by June 30, 2023, in order to protect the public from potential
hazards associated with the planned events and we lack sufficient time
to request public comments and respond to these comments before the
safety zone must be established. Potential hazards could be falling
debris from firework displays launched over the river, or marine
casualties while transiting the safety zone during sternwheel races.
For those same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying the
effective date of this rule would be impracticable and contrary to the
public interest because immediate action is needed to respond to the
potential safety hazards associated with the Charleston Sternwheel
Regatta taking place on the Kanawha River, Charleston, WV.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with the Charleston Sternwheel Regatta
will be a safety concern for anyone between mile marker 58 and 59 on
the Kanawha River, Charleston, WV, starting June 30, 2023. This rule is
needed to protect participants, vessels, and the marine environment in
these navigable waters for the duration of the event.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. on June 30, 2023,
until 10 p.m. on July 4, 2023. The safety zone will be enforced: 9 p.m.
through 11 p.m. on June 30, 2023; 11:30 a.m. through 2:30 p.m. on July
2, 2023; and 9 p.m. through 10 p.m. on July 4, 2023. The safety zone
will cover all navigable waters between mile marker 58 and 59 on the
Kanawha River, Charleston, WV. The duration of enforcement of the
[[Page 36478]]
safety zones are intended to protect participants, vessels, and the
marine environment from potential hazards associated with firework
events and a regatta.
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. This rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this rule
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on size, location,
duration, and time-of-day of the safety zone. Vessel traffic will be
able to safely transit around this safety zone which would impact a
small, designated area of the Kanawha River for 3 hours or less where
vessel traffic is normally light. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 3a
safety zone that will be enforced on three separate occasions, each
occasion lasting 3 hours or less that will prohibit vessels from all
navigable water between mile marker 58 and 59 on the Kanawha River,
Charleston, WV. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0353 to read as follows:
[[Page 36479]]
Sec. 165.T08-0353 Safety Zone; Kanawha River, Charleston, WV.
(a) Location. The following area is a safety zone: all navigable
waters between mile marker 58 and 59 on the Kanawha River, Charleston,
WV.
(b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), 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 Ohio Valley (COTP) in the enforcement of the regulations in this
section.
Participant means any person or vessel registered with the event
sponsor as a participant in the race.
Spectator vessel means any vessel not registered with the event
sponsor as a participant in the race or assigned as an official patrol
vessel.
(c) Regulations. The Coast Guard may patrol the event area under
the direction of a designated Coast Guard Patrol Commander. The Patrol
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call
sign ``PATCOM.''
(1) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state or local
law enforcement and sponsor provided vessels assigned or approved by
the Commander, Eighth Coast Guard District, to patrol the event.
(2) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(3) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(4) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(5) Any spectator vessel may anchor outside the regulated area
specified above, but may not anchor in, block, or loiter in a navigable
channel.
(6) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(7) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM marine radio channel 16 or phone at 1-800-253-
7465. Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
(8) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
(d) Enforcement periods. This safety zone will be enforced: 9 p.m.
through 11 p.m. on June 30, 2023; from 11:30 a.m. through 2:30 p.m. on
July 2, 2023; and from 9 p.m. through 10 p.m. on July 4, 2023.
Dated: May 26, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2023-11848 Filed 6-2-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.958527 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0353-0001/content.htm"
} |
USCG-2023-0354-0001 | Rule | 2023-05-19T04:00:00 | Safety Zone: Kanawha River, Nitro, WV | [Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32110-32112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10715]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0354]
RIN 1625-AA00
Safety Zone; Kanawha River, Nitro, WV
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters of the Kanawha River between mile markers 43 and 44.
The safety zone is needed to protect personnel, vessels, and the marine
environment from the potential hazards created by a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by Captain of the Port Marine Safety Unit
Huntington.
DATES: This rule is effective from 9 p.m. through 10 p.m. on May 27,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0354 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Chelsea Zimmerman, Marine Safety Unit Huntington,
U.S. Coast Guard; (304) 733-0198, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish the safety zone by
May 27, 2023, and lack sufficient time to request public comments and
respond to these comments before the safety zone must be established.
Waiting for a full comment period to run would inhibit the Coast
Guard's ability to keep the public safe from the hazards associated
with a fireworks display and the ability to minimize the impact to
vessel traffic on the navigable waterway.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the Nitro Memorial Day Celebration taking place on the Kanawha
River between mile marker 43 and mile marker 44.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with Nitro Memorial Day Celebration
starting May 27, 2023, will be a safety concern for anyone on the
Kanawha River from mile marker 43 to mile marker 44. This rule is
needed to protect personnel, vessels, and the marine environment from
potential hazards associated with a fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10 p.m. on
May 27, 2023. The safety zone will cover all navigable waters between
mile markers 43 and 44 on the Kanawha River. The duration of the safety
zone is intended to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of the COTP. To seek permission to enter,
contact the COTP or a designated representative via VHF-FM channel 16,
or through Marine Safety Unit Huntington at 304-563-9084. Persons and
vessels permitted to enter the safety zone must comply with all lawful
orders or directions issued by the COTP or designated representative.
The COTP or a designated representative will inform the public of the
effective period for the safety zone as well as any changes in the
dates and times of enforcement through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts a
1-mile stretch of the Kanawha River for a limited duration of less than
2 hours. Vessel traffic will be informed about the safety zone through
local notices to mariners. Moreover, the Coast Guard will issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to transit the
zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a
[[Page 32111]]
significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 one hour that will limit access of the Kanawha
River from mile marker 43 to mile marker 44. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0354 to read as follows:
Sec. 165.T08-0354 Safety Zone; Kanawha River, Nitro, WV.
(a) Regulated area. The regulations in this section apply to the
following area: all navigable waters of the Kanawha River from mile
marker 43 to mile marker 44 near Nitro City Park, Park Avenue, Nitro,
WV.
(b) Definitions. As used in this section:
Designated representative means a Coast Guard Patrol Commander
(PATCOM), 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 Ohio Valley
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) The Coast Guard may patrol the event area
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state or local
law enforcement, and sponsor provided vessels assigned or approved by
the Commander, Eighth Coast Guard District, to patrol the event.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(4) No spectator shall anchor, block, loiter, or impede the through
transit of participants or official patrol vessels in the regulated
area during the enforcement period in paragraph (d) of this section,
unless cleared for entry by or through an official patrol vessel.
(5) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or
[[Page 32112]]
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(6) Any spectator vessel may anchor outside the regulated area
specified in paragraph (a) of this section, but may not anchor in,
block, or loiter in a navigable channel.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM marine radio channel 16 or phone at 1-800-253-
7465. Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
(9) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
(d) Enforcement period. The safety zone in paragraph (a) of this
section will be enforced from 9 p.m. to 10 p.m. on May 27, 2023.
Dated: May 9, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2023-10715 Filed 5-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.960688 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0354-0001/content.htm"
} |
USCG-2023-0355-0001 | Rule | 2023-06-07T04:00:00 | Safety Zone: Kanawha River, Charleston, WV | [Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37147-37149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12151]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0355]
RIN 1625-AA00
Safety Zone; Kanawha River, Charleston, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters of the Kanawha River between mile markers 58.1 and
59.1. The safety zone is needed to protect personnel, vessels, and the
marine environment from the potential hazards created by a fireworks
display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by Captain of the Port Marine Safety
Unit Huntington.
DATES: This rule is effective from 8:45 p.m. on June 30, 2023, through
10:15 p.m. on September 4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0355 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Chelsea Zimmerman, Marine Safety Unit Huntington,
U.S. Coast Guard; (304)733-0198, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish the safety zone by
June 30, 2023, and lack sufficient time to request public comments and
respond to these comments before the safety zone must be established.
Waiting for a full comment period to run would inhibit the Coast
Guard's ability to keep the public safe from the hazards associated
with a fireworks display and the ability to minimize the impact to
vessel traffic on the navigable waterway.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the Nitro Memorial Day Celebration taking place on the Kanawha
River between mile marker 43 and mile marker 44.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with Live on the Levee 2023 starting June
30, 2023, will be a safety concern for anyone on the Kanawha River from
mile marker 58.1 to mile marker 59.1. This rule is needed to protect
personnel, vessels, and the marine environment from potential hazards
associated with a fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:45 p.m. through 10:15
p.m. on June 30, 2023 with a rain date of July 1, 2023, or July 2,
2023, and a safety zone from 8:45 p.m. through 10:15 p.m. on July 4,
2023, with a rain date of September 4, 2023. The safety zone will cover
all navigable waters between mile markers 58.1 and 59.1 on the Kanawha
River. The duration of the safety zone is intended to protect
personnel, vessels, and the marine environment from potential hazards
created by a fireworks display.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or
[[Page 37148]]
a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of the COTP. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through Marine Safety Unit Huntington at 304-
733-0198. Persons and vessels permitted to enter the safety zone must
comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement through Local
Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or
Marine Safety Information Bulletins (MSIBs), as appropriate.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts a
1-mile stretch of the Kanawha River for a limited duration of less than
2 hours. Vessel traffic will be informed about the safety zone through
local notices to mariners. Moreover, the Coast Guard will issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to transit the
zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 of limited duration of less than 2 hours that will limit
access of the Kanawha River from mile marker 58.1 to mile marker 59.1.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
[[Page 37149]]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0355 to read as follows:
Sec. 165.T08-0355 Safety Zone; Kanawha River, Charleston, WV.
(a) Location. The following area is a safety zone: All navigable
waters of the Kanawha River from mile marker 58.1 to mile marker 59.1
near Haddad Riverfront Park, Charleston, WV.
(b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), 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 Ohio Valley (COTP) in the enforcement of the regulations in this
section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) The Coast Guard may patrol the event area
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state or local
law enforcement and sponsor provided vessels assigned or approved by
the Commander, Eighth Coast Guard District, to patrol the event.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(4) No spectator shall anchor, block, loiter, or impede the through
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared for entry by
or through an official patrol vessel.
(5) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated area
specified above, but may not anchor in, block, or loiter in a navigable
channel.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM marine radio channel 16 or phone at 1-800-253-
7465. Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
(9) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
(d) Enforcement periods. (1) The safety zone described in paragraph
(a) will be enforced from 8:45 p.m. through 10:15 p.m. on June 30,
2023, with a rain date of July 1, 2023, or July 2, 2023.
(2) The safety zone described in paragraph (a) will be enforced
from 8:45 p.m. through 10:15 p.m. on July 4, 2023, with a rain date of
September 4, 2023.
Dated: May 30, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2023-12151 Filed 6-6-23; 8:45 am]
BILLING CODE P
| uscg | 2024-06-07T20:51:05.962368 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0355-0001/content.htm"
} |
USCG-2023-0361-0001 | Rule | 2023-06-08T04:00:00 | Safety Zones; Fireworks Displays in the Fifth Coast Guard District— Philadelphia, PA | [Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37471-37472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12266]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0361]
Safety Zones; Fireworks Displays in the Fifth Coast Guard
District--Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Delaware River, Philadelphia,
PA Safety Zone for fireworks displays on two separate periods. The
safety zone will first be enforced on June 21, 2023, and again, on July
1, 2023. This is to provide for the safety of life on navigable
waterways during each of two separate barge-based fireworks displays.
Our regulation for marine events within the Fifth Coast Guard District
identifies the regulated area for this event in Philadelphia, PA.
During the enforcement period, no person or vessel may enter, remain
in, or transit through the regulated area, and anyone in the vicinity
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulation at 33 CFR 165.506, for Philadelphia, PA, will be
enforced for the location identified in entry 10 of table 1 to
paragraph (h)(1) from 8:35 p.m. through 9:20 p.m. on June 21, 2023, or
on a rain date of June 22, 2023, and from 9:15 p.m. to 10:15 p.m. on
July 1, 2023, or on a rain date of July 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone 215-271-4814, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in table 1 to paragraph (h)(1) to 33 CFR 165.506, entry No. 10 for two
periods, for two separate barge-based fireworks displays. The first
enforcement period will be from 8:35 p.m. through 9:20 p.m. on June 21,
2023, or on a rain date of June 22, 2023. The second enforcement period
will be from 9:15 p.m. to 10:15 p.m. on July 1, 2023, or on a rain date
of July 2, 2023. This action is necessary to ensure safety of life on
the navigable waters of the United States immediately prior to, during,
and immediately after
[[Page 37472]]
fireworks displays. Our regulation for safety zones of fireworks
displays within the Fifth Coast Guard District, table 1 to paragraph
(h)(1) to 33 CFR 165.506, entry 10 specifies the location of the
regulated area as all waters of the Delaware River adjacent to Penn's
Landing, Philadelphia, PA, within a 500-yard radius of the fireworks
barge position. The approximate position for the displays is latitude
39[deg]56'52'' N, longitude 075[deg]08'09'' W. During the enforcement
period, as reflected in Sec. 165.506(d), vessels may not enter, remain
in, or transit through the safety zone unless authorized by the Captain
of the Port or designated Coast Guard patrol personnel on-scene.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via Local Notice to Mariners and Broadcast Notice to Mariners.
Dated: June 2, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-12266 Filed 6-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.962999 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0361-0001/content.htm"
} |
USCG-2023-0364-0001 | Proposed Rule | 2023-05-22T04:00:00 | Safety Zone; Monongahela River Mile Marker 122–122.5, Rivesville, WV | [Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32713-32715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10765]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0364]
RIN 1625-AA00
Safety Zone; Monongahela River Mile Marker 122-122.5, Rivesville,
WV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Monongahela River at mile marker 122-122.5 from 10 p.m.
through 10:30 p.m. This action is necessary to provide for the safety
of life on these navigable waters during firework display on July 2,
2023. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Pittsburgh (COTP) or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0364 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Eyobe
[[Page 32714]]
Mills, Marine Safety Unit Pittsburgh, U.S. Coast Guard; at telephone
412-221-0807 ext. 225, email Eyobe.D. [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 11, 2023, the Town of Rivesville notified the Coast Guard
that it will be conducting a firework show display from 10 p.m. through
10:30 p.m. on July 2, 2023. The firework display will be conducted on
land and the fallout zone will be approximately 100 feet into the
Monongahela River. Hazards from the firework show displays include
dangerous projectiles and falling firework debris.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the safety zone before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary safety zone from 10
p.m. through 10:30 p.m. on July 2, 2023. The safety zone would cover
all navigable waters on the Monongahela River from mile 122 to mile
122.5. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled firework display. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This safety zone impacts 0.5
miles stretch of the Monongahela River for a short amount of time of 30
minutes on one evening. Vessel traffic will be informed about the
safety zone through local notice to mariners. Moreover, the Coast Guard
will issue Local Notice to Marines, Broadcast Notice to Mariner via
VHF-FM marine channel 16 about the zone and the rule allows vessels to
seek permission from the COTP to transit the zone.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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
[[Page 32715]]
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 a temporary safety zone
lasting 30 minutes that would prohibit entry within the Monongahela
River from mile 122 to mile 122.5. Normally such actions are
categorically excluded from further review under paragraph L[60a] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0364 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0364 to read as follows:
Sec. 165.T08-0364 Safety Zone; Monongahela River, Miles 122-122.5,
Rivesville, WV.
(a) Location. The following area is a temporary safety zone: all
navigable waters of the Allegheny River from mile 122 to mile 122.5.
(b) Definitions. As used in this section, 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 Pittsburgh (COTP) 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by phone at 412-670-4288. 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) Enforcement period. This section will be enforced from 10 p.m.
through 10:30 p.m. on July 2, 2023.
Eric J. Velez.
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2023-10765 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.963918 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0364-0001/content.htm"
} |
USCG-2023-0366-0002 | Proposed Rule | 2023-09-14T04:00:00 | Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone
Virginia |
[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Proposed Rules]
[Pages 63042-63045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19863]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0366]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With
High Winds; Captain of the Port Zone Virginia
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a safety zone for
the navigable waters of the Sector Virginia Captain of the Port (COTP)
Zone, to be enforced in the event of hurricanes, tropical storms, and
other storms with high winds. This action is necessary to ensure the
safety of the waters of the Sector Virginia COTP Zone. This proposed
rulemaking would establish actions to be completed by industry and
vessels within the COTP Zone before hurricanes, tropical storms, and
other storms with high winds threatening the State of Virginia make
landfall, and afterwards as well. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 16, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0366 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Ashley Holm, Chief Waterways
Management Division U.S. Coast Guard; 757-617-7986,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MTS Marine Transportation System
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Virginia has the potential to be affected by hurricanes and
tropical storms on a yearly basis, especially between the months of
June and November. Additionally, severe storms generating high winds
and rough seas are also common in the winter months. The Sector
Virginia COTP proposes establishing a safety zone to protect mariners,
port infrastructure, and the environment during and after these severe
weather events. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone on the
navigable waters of the Sector Virginia COTP Zone during hurricanes,
tropical storms, and other storms with high winds. This safety zone
would establish actions to be completed by local industry and vessels
in the COTP zone prior to landfall of hurricanes, tropical storms, and
other storms with high winds threatening Virginia and in the aftermath
of landfall. Port Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and
RECOVERY) are standardized terms for states of operation instituted by
the COTP which are clearly communicated to port
[[Page 63043]]
facilities, vessels, and members of the Marine Transportation System
(MTS).
Actions to be taken by vessels is provided in the language of the
proposed rule. In addition, ports and waterfront facilities are
encouraged to take action when specific Port Conditions are declared.
Under Port Condition WHISKEY, ports and waterfront facilities should
remove all debris and secure potential flying hazards. Upon a
declaration that Port Condition X-RAY is in effect, port facilities
should ensure that potential flying debris and hazardous materials are
removed, and that loose cargo and cargo equipment is secured. Upon a
declaration of Port Condition YANKEE, terminal operators should
terminate all cargo operations not associated with storm preparations.
All facilities should continue to operate in accordance with approved
Facility Security Plans (as defined at 33 CFR 101.105, and as further
described in 33 CFR 105.400 to 105.415), and to comply with all
applicable requirements of the Maritime Transportation Security Act of
2002 (46 U.S.C. chapter 701).
Under the proposed rule, the COTP would retain flexibility in
controlling and reconstituting vessel traffic during periods of heavy
weather, and it would allow for the expedited resumption of the MTS
following such events. The proposed safety zone would consist of all
waters of the territorial seas within the Sector Virginia COTP Zone, as
defined in 33 CFR 3.25-10. Portions of the safety zone might be
activated at different times, as conditions dictated. Notice of Port
Conditions and their requirements would be given via Marine Safety
Information Bulletins and Broadcast Notice to Mariners. The regulatory
text we are proposing appears at the end of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the
NPRM has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the necessity to
protect life, port infrastructure, and the environment during
hurricanes, tropical storms, and other storms with high winds. The
scope of the regulation is narrow and will only apply when a hurricane,
tropical storm, or other storm with high winds impacts the navigable
waters of the Virginia COTP Zone. These events are infrequent and of
short duration. Regulatory restrictions will be lifted as soon as
practicable.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 rulemaking would economically affect it.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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
[[Page 63044]]
the human environment. This proposed rule involves a safety zone that
would prohibit entry in certain waters of the Sector Virginia COTP Zone
for the duration needed to ensure safe transit of vessels and industry
before and after a hurricane, tropical storm, or other storm with high
winds. 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. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0366 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.520 to read as follows:
Sec. 165.520 Safety Zone; Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Virginia.
(a) Regulated Areas. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone (COPT) Virginia, as described
in 33 CFR 3.25-10, or some portion of those waters, during specified
conditions. Port conditions and safety zone activation may vary for
different portions of the regulated area at different times, based on
storm conditions and its projected track.
(b) Definitions. (1) Captain of the Port means Commander, Coast
Guard Sector Virginia.
(2) Representative means any Coast Guard commissioned, warrant, or
petty officer or civilian employee who has been authorized to act on
the behalf of the Captain of the Port.
(3) Port Condition WHISKEY means a condition set by the COTP when
National Weather Service (NWS) weather advisories indicate sustained
gale force winds (39-54 mph/34-47 knots) are predicted to reach the
COTP zone within 72 hours.
(4) Port Condition X-RAY means a condition set by the COTP when NWS
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) are predicted to reach the COTP zone within 48 hours.
(5) Port Condition YANKEE means a condition set by the COTP when
NWS weather advisories indicate that sustained gale force winds (39-54
mph/34-47 knots) are predicted to reach the COTP zone within 24 hours.
(6) Port Condition ZULU means a condition set by the COTP when NWS
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) are predicted to reach the COTP zone within 12 hours.
(7) Port Condition RECOVERY means a condition set by the COTP when
NWS weather advisories indicate that sustained gale force winds (39-54
mph/34-47 knots) are no longer predicted for the regulated area. This
port condition remains in effect until the regulated areas are deemed
safe and are reopened to normal operations.
(c) Regulations--(1) Port Condition WHISKEY. All vessels must
exercise due diligence in preparation for potential storm impacts. All
oceangoing tank barges and their supporting tugs and all self-propelled
oceangoing vessels over 500 gross tons (GT) must make plans to depart
no later than setting of Port Condition Yankee unless authorized by the
COTP. The COTP may modify the geographic boundaries of the regulated
area and actions to be taken under Port Condition WHISKEY, based on the
trajectory and forecasted storm conditions.
(2) Port Condition X-RAY. All vessels must ensure that potential
flying debris and hazardous materials are removed, and that loose cargo
and cargo equipment is secured. Vessels at facilities must carefully
monitor their moorings and cargo operations. Additional anchor(s) must
be made ready to let go, and preparations must be made to have a
continuous anchor watch during the storm. Engine(s) must be made
immediately available for maneuvering. Also, vessels must maintain a
continuous listening watch on VHF Channel 16. All oceangoing tank
barges and their supporting tugs and all self-propelled oceangoing
vessels over 500 GT must prepare to depart the port and anchorages
within the affected regulated area. These
[[Page 63045]]
vessels shall depart immediately upon the setting of Port Condition
YANKEE. During this condition, slow-moving vessels may be ordered to
depart to ensure safe avoidance of the incoming storm. Vessels that are
unable to depart the port must contact the COTP to receive permission
to remain in port. Vessels with COTP's permission to remain in port
must implement their pre-approved mooring arrangement. The COTP may
require additional precautions to ensure the safety of the ports and
waterways. The COTP may modify the geographic boundaries of the
regulated area and actions to be taken under Port Condition X-RAY based
on the trajectory and forecasted storm conditions.
(3) Port Condition YANKEE. Affected ports are closed to all inbound
vessel traffic. All oceangoing tank barges and their supporting tugs
and all self-propelled oceangoing vessels over 500 GT must have
departed the regulated area. The COTP may require additional
precautions to ensure the safety of the ports and waterways. The COTP
may modify the geographic boundaries of the regulated area and actions
to be taken under Port Condition YANKEE based on the trajectory and
forecasted storm conditions.
(4) Port Condition ZULU. Cargo operations are suspended, except
final preparations that are expressly permitted by the COTP as
necessary to ensure the safety of the ports and facilities. Other than
vessels designated by the COTP, no vessels may enter, transit, move, or
anchor within the regulated area. The COTP may modify the geographic
boundaries of the regulated area and actions to be taken under Port
Condition ZULU based on the trajectory and forecasted storm conditions.
(5) Port Condition RECOVERY. Designated areas are closed to all
vessels. Based on assessments of channel conditions, navigability
concerns, and hazards to navigation, the COTP may permit vessel
movements with restrictions. Restrictions may include, but are not
limited to, preventing, or delaying vessel movements, imposing draft,
speed, size, horsepower or daylight restrictions, or directing the use
of specific routes. Vessels permitted to transit the regulated area
shall comply with the lawful orders or directions given by the COTP or
representative.
(6) Regulated Area Notice. The Coast Guard will provide notice of
where, within the regulated area, a declared Port Condition is to be in
effect via Broadcast Notice to Mariners, Marine Safety Information
Bulletins, or by on-scene representatives.
(7) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: September 8, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-19863 Filed 9-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.965922 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0366-0002/content.htm"
} |
USCG-2023-0366-0004 | Rule | 2023-11-03T04:00:00 | Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone Sector Virginia |
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75495-75498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24304]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0366]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With
High Winds; Captain of the Port Zone Sector Virginia
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the
navigable waters of the Sector Virginia Captain of the Port (COTP)
Zone, to be enforced in the event of hurricanes, tropical storms, and
other storms with high winds. This action is necessary to ensure the
safety of the waters of the Sector Virginia COTP Zone. This rule
establishes actions to be completed by industry and vessels within the
COTP Zone before hurricanes, tropical storms, and other storms with
high winds threatening the State of Virginia make landfall, and
afterwards as well.
DATES: This rule is effective December 4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0366 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Ashley Holm, Chief Waterways Management Division
U.S. Coast Guard; 757-617-7986, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Virginia has the potential to be affected by hurricanes and
tropical storms on a yearly basis, especially between the months of
June and November. Additionally, severe storms generating high winds
and rough seas are also common in the winter months. In response, on
September 14, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Hurricanes, Tropical Storms,
and other Storms with High Winds; Captain of the Port Zone Virginia''
(88 FR 63042). 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 October 16, 2023, we received one
comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Virginia (COTP) has determined
that potential hazards associated with hurricanes, tropical storms, and
other storms pose a safety concern to the maritime community. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after a hurricane,
tropical storm, or other storm.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment that concurred with the
proposed rulemaking on our NPRM published September 14, 2023. The
comment also addressed the need for Coast Guard Sector Virginia to
maintain and update the Port Heavy Weather Plan. The comment is
referring to the Maritime Severe Weather Contingency Plan, which
advises the maritime community of the sequence and timing of COTP
decisions and actions made pursuant to 33 CFR parts 160 and 165 that
may be taken when there is the threat of a hurricane. The Plan also
recommends actions to be taken to minimize storm related deaths,
injury, damage, and threats to the environment. Coast Guard Sector
Virginia will review and update the Maritime Severe Weather Contingency
Plan as necessary to reflect the promulgation of this rule, and to
provide guidance on advisable steps to take in addition to those
required by the rule. Aside from adding the word ``Sector'' to the
title of the regulation to conform to 33 CFR 3.25-10, there are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a safety zone on the navigable waters of the
Sector Virginia COTP Zone during hurricanes, tropical storms, and other
storms with high winds. This safety zone establishes actions to be
completed by local industry and vessels in the COTP zone prior to
landfall of hurricanes, tropical storms, and other storms with high
[[Page 75496]]
winds threatening Virginia and in the aftermath of landfall. Port
Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and RECOVERY) are
standardized terms for states of operation instituted by the COTP which
are clearly communicated to port facilities, vessels, and members of
the Marine Transportation System (MTS).
Ports and waterfront facilities are encouraged to take action when
specific Port Conditions are declared. Under Port Condition WHISKEY,
ports and waterfront facilities should remove all debris and secure
potential flying hazards. Upon a declaration that Port Condition X-RAY
is in effect, port facilities should ensure that potential flying
debris and hazardous materials are removed, and that loose cargo and
cargo equipment is secured. Upon a declaration of Port Condition
YANKEE, terminal operators should terminate all cargo operations not
associated with storm preparations. All facilities should continue to
operate in accordance with approved Facility Security Plans (as defined
at 33 CFR 101.105, and as further described in 33 CFR 105.400 to
105.415), and to comply with all applicable requirements of the
Maritime Transportation Security Act of 2002 (46 U.S.C. chapter 701).
The COTP retains flexibility in controlling and reconstituting
vessel traffic during periods of heavy weather, and it will allow for
the expedited resumption of the MTS following such events. The safety
zone consists of all waters of the territorial seas within the Sector
Virginia COTP Zone, as defined in 33 CFR 3.25-10. Portions of the
safety zone might be activated at different times, as conditions
dictated. Notice of Port Conditions and their requirements will be
given via Marine Safety Information Bulletins and Broadcast Notice to
Mariners. The regulatory text appears at the end of this document.
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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time of day of the regulated area. This
regulatory action determination is based on the necessity to protect
life, port infrastructure, and the environment during hurricanes,
tropical storms, and other storms with high winds. The scope of the
regulation is narrow and will only apply when a hurricane, tropical
storm, or other storm with high winds impacts the navigable waters of
the Virginia COTP Zone. These events are infrequent and of short
duration. Regulatory restrictions will be lifted as soon as
practicable.
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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
[[Page 75497]]
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone that prohibits entry in
certain waters of the Sector Virginia COTP Zone for the duration needed
to ensure safe transit of vessels and industry before and after a
hurricane, tropical storm, or other storm with high winds. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
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:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.520 to read as follows:
Sec. 165.520 Safety Zone; Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Sector Virginia.
(a) Regulated areas. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone Sector Virginia, as described
in 33 CFR 3.25-10, or some portion of those waters, during specified
conditions. Port conditions and safety zone activation may vary for
different portions of the regulated area at different times, based on
storm conditions and its projected track.
(b) Definitions.
Captain of the Port means Commander, Coast Guard Sector Virginia.
Representative means any Coast Guard commissioned, warrant, or
petty officer or civilian employee who has been authorized to act on
the behalf of the Captain of the Port.
Port Condition WHISKEY means a condition set by the COTP when
National Weather Service (NWS) weather advisories indicate sustained
gale force winds (39-54 mph/34-47 knots) are predicted to reach the
COTP zone within 72 hours.
Port Condition X-RAY means a condition set by the COTP when NWS
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) are predicted to reach the COTP zone within 48 hours.
Port Condition YANKEE means a condition set by the COTP when NWS
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) are predicted to reach the COTP zone within 24 hours.
Port Condition ZULU means a condition set by the COTP when NWS
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) are predicted to reach the COTP zone within 12 hours.
Port Condition RECOVERY means a condition set by the COTP when NWS
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) are no longer predicted for the regulated area. This port
condition remains in effect until the regulated areas are deemed safe
and are reopened to normal operations.
(c) Regulations. (1) Port Condition WHISKEY. All vessels must
exercise due diligence in preparation for potential storm impacts. All
oceangoing tank barges and their supporting tugs and all self-propelled
oceangoing vessels over 500 gross tons (GT) must make plans to depart
no later than setting of Port Condition Yankee unless authorized by the
COTP. The COTP may modify the geographic boundaries of the regulated
area and actions to be taken under Port Condition WHISKEY, based on the
trajectory and forecasted storm conditions.
(2) Port Condition X-RAY. All vessels must ensure that potential
flying debris and hazardous materials are removed, and that loose cargo
and cargo equipment is secured. Vessels at facilities must carefully
monitor their moorings and cargo operations. Additional anchor(s) must
be made ready to let go, and preparations must be made to have a
continuous anchor watch during the storm. Engine(s) must be made
immediately available for maneuvering. Also, vessels must maintain a
continuous listening watch on VHF Channel 16. All oceangoing tank
barges and their supporting tugs and all self-propelled oceangoing
vessels over 500 GT must prepare to depart the port and anchorages
within the affected regulated area. These vessels shall depart
immediately upon the setting of Port Condition YANKEE. During this
condition, slow-moving vessels may be ordered to depart to ensure safe
avoidance of the incoming storm. Vessels that are unable to depart the
port must contact the COTP to receive permission to remain in port.
Vessels with COTP's permission to remain in port must implement their
pre-approved mooring arrangement. The COTP may require additional
precautions to ensure the safety of the ports and waterways. The COTP
may modify the geographic boundaries of the regulated area and actions
to be taken under Port Condition X-RAY based on the trajectory and
forecasted storm conditions.
(3) Port Condition YANKEE. Affected ports are closed to all inbound
vessel traffic. All oceangoing tank barges and their supporting tugs
and all self-propelled oceangoing vessels over 500 GT must have
departed the regulated area. The COTP may require additional
precautions to ensure the safety of the ports and waterways. The COTP
may modify the geographic boundaries of the regulated area and actions
to be taken under Port Condition YANKEE based on the trajectory and
forecasted storm conditions.
(4) Port Condition ZULU. Cargo operations are suspended, except
final preparations that are expressly permitted by the COTP as
necessary to ensure the safety of the ports and facilities. Other than
vessels designated by the COTP, no vessels may enter, transit, move, or
anchor within the regulated area. The COTP may modify the geographic
boundaries of the regulated area and actions to be taken under Port
Condition ZULU based on the trajectory and forecasted storm conditions.
(5) Port Condition RECOVERY. Designated areas are closed to all
vessels. Based on assessments of channel conditions, navigability
concerns, and hazards to navigation, the COTP may permit vessel
movements with restrictions. Restrictions may include, but are not
limited to, preventing, or delaying vessel movements, imposing draft,
speed, size, horsepower or daylight restrictions, or directing the use
of specific routes. Vessels permitted to transit the regulated area
shall comply with the lawful orders or directions given by the COTP or
representative.
(6) Regulated Area Notice. The Coast Guard will provide notice of
where, within the regulated area, a declared Port Condition is to be in
effect via Broadcast Notice to Mariners, Marine Safety Information
Bulletins, or by on-scene representatives.
(7) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
[[Page 75498]]
Dated: October 27, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-24304 Filed 11-2-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.967873 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0366-0004/content.htm"
} |
USCG-2023-0366-0005 | Supporting & Related Material | 2023-11-08T05:00:00 | null | 9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
Docket Number USCG-2023-0366
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and other Storms with High Winds; Captain of the Port Zone Sector Virginia
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
________________________________________________________________________
SUMMARY: The Coast Guard is establishing a safety zone for the navigable waters of the Sector Virginia Captain of the Port (COTP) Zone, to be enforced in the event of hurricanes, tropical storms, and other storms with high winds. This action is necessary to ensure the safety of the waters of the Sector Virginia COTP Zone. This rule establishes actions to be completed by industry and vessels within the COTP Zone before hurricanes, tropical storms, and other storms with high winds threatening the State of Virginia make landfall, and afterwards as well.
DATES: This rule is effective [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2023-0366 in the search box and click "Search." Next, in the Document Type column, select "Supporting & Related Material."
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email LCDR Ashley Holm, Chief Waterways Management Division U.S. Coast Guard; 757-617-7986, Ashley.E.Holm@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
II. Background Information and Regulatory History
Virginia has the potential to be affected by hurricanes and tropical storms on a yearly basis, especially between the months of June and November. Additionally, severe storms generating high winds and rough seas are also common in the winter months. In response, on September 14, 2023, the Coast Guard published a notice of proposed rulemaking (NPRM) titled "Safety Zone; Hurricanes, Tropical Storms, and other Storms with High Winds; Captain of the Port Zone Virginia" (88 FR 63042). 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 October 16, 2023, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Virginia (COTP) has determined that potential hazards associated with hurricanes, tropical storms, and other storms pose a safety concern to the maritime community. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after a hurricane, tropical storm, or other storm.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment that concurred with the proposed rulemaking on our NPRM published September 14, 2023. The comment also addressed the need for Coast Guard Sector Virginia to maintain and update the Port Heavy Weather Plan. The comment is referring to the Maritime Severe Weather Contingency Plan, which advises the maritime community of the sequence and timing of COTP decisions and actions made pursuant to 33 C.F.R. parts 160 and 165 that may be taken when there is the threat of a hurricane. The Plan also recommends actions to be taken to minimize storm related deaths, injury, damage, and threats to the environment. Coast Guard Sector Virginia will review and update the Maritime Severe Weather Contingency Plan as necessary to reflect the promulgation of this rule, and to provide guidance on advisable steps to take in addition to those required by the rule. Aside from adding the word "Sector" to the title of the regulation to conform to 33 CFR 3.25-10, there are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a safety zone on the navigable waters of the Sector Virginia COTP Zone during hurricanes, tropical storms, and other storms with high winds. This safety zone establishes actions to be completed by local industry and vessels in the COTP zone prior to landfall of hurricanes, tropical storms, and other storms with high winds threatening Virginia and in the aftermath of landfall. Port Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and RECOVERY) are standardized terms for states of operation instituted by the COTP which are clearly communicated to port facilities, vessels, and members of the Marine Transportation System (MTS).
Ports and waterfront facilities are encouraged to take action when specific Port Conditions are declared. Under Port Condition WHISKEY, ports and waterfront facilities should remove all debris and secure potential flying hazards. Upon a declaration that Port Condition X-RAY is in effect, port facilities should ensure that potential flying debris and hazardous materials are removed, and that loose cargo and cargo equipment is secured. Upon a declaration of Port Condition YANKEE, terminal operators should terminate all cargo operations not associated with storm preparations. All facilities should continue to operate in accordance with approved Facility Security Plans (as defined at 33 CFR 101.105, and as further described in 33 CFR 105.400 to 105.415), and to comply with all applicable requirements of the Maritime Transportation Security Act of 2002 (46 U.S.C. chapter 701).
The COTP retains flexibility in controlling and reconstituting vessel traffic during periods of heavy weather, and it will allow for the expedited resumption of the MTS following such events. The safety zone consists of all waters of the territorial seas within the Sector Virginia COTP Zone, as defined in 33 CFR 3.25-10. Portions of the safety zone might be activated at different times, as conditions dictated. Notice of Port Conditions and their requirements will be given via Marine Safety Information Bulletins and Broadcast Notice to Mariners. The regulatory text appears at the end of this document.
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.
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. This rule has not been designated a "significant regulatory action," under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, location, duration, and time of day of the regulated area. This regulatory action determination is based on the necessity to protect life, port infrastructure, and the environment during hurricanes, tropical storms, and other storms with high winds. The scope of the regulation is narrow and will only apply when a hurricane, tropical storm, or other storm with high winds impacts the navigable waters of the Virginia COTP Zone. These events are infrequent and of short duration. Regulatory restrictions will be lifted as soon as practicable.
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 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule. If the rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 - 3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 - 1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such 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 Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), 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 that prohibits entry in certain waters of the Sector Virginia COTP Zone for the duration needed to ensure safe transit of vessels and industry before and after a hurricane, tropical storm, or other storm with high winds. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023 - 01 - 001 - 01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble.
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:
PART 165 -- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.
2. Add § 165.520 to read as follows:
§ 165.520 Safety Zone; Hurricanes, Tropical Storms, and other Storms with High Winds; Captain of the Port Zone Sector Virginia.
(a) Regulated areas. All navigable waters, as defined in 33 CFR 2.36, within the Captain of the Port Zone Sector Virginia, as described in 33 CFR 3.25-10, or some portion of those waters, during specified conditions. Port conditions and safety zone activation may vary for different portions of the regulated area at different times, based on storm conditions and its projected track.
(b) Definitions. (1) Captain of the Port means Commander, Coast Guard Sector Virginia.
(2) Representative means any Coast Guard commissioned, warrant, or petty officer or civilian employee who has been authorized to act on the behalf of the Captain of the Port.
(3) Port Condition WHISKEY means a condition set by the COTP when National Weather Service (NWS) weather advisories indicate sustained gale force winds (39-54 mph/34-47 knots) are predicted to reach the COTP zone within 72 hours.
(4) Port Condition X-RAY means a condition set by the COTP when NWS weather advisories indicate sustained gale force winds (39-54 mph/34-47 knots) are predicted to reach the COTP zone within 48 hours.
(5) Port Condition YANKEE means a condition set by the COTP when NWS weather advisories indicate that sustained gale force winds (39-54 mph/34-47 knots) are predicted to reach the COTP zone within 24 hours.
(6) Port Condition ZULU means a condition set by the COTP when NWS weather advisories indicate that sustained gale force winds (39-54 mph/34-47 knots) are predicted to reach the COTP zone within 12 hours.
(7) Port Condition RECOVERY means a condition set by the COTP when NWS weather advisories indicate that sustained gale force winds (39-54 mph/34-47 knots) are no longer predicted for the regulated area. This port condition remains in effect until the regulated areas are deemed safe and are reopened to normal operations.
(c) Regulations. (1) Port Condition WHISKEY. All vessels must exercise due diligence in preparation for potential storm impacts. All oceangoing tank barges and their supporting tugs and all self-propelled oceangoing vessels over 500 gross tons (GT) must make plans to depart no later than setting of Port Condition Yankee unless authorized by the COTP. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition WHISKEY, based on the trajectory and forecasted storm conditions.
(2) Port Condition X-RAY. All vessels must ensure that potential flying debris and hazardous materials are removed, and that loose cargo and cargo equipment is secured. Vessels at facilities must carefully monitor their moorings and cargo operations. Additional anchor(s) must be made ready to let go, and preparations must be made to have a continuous anchor watch during the storm. Engine(s) must be made immediately available for maneuvering. Also, vessels must maintain a continuous listening watch on VHF Channel 16. All oceangoing tank barges and their supporting tugs and all self-propelled oceangoing vessels over 500 GT must prepare to depart the port and anchorages within the affected regulated area. These vessels shall depart immediately upon the setting of Port Condition YANKEE. During this condition, slow-moving vessels may be ordered to depart to ensure safe avoidance of the incoming storm. Vessels that are unable to depart the port must contact the COTP to receive permission to remain in port. Vessels with COTP's permission to remain in port must implement their pre-approved mooring arrangement. The COTP may require additional precautions to ensure the safety of the ports and waterways. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition X-RAY based on the trajectory and forecasted storm conditions.
(3) Port Condition YANKEE. Affected ports are closed to all inbound vessel traffic. All oceangoing tank barges and their supporting tugs and all self-propelled oceangoing vessels over 500 GT must have departed the regulated area. The COTP may require additional precautions to ensure the safety of the ports and waterways. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition YANKEE based on the trajectory and forecasted storm conditions.
(4) Port Condition ZULU. Cargo operations are suspended, except final preparations that are expressly permitted by the COTP as necessary to ensure the safety of the ports and facilities. Other than vessels designated by the COTP, no vessels may enter, transit, move, or anchor within the regulated area. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition ZULU based on the trajectory and forecasted storm conditions.
(5) Port Condition RECOVERY. Designated areas are closed to all vessels. Based on assessments of channel conditions, navigability concerns, and hazards to navigation, the COTP may permit vessel movements with restrictions. Restrictions may include, but are not limited to, preventing, or delaying vessel movements, imposing draft, speed, size, horsepower or daylight restrictions, or directing the use of specific routes. Vessels permitted to transit the regulated area shall comply with the lawful orders or directions given by the COTP or representative.
(6) Regulated Area Notice. The Coast Guard will provide notice of where, within the regulated area, a declared Port Condition is to be in effect via Broadcast Notice to Mariners, Marine Safety Information Bulletins, or by on-scene representatives.
(7) Exception. This regulation does not apply to authorized law enforcement agencies operating within the regulated area.
Dated: October 27, 2023.
J. A. Stockwell,
Captain, U.S. Coast Guard,
Captain of the Port, Sector Virginia.
| uscg | 2024-06-07T20:51:05.989660 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0366-0005/content.docx"
} |
USCG-2023-0368-0001 | Proposed Rule | 2023-08-23T04:00:00 | Regulated Navigation Area; St. Louis River/Duluth-Superior Harbor, Duluth, MN |
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57378-57381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18113]
[[Page 57378]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0368]
RIN 1625-AA11
Regulated Navigation Area; St. Louis River/Duluth-Superior
Harbor, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a regulated
navigation area for certain waters of the Duluth-Superior Harbor and
the St. Louis River in Duluth, MN. This action is necessary to prevent
disrupting engineered remedies that are a part of the St. Louis River
Area of Concern sediment remediation project. This proposed rulemaking
would prohibit anchoring, dredging, laying cable, dragging, seining,
bottom fishing, conducting salvage operations, or any other activity
which could potentially disturb the riverbed in the designated area
unless authorized by the District Commander or the Captain of the Port.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0368 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Joseph R. McGinnis, telephone
218-725-3818, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
In 2019, the Minnesota Pollution Control Agency (MPCA) began
discussions with the Coast Guard and other stakeholders to explore
establishing Regulated Navigation Areas for some of the St. Louis River
Area of Concern project sites. The purpose of these Regulated
Navigation Areas is to prevent disrupting engineered remedies that are
a part of the St. Louis River Area of Concern sediment remediation
projects from unauthorized human disturbance at several remedial action
sites containing contaminated sediment. The Federal Great Lakes
Restoration Initiative funded these remedial actions under the Great
Lakes Legacy Act provisions in order to improve human and environmental
health by reducing exposure to contaminated riverbed sediments via a
variety of engineered methods. To prevent future exposure to the
contained contaminants, the engineered remedies need protection from
disturbance. In 2022, the Minnesota Pollution Control Agency notified
the Coast Guard which sites and areas would be appropriate for
Regulated Navigation Areas. The Captain of the Port of Duluth (COTP)
has determined that protection of these remedies will also protect
human and environmental health.
The purpose of this rulemaking is to ensure the protection of the
remedies, human health, and the environment in the suggested Regulated
Navigation Areas. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
Coast Guard District Nine is proposing to establish the Regulated
Navigation Areas in order to mitigate any potential unforeseen
disruption to the remediated St. Louis River Area of Concern sites. The
Regulated Navigation Areas would cover these six remediation sites:
Minnesota Slip, Duluth, MN; Slip 3, Duluth, MN; Slip C, Duluth, MN;
Azcon/Duluth Seaway Port Authority Grafield Slip C, Duluth, MN; St.
Louis River/Interlake/Duluth Tar, Duluth, MN; U.S. Steel/Spirit Lake,
Duluth, MN. Specific coordinates are included in the supplemental
regulatory text. All vessels and persons are prohibited from activities
that would disturb the integrity of the engineered remedies designed to
address contaminated sediments at these sites. Activities may include,
but are not limited to: anchoring, dragging, spudding, propeller
scouring, or dredging. The regulatory text we are proposing appears at
the end of this document.
The creation of the Regulated Navigation Areas will render the need
for established safety zones at two sites obsolete, so this rulemaking
would also repeal Sec. 165.905 USX Superfund Site Safety Zones: St.
Louis River and Sec. 165.927 Safety Zone; St. Louis River, Duluth/
Interlake Tar Remediation Site, Duluth, MN.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the necessity to
avoid disrupting these remediated St. Louis River Area of Concern sites
under most circumstances. Dredging projects for slips in the impacted
areas which may need to be dredged in the future require review by
state agencies prior to dredging. Thus, there should be little
disruption and/or plans to resolve any disturbance to existing remedies
prior to dredging projects.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
Regulated Navigation Areas may be small entities, for the reasons
stated in section IV.A above, this proposed rule would not have a
significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have
[[Page 57379]]
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 proposed rule would economically affect it.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
Nothing in this proposed rule will preempt the rights to hunt, fish,
and gather granted to Indian tribes under the 1854 Treaty with the U.S.
If you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves all
vessels. Normally such actions are categorically excluded from further
review under paragraph L[60a] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0369 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.945 to read as follows:
Sec. 165.945 Regulated navigation area; St. Louis River Area of
Concern, Duluth, Minnesota
(a) Location. The following areas are a regulated navigation area:
[[Page 57380]]
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
Regulated area (Note: all geographic
coordinates expressed in term of latitude
Number Site name and longitude datum are based on WGS 84
coordinates)
----------------------------------------------------------------------------------------------------------------
1....................................... Minnesota Slip, Duluth, MN. The aquatic area within a polygon
connected by the following points:
46[deg]46'53.4268'' N
092[deg]05'45.2210'' W.
46[deg]46'53.1146'' N
092[deg]05'46.1287'' W.
46[deg]46'52.1716'' N
092[deg]05'45.4669'' W.
46[deg]46'51.8253'' N
092[deg]05'46.6317'' W.
46[deg]46'52.1940'' N
092[deg]05'46.7526'' W.
46[deg]47'01.7900'' N
092[deg]05'50.8326'' W.
46[deg]47'00.8887'' N
092[deg]05'52.4477'' W.
2....................................... Slip 3, Duluth, MN......... The aquatic area within a polygon
connected by the following points:
46[deg]46'34.9277'' N
092[deg]06'18.2902'' W.
46[deg]46'36.8355'' N
092[deg]06'18.7654'' W.
46[deg]46'38.5299'' N
092[deg]06'21.5290'' W.
46[deg]46'37.6368'' N
092[deg]06'22.6961'' W.
3....................................... Slip C, Duluth, MN......... The aquatic area to the southwest of a
line connected by the following points:
46[deg]46'22.1579'' N
092[deg]06'31.4489'' W.
46[deg]46'21.0546'' N
092[deg]06'27.9639'' W.
4....................................... Azcon/Duluth Seaway Port The aquatic area within a polygon
Authority Garfield Slip C, connected by the following points:
Duluth, MN. 46[deg]45'41.9081'' N
092[deg]06'11.5069'' W.
46[deg]45'41.7040'' N
092[deg]06'11.5337'' W.
46[deg]45'41.2503'' N
092[deg]06'12.6746'' W.
46[deg]45'40.8467'' N
092[deg]06'12.3733'' W.
46[deg]45'40.3784'' N
092[deg]06'13.6404'' W.
46[deg]45'40.1196'' N
092[deg]06'13.7025'' W.
46[deg]45'39.3277'' N
092[deg]06'13.0539'' W.
46[deg]45'37.0413'' N
092[deg]06'19.3995'' W.
46[deg]45'37.8242'' N
092[deg]06'19.9225'' W.
46[deg]45'38.2401'' N
092[deg]06'19.8461'' W.
46[deg]45'38.7466'' N
092[deg]06'20.2255'' W.
5....................................... St. Louis River/Interlake/ The aquatic area north of a line
Duluth Tar, Duluth, MN. connected by the following points:
46[deg]43'12.8964'' N
092[deg]10'30.7956'' W.
46[deg]43'12.1656'' N
092[deg]10'28.1136'' W.
46[deg]43'09.3576'' N
092[deg]10'26.0256'' W.
46[deg]43'09.2748'' N
092[deg]10'25.9932'' W.
46[deg]43'08.8500'' N
092[deg]10'25.6872'' W.
46[deg]43'08.8320'' N
092[deg]10'21.8352'' W.
46[deg]43'08.0436'' N
092[deg]10'19.5564'' W.
46[deg]43'08.4936'' N
092[deg]10'19.0236'' W.
46[deg]43'09.3828'' N
092[deg]10'21.4140'' W.
46[deg]43'10.1640'' N
092[deg]10'22.0224'' W.
46[deg]43'10.8192'' N
092[deg]10'21.6264'' W.
and the aquatic area to the north of a
line connected by the following
points:
46[deg]43'11.9208'' N
092[deg]10'03.2772'' W.
46[deg]43'12.1620'' N
092[deg]10'01.6500'' W.
46[deg]43'07.6872'' N
092[deg]09'48.3840'' W.
46[deg]43'08.1300'' N
092[deg]09'42.4980'' W.
46[deg]43'10.2072'' N
092[deg]09'42.4620'' W.
6....................................... U.S. Steel/Spirit Lake, The aquatic area to the west of a line
Duluth, MN. connected by the following points:
46[deg]41'38.8208'' N
092[deg]12'12.7736'' W.
46[deg]41'39.6166'' N
092[deg]12'08.8750'' W.
46[deg]41'39.3879'' N
092[deg]12'05.5895'' W.
46[deg]41'39.2250'' N
092[deg]12'04.3468'' W.
46[deg]41'39.1231'' N
092[deg]12'02.9108'' W.
46[deg]41'38.9452'' N
092[deg]12'01.1111'' W.
46[deg]41'38.6133'' N
092[deg]11'59.4509'' W.
46[deg]41'38.3046'' N
092[deg]11'57.7306'' W.
46[deg]41'37.2472'' N
092[deg]11'53.6615'' W.
46[deg]41'36.1915'' N
092[deg]11'49.7903'' W.
46[deg]41'34.5164'' N
092[deg]11'45.6293'' W.
46[deg]41'33.5446'' N
092[deg]11'43.9431'' W.
46[deg]41'30.8242'' N
092[deg]11'43.9684'' W.
46[deg]41'30.8278'' N
092[deg]11'39.9806'' W.
46[deg]41'29.1156'' N
092[deg]11'38.2350'' W.
46[deg]41'27.0671'' N
092[deg]11'37.5149'' W.
46[deg]41'25.4408'' N
092[deg]11'36.7605'' W.
46[deg]41'25.0347'' N
092[deg]11'36.5722'' W.
46[deg]41'22.7528'' N
092[deg]11'36.0788'' W.
46[deg]41'20.7010'' N
092[deg]11'35.6137'' W.
46[deg]41'19.6484'' N
092[deg]11'35.5431'' W.
46[deg]41'19.6484'' N
092[deg]11'35.5431'' W.
46[deg]41'18.5660'' N
092[deg]11'35.0700'' W.
[[Page 57381]]
46[deg]41'16.5697'' N
092[deg]11'34.5434'' W.
46[deg]41'14.4790'' N
092[deg]11'33.9685'' W.
46[deg]41'12.3306'' N
092[deg]11'33.9221'' W.
46[deg]41'12.7159'' N
092[deg]11'44.4501'' W.
46[deg]41'02.1240'' N
092[deg]11'44.4501'' W.
46[deg]41'01.9943'' N
092[deg]11'40.5819'' W.
46[deg]41'04.0665'' N
092[deg]11'39.1344'' W.
46[deg]41'03.8696'' N
092[deg]11'36.2223'' W.
46[deg]41'02.0724'' N
092[deg]11'34.3605'' W.
46[deg]40'56.9795'' N
092[deg]11'32.1366'' W.
46[deg]40'55.9436'' N
092[deg]11'32.3531'' W.
46[deg]40'53.8981'' N
092[deg]11'32.7804'' W.
46[deg]40'51.2261'' N
092[deg]11'33.1191'' W.
46[deg]40'48.9634'' N
092[deg]11'33.1528'' W.
46[deg]40'46.4928'' N
092[deg]11'32.8907'' W.
46[deg]40'45.2017'' N
092[deg]11'32.5057'' W.
46[deg]40'42.1916'' N
092[deg]11'38.3025'' W.
46[deg]40'38.9992'' N
092[deg]11'44.4501'' W.
46[deg]40'32.6805'' N
092[deg]11'44.4595'' W.
46[deg]40'28.8937'' N
092[deg]11'44.7158'' W.
46[deg]40'27.5301'' N
092[deg]11'46.0856'' W.
46[deg]40'26.6103'' N
092[deg]11'47.3902'' W.
46[deg]40'26.2216'' N
092[deg]11'48.4650'' W.
46[deg]40'25.0613'' N
092[deg]11'51.2108'' W.
----------------------------------------------------------------------------------------------------------------
(b) Regulations. In addition to the general Regulated Navigation
Area regulations in Sec. Sec. 165.10, 165.11, and 165.13:
(1) All vessels and persons are prohibited from activities that
would disturb the integrity of engineered remedies designed to address
contaminated sediments at the sites identified above that are described
in the St. Louis River Area of Concern Remedial Action Plan. Such
activities may include, but are not limited to: anchoring, dragging,
spudding, propeller scouring, or dredging.
(2) The prohibitions described in paragraph (b)(1) of this section
shall not apply to vessels or persons engaged in activities associated
with future contaminated sediment remediation projects or other state
or federally approved and permitted construction or monitoring
projects, provided that the Captain of the Port (COTP), Duluth, is
given advance notice of those activities by the local, state, or
Federal agencies or by the regulated private entities conducting those
activities.
(3) The prohibitions described in paragraph (b)(1) of this section
shall not supersede restrictions outlined in executed Records of
Decision for Superfund sites.
(4) Vessels may otherwise transit or navigate within this area
without reservation.
(c) Waivers. Upon written request stating the need for and proposed
conditions of the waiver and any proposed precautionary measures, the
Captain of the Port (COTP) Duluth may, in consultation with local,
state, and Federal agencies or regulated private entities, authorize a
waiver from this section if the COTP determines that activity for which
the waiver is sought can take place without undue risk to environmental
remediation construction, monitoring, and maintenance. Requests for
waivers should be submitted in writing to Commander, U.S. Coast Guard
Marine Safety Unit, Duluth, 515 West First Street, Room 145, Duluth, MN
55802 to facilitate review by the U.S. Coast Guard.
(d) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
(e) Enforcement period. This Regulated Navigation Area's
requirements are enforceable 24 hours a day as long as this Regulated
Navigation Area is in place.
(f) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP by email, at
[email protected], or by phone, 218-725-3818.
Dated: August 17, 2023.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-18113 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.992462 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0368-0001/content.htm"
} |
USCG-2023-0369-0001 | Rule | 2023-06-28T04:00:00 | Safety Zone: Key West July 4th Fireworks, Key West, FL | [Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Rules and Regulations]
[Pages 41822-41824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13765]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0369]
RIN 1625-AA00
Safety Zone; Key West July 4th Fireworks, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters surrounding Key West, Florida, during the Key West July 4th
Fireworks event. The safety zone will include an 800-foot radius around
the White Street Pier in Key West, FL. The safety zone is necessary to
ensure the safety of participant vessels, spectators, and the general
public during the event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Key West or a designated representative.
DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on July
4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0369 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Hailye Wilson, Waterways Management Division,
Sector Key West, FL, U.S. Coast Guard; telephone 305-292-8823, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to
[[Page 41823]]
comment when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule. The Coast Guard did not receive final details of the
event until June 6, 2023, and the event is scheduled to take place on
July 4, 2023. The event would begin before the rulemaking process would
be completed. Because of the dangers posed by the fireworks display, a
safety zone is necessary without delay to ensure the safety of persons,
vessels, and the marine environment. It is impracticable and contrary
to the public interest to delay this rule because it is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by the fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Captain of the Port Key West (COTP) has determined
that potential hazards associated with the Key West July 4th Fireworks
event will be a safety concern for anyone within 800 feet of the White
Street Pier in Key West, FL. This rule is necessary to ensure the
safety of the event participants, the general public, vessels and the
navigable waters of Key West, Florida, during the Key West July 4th
Fireworks event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
Key West, Florida, during the Key West July 4th Fireworks event. The
safety zone will encompass an 800-foot radius around the White Street
Pier in Key West, FL. The safety zone will be enforced from 8:30 p.m.
to 10:30 p.m. on July 4, 2023. Approximately 300 spectator craft are
anticipated to attend the event. No person or vessel will be permitted
to enter, transit through, anchor in, or remain within the safety zone
without first obtaining permission from the COTP or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP or a designated
representative. The Coast Guard will provide notice of the safety zone
by Broadcast Notice to Mariners, and/or by on-scene designated
representatives.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the location,
duration, and time-of-day of the safety zone. This rule involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of Key West, Florida, during a firework display
lasting thirty minutes. Although persons and vessels may not enter,
transit through, anchor in, or remain within the zone without
authorization from the COTP or a designated representative, they will
be able to safely transit around this safety zone. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule will allow vessels to seek
permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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,
[[Page 41824]]
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of Key West, Florida, during a firework display
lasting thirty minutes. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0369 to read as follows:
Sec. 165.T07-0369 Safety Zone; Key West July 4th Fireworks, Key West,
FL.
(a) Location. The following regulated area is a safety zone: All
waters encompassing an 800-foot radius around the White Street Pier in
Key West, FL.
(b) Definition. As used in this section, the term 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 Key West (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP by
telephone at 305-292-8727, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Key West or a designated
representative.
(3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 8:30
p.m. until 10:30 p.m. on July 4, 2023.
Dated: June 22, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-13765 Filed 6-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.997431 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0369-0001/content.htm"
} |
USCG-2023-0370-0001 | Rule | 2023-05-15T04:00:00 | Safety Zone; San Francisco Giants Fireworks, San Francisco Bay, San Francisco, CA | [Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30906-30907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10229]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0370]
Safety Zone; San Francisco Giants Fireworks, San Francisco Bay,
San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone for the San
Francisco Giants Fireworks in the Captain of the Port, San Francisco
area of responsibility during the dates and times noted below. This
action is necessary to protect personnel, vessels, and the marine
environment from the hazards associated with the fireworks display.
During the enforcement period, unauthorized persons and vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone, unless authorized by the Patrol Commander (PATCOM), any
Official Patrol defined as other Federal, State, or local law
enforcement agencies on scene to assist the Coast Guard in enforcing
the regulated area.
DATES: The regulations in 33 CFR 165.1191 will be enforced for the
location identified in Table 1 to Sec. 165.1191, Item number 1, from
10 a.m. until 10:40 p.m. on May 19, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT William Harris, Waterways
Management Division, U.S. Coast Guard Sector San Francisco; telephone
(415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce the safety zone in 33 CFR 165.1191
Table 1, Item number 1 for the San Francisco Giants Fireworks from 10
a.m. until 10:40 p.m. on May 19, 2023. The safety zone will extend to
all navigable waters of the San Francisco Bay, from surface to bottom,
within a circle formed by connecting all points 100 feet outwards of
the fireworks barge during the loading, transit, and arrival of the
fireworks barge from the loading location to the display location and
until the start of the fireworks display. From 10 a.m. until 9 p.m. on
May 19, 2023, the fireworks barge will be loading pyrotechnics from
Pier 50 in San Francisco, CA. The fireworks barge will remain at the
loading location until its transit to the display location. From 9 p.m.
to 9:15 p.m. on May 19, 2023, the loaded fireworks barge will transit
from Pier 50 to the launch site near Pier 48 in approximate position
37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83) where it will remain until
the conclusion of the fireworks display. Upon the commencement of the
10-minute fireworks display, scheduled to begin at the conclusion of
the baseball game, between 9:30 p.m. and 10 p.m. on May 19, 2023, the
safety zone will increase in size and encompass all navigable waters of
the San Francisco Bay, from surface to bottom, within a circle formed
by connecting all points 700 feet out from the fireworks barge near
Pier 48 in approximate position 37[deg]46'36'' N, 122[deg]22'56'' W
(NAD 83). This safety zone will be enforced from 10 a.m. until 10:40
p.m. on May 19, 2023, or as announced via Marine Information Broadcast.
Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM or other Official
Patrol, defined as a Federal, State, or local law enforcement agency on
scene to assist the Coast Guard in enforcing the safety zone. During
the enforcement period, if you are the operator of a vessel in one of
the safety zones you must comply with the directions from the Patrol
Commander or other Official Patrol. The PATCOM or Official Patrol may,
upon request allow the transit of commercial vessels through regulated
areas when it is safe to do so.
In addition to this enforcement in the Federal Register, the Coast
Guard plans to provide notification of this enforcement period via the
Local Notice to Mariners.
If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in
[[Page 30907]]
this notice, a Marine Information Bulletin may be used to grant general
permission to enter the regulated area.
Dated: May 7, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-10229 Filed 5-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:05.999436 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0370-0001/content.htm"
} |
USCG-2023-0374-0001 | Rule | 2023-05-11T04:00:00 | Special Local Regulation; Wando River and Cooper River, Charleston and Mount Pleasant, SC | [Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30229-30231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10084]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0374]
RIN 1625-AA08
Special Local Regulation; Wando River and Cooper River,
Charleston and Mount Pleasant, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the Lowcountry Splash on certain navigable waters of the
Wando River and Cooper River in Charleston and Mount Pleasant, SC. This
action is necessary to provide for the safety of life on navigable
waters during this open water swim event. This regulation restricts
persons and vessels from entering certain waters of the Wando River and
Cooper River, unless authorized by the Captain of the Port (COTP)
Charleston or a designated represented.
DATES: This rule is effective from 7 a.m. through 11 a.m. on May 13,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 30230]]
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0374 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Thomas J. Welker, Sector Charleston, Waterways
Management Division, U.S. Coast Guard; telephone (843) 740-3184, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. This regulation is typically enforced
annually under Sec. 100.704 of this part. However, this year the event
will take place one week prior to the dates published in Table 1 to
Sec. 100.704. The Coast Guard and the event sponsor did not identify
this change until the days before the event, therefore the Coast Guard
does not have adequate time to publish an NPRM and consider public
comments before the event. Furthermore, we must establish this special
local regulation by May 13, 2023, because it is necessary to protect
the safety of the public, and event participants in the waters of the
Wando River and Cooper River during the swim event.
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
protect the safety of the public, and event participants in the waters
of the Wando River and Cooper River during the swim event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Charleston (COTP) has determined that
potential hazards associated with the Lowcountry Splash swim event on
May 13, 2023, present a safety concern for participants and non-
participant vessels transiting in the vicinity during the event. This
rule is needed to protect participants and the general public within
the regulated area during the event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m. until
11 a.m. on May 13, 2023. The special local regulation will cover all
navigable waters extending 50-yards in front and behind, and 100-yards
on either side of event participants and safety vessels. The duration
of the zone is intended to protect participants and the general public
within the regulated area during the event. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on (1) Non-
participant vessels will be able to transit surrounding areas as the
regulated area will only impact a small portion of the Wando River and
Cooper River; (2) Non-participant vessels may enter, transit through,
anchor in, or remain within the regulated area during the enforcement
period if authorized by the COTP or a designated representative; (3)
the Coast Guard will provide advance notification of the special local
regulation to the local maritime community by Marine Safety Information
Bulletin and safety information broadcast; and (4) the regulated area
is limited in duration in that it will be enforced for no more than
four hours.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 30231]]
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
special local regulation lasting four hours. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the
Record supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Harbors, Marine safety, Navigation (water), Security measures,
Security.
For the reasons stated in the preamble, the Coast Guard is amending
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0374 to read as follows:
Sec. 100.T07-0374 Lowcountry Splash, Wando River and Cooper River,
Charleston and Mount Pleasant, SC.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of 50-yards in front of lead safety vessel
preceding the first swim participants, 50-yards behind the safety
vessel trailing the last swim participants, and at all times extending
100-yards on either side of safety vessels and swim participants. The
Lowcountry Splash swim event begins on the Wando River, on Daniel
Island, Charleston, SC, and finishes at the Harbor Resort Marina on the
Cooper River in Mount Pleasant, SC.
(b) Definitions. As used in this section--
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 Charleston (COTP) in
the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Charleston or their designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 7 a.m.
to 11 a.m. on May 13, 2023.
Dated: May 5, 2023.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2023-10084 Filed 5-10-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.000685 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0374-0001/content.htm"
} |
USCG-2023-0375-0001 | Rule | 2023-06-09T04:00:00 | Safety Zone; Marysville Funfest Fireworks, St. Clair River; Marysville, MI | [Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37762-37764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12344]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0375]
RIN 1625-AA00
Safety Zone; Marysville Funfest Fireworks, St. Clair River;
Marysville, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the St. Clair River in Marysville, MI. The safety
zone is necessary and intended to protect personnel, vessels, and the
marine environment from potential hazards associated with fireworks
displays created by the Marysville Funfest. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Detroit, or his designated representative.
DATES: This rule is effective from 9:30 p.m. on June 18, 2023, through
10:30 p.m. on June 19, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0375 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 Tracy Girard, Waterways Department, Sector Detroit, Coast
Guard; telephone (313) 568-9564, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor notified the Coast
Guard with insufficient time to publish an NPRM and immediate action is
necessary to protect personnel, vessels, and the marine environment in
the St. Clair River. It is impracticable and contrary to the public
interest to publish a NPRM because we must establish this safety zone
by June 18, 2022.
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. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with fireworks
displays will be a safety concern for anyone within a 200-yard radius
of the launch site. The likely combination of recreational vessels,
darkness punctuated by bright flashes of light, and fireworks debris
falling into the water presents risks of collisions which could result
in serious injuries or fatalities. This rule is necessary to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 p.m. through 10:30
p.m. on June 18, 2023. In the case of inclement weather on June 18,
2023, this safety zone will be enforced from 10 p.m. through 10:30 p.m.
on June 19, 2023. The safety zone will encompass all U.S. navigable
waters of the St. Clair River within a 200-yard radius of the fireworks
launch site located near the public launch site, in Marysville, MI. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the fireworks
display. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. The Captain of the Port
[[Page 37763]]
Detroit or his designated representative may be contacted via VHF
Channel 16.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the St. Clair River one hours during the evening
when vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 only 1 hour that will prohibit entry within 200-
yard radius of where the fireworks display will be conducted. It is
categorically excluded from further review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0375 to read as follows:
[[Page 37764]]
Sec. 165.T09-0375 Safety Zone; Marysville Funfest Fireworks, St.
Clair River; Marysville, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the St. Clair River within a within a 200-yard
radius of the fireworks launch site located at position 42[deg]54.38'
N, 082[deg]27.983 W. All geographic coordinates are North American
Datum of 1983 (NAD 83).
(b) Enforcement period. This regulation will be enforced from 9:30
p.m. through 10:30 p.m. on June 18, 2023. In the case of inclement
weather on June 18, 2023, this safety zone will be enforced from 10
p.m. through 10:30 p.m. on June 19, 2023. The Captain of the Port
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
(c) Definitions. As used in this section, 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 Detroit (COTP) in the enforcement of the safety
zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Detroit
or his designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or his
designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-12344 Filed 6-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.002453 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0375-0001/content.htm"
} |
USCG-2023-0376-0001 | Rule | 2023-06-05T04:00:00 | Safety Zone; Annual Events in the Captain of the Port Buffalo Zone | [Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36476-36477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11879]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0376]
Safety Zone; Annual Events in the Captain of the Port Buffalo
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
[[Page 36477]]
SUMMARY: The Coast Guard will enforce a Safety Zone for the Boldt
Castle Independence Day Fireworks on July 4, 2023, to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within the Ninth Coast Guard District identifies the
regulated area for this event in Alexandria Bay, NY. During the
enforcement period, the operator of any vessel in the regulated area
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR 165.939 will be enforced for the Boldt
Castle 4th of July Fireworks regulated area listed in item b.13 in the
table to Sec. 165.939 from 9 p.m. through 10:30 p.m. on July 4, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST1 Julio Maldonado,
Waterways Management Division Representative, U.S. Coast Guard MSD
Massena; telephone 315-322-8168, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
in 33 CFR 165.939 for the Boldt Castle 4th of July Fireworks regulated
area from 9 p.m. through 10:30 p.m. on July 4, 2023. This action is
being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for marine events within the Ninth
Coast Guard District, Sec. 165.939, specifies the location of the
regulated area for the Boldt Castle 4th of July Fireworks which
encompasses portions of the St. Lawrence River. During the enforcement
period as reflected in Sec. 165.939, if you are the operator of a
vessel in the regulated area you must comply with directions from the
Patrol Commander or any Official Patrol displaying a Coast Guard
ensign.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Broadcast Notice to Mariners.
Dated: May 26, 2023.
J.B. Bybee,
Commander, U.S. Coast Guard, Captain of the Port Buffalo, By direction.
[FR Doc. 2023-11879 Filed 6-2-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.004016 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0376-0001/content.htm"
} |
USCG-2023-0377-0001 | Rule | 2023-05-12T04:00:00 | Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI | [Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30648-30650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10149]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0377]
RIN 1625-AA00
Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the Detroit River in Detroit, MI. The safety zone
is necessary and intended to protect personnel, vessels, and the marine
environment from potential hazards associated with fireworks displays
created by the Binienda and Steel wedding. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Detroit, or his designated representative.
DATES: This rule is effective from 9 p.m. through 10:30 p.m. on May 20,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0377 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 Tracy Girard, Waterways Department, Sector Detroit, Coast
Guard; telephone (313) 568-9564, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor notified the Coast
Guard with insufficient time to publish an NPRM and immediate action is
necessary to protect personnel, vessels, and the marine environment in
the Detroit River. It is impracticable and contrary to the public
interest to publish a NPRM because we must establish this safety zone
by May 20, 2023.
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. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with fireworks
displays will be a safety concern for anyone within a 200-yard radius
of the launch site. The likely combination of recreational vessels,
darkness punctuated by bright flashes of light, and fireworks debris
falling into the water presents risks of collisions which could result
in serious injuries or fatalities. This rule is necessary to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the fireworks display.
[[Page 30649]]
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10:30 p.m.
on May 20, 2023. The safety zone will encompass all U.S. navigable
waters of the Detroit River within a 200-yard radius of the fireworks
launch site located near the public launch site, in Detroit, MI. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the fireworks
display. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. The Captain of the Port Detroit or his
designated representative may be contacted via VHF Channel 16.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the Detroit River one hours during the evening when
vessel traffic is normally low. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 only 1 and a half hours that will prohibit entry
within 200-yard radius of where the fireworks display will be
conducted. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 record
keeping
[[Page 30650]]
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0377 to read as follows:
Sec. 165.T09-0377 Safety Zone; Roostertail Fireworks, Detroit River;
Detroit, MI
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the Detroit River within a within a 200-yard
radius of the fireworks launch site located at position
42[deg]41'15.75'' N, 082[deg]58'22.94'' W. All geographic coordinates
are North American Datum of 1983 (NAD 83).
(b) Enforcement period. This regulation will be enforced from 9
p.m. through 10:30 p.m. on May 20, 2023. The Captain of the Port
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
(c) Definitions. As used in this section, 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 Detroit (COTP) in the enforcement of the safety
zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port Detroit or his designated
representative.
(2) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or his
designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
Dated: May 8, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-10149 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.005193 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0377-0001/content.htm"
} |
USCG-2023-0378-0001 | Rule | 2023-06-06T04:00:00 | Special Local Regulations; Marine Events Within the Fifth Coast Guard District—Cape May, NJ | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36949-36950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11984]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0378]
Special Local Regulations; Marine Events Within the Fifth Coast
Guard District--Cape May, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the Around the Island Paddle on June 25, 2023. This action is necessary
to provide for the safety of life on navigable waterways during this
event. Our regulation for marine events within the Fifth Coast Guard
District identifies the regulated area for this event. During the
enforcement period, the operator of any vessel in the regulated area
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign. Non-participants must request
permission to enter the regulated area.
DATES: The regulation 33 CFR 100.501 will be enforced for the special
local regulation listed in Table 1 to Paragraph (i)(1) of Sec. 100.501
for the Around the Island Paddle from 8 a.m. through 1 p.m. on June 25,
2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone 215-271-4814, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in Table 1 to Paragraph (i)(1) in 33 CFR 100.501 for
the regulated area of the Around the Island Paddle from 8 a.m. through
1 p.m. on June 25, 2023. This action is being taken to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within the Fifth Coast Guard District, Sec. 100.501,
specifies the location of the regulated area for the ``Around the
Island Paddle'' which encompasses portions of Cape May Harbor, Atlantic
Ocean, and Delaware Bay in Cape May, NJ. During the enforcement period,
as reflected in Sec. 100.100(g), if you are the operator of a vessel
in the regulated area, you must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign. Non-
participants are only allowed inside the regulated area to pass through
or enter and remain within a designated spectator area. A non-
participant must contact the Event Patrol Commander or an official
patrol vessel to request permission to either enter the Spectator Area
or pass through the regulated area.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and Broadcast
Notice to Mariners.
[[Page 36950]]
Dated: May 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-11984 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.006849 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0378-0001/content.htm"
} |
USCG-2023-0380-0001 | Proposed Rule | 2023-05-31T04:00:00 | Safety Zone; Hurricanes, Tropical Storms and Other Disasters in Southeast Texas and Southwest Louisiana | [Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34797-34800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11481]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0380]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms and Other Disasters in
Southeast Texas and Southwest Louisiana
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent safety
zone to be enforced in the event of hurricanes, tropical storms, and
other disasters in southeast Texas and southwest Louisiana. This action
is necessary to ensure the safety of the waters of the Port Arthur
Captain of the Port (COTP) zone Port Arthur, TX. This proposed
rulemaking would establish actions to be completed by industry and
vessels in the COTP zone prior to landfall of hurricanes, tropical
storms, and other disasters threatening Port Arthur, TX. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0380 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit
Port Arthur, U.S. Coast Guard; telephone 409-719-5086, email
[email protected].
[[Page 34798]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Southeast Texas and southwest Louisiana has the potential to be
affected by hurricanes, tropical storms and other disasters on a yearly
basis, especially between the months of June and November. The Captain
of the Port (COTP) Port Arthur proposes establishing a safety zone to
provide for the safety of life during and subsequent to such storms.
The purpose of this rulemaking is to protect mariners, port
infrastructure and the environment during and after extreme weather and
other natural disasters. The Coast Guard is proposing this rulemaking
under the authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP Port Arthur is proposing to establish a safety zone to be
enforced in case of hurricanes, tropical storms, and other disasters in
southeast Texas and southwest Louisiana. This action is necessary to
ensure the safety of the waters of the COTP Port Arthur zone. This
proposed rule would establish actions to be completed by local industry
and vessels in the COTP zone prior to landfall of hurricanes, tropical
storms, and other disasters threatening the COTP zone. The proposed
safety zone would consist of all navigable waters of the Port Arthur
COTP zone, as prescribed in 33 CFR 3.40-25(b). The regulatory text we
are proposing appears at the end of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
We expect the economic impact of this rule to be non-significant
for the following reasons: (1) Vessel traffic and facilities would be
impacted by this rule only during limited times while heavy weather or
other disaster is expected to impact the Port Arthur COTP zone; (2)
vessel traffic would be secured only during port conditions Yankee,
Zulu, and Recovery and only in port areas potentially affected by gale
force winds; and (3) the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety zone, and this
rule would allow vessels to seek permission to remain in port.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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
[[Page 34799]]
the human environment. This proposed rule involves a safety zone that
would prohibit entry in certain waters of the Port Arthur COTP Zone for
the duration needed to ensure safe transit of vessels and industry post
hurricane, post storm, and post emergency. 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. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2023-0380 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 6 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add new Sec. 165.804 to read as follows:
Sec. 165.804 Safety Zone; Hurricanes, Tropical Storms and Other
Disasters in Southeast Texas and Southwest Louisiana.
(a) Regulated Areas. All navigable waters within the Port Arthur
Captain of the Port (COTP) Zone, MSU Port Arthur, TX, as described in
33 CFR 3.40-28(b), during specified conditions.
(b) Definitions.
(1) Designated Representative means Coast Guard 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 COTP Port Arthur, in the enforcement of
the regulated areas.
(2) Port Condition WHISKEY means a condition set by the COTP when
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) from a tropical or hurricane force storm are predicted to make
landfall at the port within 72 hours.
(3) Port Condition X-RAY means a condition set by the COTP when
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) from a tropical or hurricane force storm are predicted to make
landfall at the port within 48 hours.
(4) Port Condition YANKEE means a condition set by the COTP when
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 24 hours.
(5) Port Condition ZULU means a condition set by the COTP when
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 12 hours.
(6) Port Condition RECOVERY means the condition set when weather
advisories indicate that sustained gale force winds from a tropical
hurricane force storm are no longer predicted for the designated area.
This port condition remains in effect until the regulated areas are
safe and reopened to normal operations.
(c) Regulations.
(1) Port Condition WHISKEY. All vessel and port facilities must
exercise due diligence in preparation for potential storm impacts.
Ports and waterfront facilities must begin removing all debris and
securing potential flying hazards. Oceangoing vessels 500 gross tons
(GT) and above must make plans to depart no later than the setting of
Port Condition Yankee unless authorized by the COTP. Vessels wishing to
remain in port are required to submit a Notice of Intent to Remain In
Port to the COTP prior to setting Port Condition X-Ray.
(2) Port Condition X-RAY. All vessels and port facilities must
ensure that potential flying debris is removed or secured. Hazardous
materials/pollution hazards must be secured in a safe manner and away
from waterfront areas. Vessels over 500GT without an approval to remain
in port must depart prior to the setting of Port Condition YANKEE.
Vessels with the COTP's permission to remain in port must implement
their pre-approved mooring arrangement. Terminal operators must prepare
to terminate all cargo operations. The COTP may require additional
precautions to ensure the safety of the ports and waterways.
[[Page 34800]]
(3) Port Condition YANKEE. Affected ports are closed to inbound
vessel traffic. All oceangoing vessels greater than 500 Gross Tons must
depart designated ports prior to the setting of Port Condition ZULU.
Terminal operators must terminate all cargo operations not associated
with storm preparations. Cargo operations associated with storm
preparations include moving cargo within or off the port for securing
purposes, port/facility equipment preparations, and similar activities,
but do not include moving cargo onto the port or vessel loading/
discharging operations unless specifically authorized by the COTP. All
facilities must continue to operate in accordance with approved
Facility Security Plans and comply with the requirements of the
Maritime Transportation Security Act.
(4) Port Condition ZULU. Designated areas are closed to all vessel
traffic except those specifically authorized by the COTP. Cargo
operations are suspended, including bunkering and lightering. Waivers
may be granted unless Cargo of Particular Hazard or Certain Dangerous
Cargo is involved.
(5) Port Condition RECOVERY. Designated areas are closed to all
commercial traffic and recreational vessels 65-feet in length and
greater. Based on assessments of channel conditions, navigability
concerns, and hazards to navigation, the COTP may permit vessel
movements with restrictions. Restrictions may include, but are not
limited to, preventing vessel movements, imposing draft, speed, size,
horsepower or daylight restrictions or directing the use of specific
routes. Vessels permitted to transit the regulated area shall comply
with the lawful orders or directions given by the COTP or designated
representative.
(6) Safety Zones Notice. The Coast Guard COTP will notify the
maritime community of periods during which these safety zones will be
in effect via Broadcast Notice to Mariners and Marine Safety
Information Bulletin or by on-scene designated representatives.
(7) Regulated Area Notice. The Coast Guard will provide notice of
the regulated area via Broadcast Notice to Mariners, Marine Safety
Information Bulletin or by on-scene designated representatives.
(8) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: May 24, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2023-11481 Filed 5-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.007652 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0380-0001/content.htm"
} |
USCG-2023-0380-0005 | Rule | 2023-08-22T04:00:00 | Safety Zone; Hurricanes, Tropical Storms and other Disasters in Southeast Texas and Southwest Louisiana |
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57006-57009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18066]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0380]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms and other Disasters in
Southeast Texas and Southwest Louisiana
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent safety zone to be
enforced in the event of hurricanes, tropical storms, and other
disasters in southeast Texas and southwest Louisiana. This action is
necessary to ensure the safety of the waters of the Port Arthur Captain
of the Port (COTP) zone Port Arthur, TX, prior to, during and following
hurricanes, tropical storms and other disasters. This regulation
establishes actions to be completed by industry and vessels in the COTP
zone prior to landfall of hurricanes, tropical storms, and other
disasters threatening Port Arthur, TX.
DATES: This rule is effective September 21, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0380 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or
[[Page 57007]]
email Mr. Douglas Hendrix, Marine Safety Unit Port Arthur, U.S. Coast
Guard; telephone 409-719-5086, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Southeast Texas and southwest Louisiana has the potential to be
affected by hurricanes, tropical storms and other disasters on a yearly
basis, especially between the months of June and November.
On May 31, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Hurricanes, Tropical Storms,
and Other Disasters in Southeast Texas and Southwest Louisiana.'' 88 FR
34797. 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 June 15, 2023, we received two (2) comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The purpose of this rulemaking is to protect mariners,
port infrastructure and the environment during and after extreme
weather and other natural disasters.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published May
31, 2023. One comment received was supportive of the rule. The second
comment suggested that (1) the regulatory text should be clearer in
identifying the geographic area(s) where Port Condition requirements
would be applicable; and (2) that the COTP should require
identification and notification of ``marine vessels, offshore rigs,
barges, etc.'' We concur with the first suggestion and have modified
the language in paragraphs (c)(1), (2), and (7) of the regulatory text
to be clearer. With regard to the second suggestion, we do not concur
that additional language is necessary. The regulatory text provides the
COTP sufficient authority to address situational circumstances without
establishing vague affirmative requirements.
This rule establishes actions to be completed by local industry and
vessels in the COTP zone prior to landfall of hurricanes, tropical
storms, and other disasters threatening the COTP zone and describes the
actions a COTP may take to restrict access to hazardous areas in the
aftermath of these events. The safety zone consists of all navigable
waters of the Port Arthur COTP zone, as prescribed in 33 CFR 3.40-
28(b). The regulatory text appears at the end of this document.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the following: (1)
Vessel traffic and facilities would be impacted by this rule only
during limited times while heavy weather or other disaster is expected
to impact the Port Arthur COTP zone; (2) vessel traffic would be
secured only during port conditions Yankee, Zulu, and Recovery and only
in port areas affected by gale force winds; and (3) the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the safety zone, and this rule would allow vessels to seek
permission to remain in port.
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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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
[[Page 57008]]
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 that prohibits entry in certain waters of the Port Arthur
COTP Zone for the duration needed to ensure safe transit of vessels and
industry post hurricane, post storm, and post emergency. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.804 to read as follows:
Sec. 165.804 Safety Zone; Hurricanes, Tropical Storms and Other
Disasters in Southeast Texas and Southwest Louisiana.
(a) Regulated areas. All navigable waters within the Port Arthur
Captain of the Port (COTP) Zone, MSU Port Arthur, TX, as described in
33 CFR 3.40-28(b), during specified conditions.
(b) Definitions. (1) Designated representative means Coast Guard
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 COTP Port Arthur, in the
enforcement of the regulated areas.
(2) Port Condition WHISKEY means a condition set by the COTP when
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) from a tropical or hurricane force storm are predicted to make
landfall at the port within 72 hours.
(3) Port Condition X-RAY means a condition set by the COTP when
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) from a tropical or hurricane force storm are predicted to make
landfall at the port within 48 hours.
(4) Port Condition YANKEE means a condition set by the COTP when
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 24 hours.
(5) Port Condition ZULU means a condition set by the COTP when
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 12 hours.
(6) Port Condition RECOVERY means the condition set when weather
advisories indicate that sustained gale force winds from a tropical
hurricane force storm are no longer predicted for the designated area.
This port condition remains in effect until the regulated areas are
safe and reopened to normal operations.
(c) Regulations--(1) Port Condition WHISKEY. All vessels and port
facilities in designated areas must exercise due diligence in
preparation for potential storm impacts. Ports and waterfront
facilities must begin removing all debris and securing potential flying
hazards. Oceangoing vessels 500 gross tons (GT) and above must make
plans to depart no later than the setting of Port Condition Yankee
unless authorized by the COTP. Vessels wishing to remain in port are
required to submit a Notice of Intent to Remain In Port to the COTP
prior to setting Port Condition X-Ray.
(2) Port Condition X-RAY. All vessels and port facilities in
designated areas must ensure that potential flying debris is removed or
secured. Hazardous materials/pollution hazards must be secured in a
safe manner and away from waterfront areas. Vessels over 500GT without
an approval to remain in port must depart prior to the setting of Port
Condition YANKEE. Vessels with the COTP's permission to remain in port
must implement their pre-approved mooring arrangement. Terminal
operators must prepare to terminate all cargo operations. The COTP may
require additional precautions to ensure the safety of the ports and
waterways.
(3) Port Condition YANKEE. Affected ports are closed to inbound
vessel traffic. All oceangoing vessels greater than 500 Gross Tons must
depart designated ports prior to the setting of Port Condition ZULU.
Terminal operators must terminate all cargo operations not associated
with storm preparations. Cargo operations associated with storm
preparations include moving cargo within or off the port for securing
purposes, port/facility equipment preparations, and similar activities,
but do not include moving cargo onto the port or vessel loading/
discharging operations unless specifically authorized by the COTP. All
facilities must continue to operate in accordance with approved
Facility Security Plans and comply with the requirements of the
Maritime Transportation Security Act.
(4) Port Condition ZULU. Designated areas are closed to all vessel
traffic except those specifically authorized by the COTP. Cargo
operations are suspended, including bunkering and lightering. Waivers
may be granted unless Cargo of Particular Hazard or Certain Dangerous
Cargo is involved.
(5) Port Condition RECOVERY. Designated areas are closed to all
commercial traffic and recreational vessels 65-feet in length and
greater. Based on assessments of channel
[[Page 57009]]
conditions, navigability concerns, and hazards to navigation, the COTP
may permit vessel movements with restrictions. Restrictions may
include, but are not limited to, preventing vessel movements, imposing
draft, speed, size, horsepower, or daylight restrictions, or directing
the use of specific routes. Vessels permitted to transit the regulated
area shall comply with the lawful orders or directions given by the
COTP or designated representative.
(6) Safety zones notice. The Coast Guard COTP will notify the
maritime community of periods during which these safety zones will be
in effect via Broadcast Notice to Mariners and Marine Safety
Information Bulletin or by on-scene designated representatives.
(7) Regulated area notice. The Coast Guard will provide notice of
the designated ports and/or waterways within the regulated area covered
by each Port Condition via Broadcast Notice to Mariners, Marine Safety
Information Bulletin or by on-scene designated representatives.
(8) Exception. This section does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: August 15, 2023.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2023-18066 Filed 8-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.010699 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0380-0005/content.htm"
} |
USCG-2023-0381-0001 | Rule | 2023-06-06T04:00:00 | Safety Zone: Fireworks Displays in the Fifth Coast Guard District—Beach Haven, NJ | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Page 36956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12024]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0381]
Safety Zones; Fireworks Displays in the Fifth Coast Guard
District--Beach Haven, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Little Egg Harbor, Parker
Island, NJ; Safety Zone on July 4, 2023, or on a rain date of July 5,
2023, to provide for the safety of life on navigable waterways during a
barge-based fireworks display. Our regulation for marine events within
the Fifth Coast Guard District identifies the boundaries of the
regulated area. During the enforcement period, no person or vessel may
enter, remain in, or transit through the regulated area, and anyone in
the vicinity must comply with directions from the Patrol Commander or
any Official Patrol displaying a Coast Guard ensign.
DATES: The portion of the regulation 33 CFR 165.506 for Parker Island,
NJ, as identified in entry 7 of table 1 to paragraph (h)(1), will be
enforced from 9 p.m. through 10 p.m. on July 4, 2023, or on a rain date
of July 5, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone 215-271-4814, email [email protected].
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce the safety zone in table 1 to
paragraph (h)(1) to 33 CFR 165.506, entry No. 7 for a barge-based
fireworks display from 9 p.m. through 10 p.m. on July 4, 2023, or on a
rain date of July 5, 2023. This action is necessary to ensure safety of
life on the navigable waters of the United States immediately prior to,
during, and immediately after a fireworks display. Our regulation for
safety zones of fireworks displays within the Fifth Coast Guard
District, table 1 to paragraph (h)(1) to 33 CFR 165.506, entry 7
specifies the location of the regulated area as all waters of Little
Egg Harbor within a 500-yard radius of the fireworks barge position.
The approximate position for the barge is latitude 39[deg]34'18.77'' N,
longitude 074[deg]14'36.2'' W. During the enforcement period, as
reflected in Sec. 165.506(d), vessels may not enter, remain in, or
transit through the safety zone unless authorized by the Captain of the
Port or designated Coast Guard patrol personnel on-scene.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via Local Notice to Mariners and Broadcast Notice to Mariners.
Dated: May 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2023-12024 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.011772 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0381-0001/content.htm"
} |
USCG-2023-0383-0001 | Proposed Rule | 2023-06-01T04:00:00 | Safety Zone; Whites Bay, Henderson Harbor, NY | [Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35805-35807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11624]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0383]
RIN 1625-AA00
Safety Zone; Whites Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of Whites Bay. This action is
necessary to provide for the safety of life on these navigable waters
near Henderson Harbor, NY, during a fireworks display on July 1, 2023.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Buffalo or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 3, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0383 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1, Julio Maldonado, MSD Massena,
U.S. Coast Guard; telephone 315-769-5483, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 17, 2023, Sean James notified the Coast Guard that it
will be conducting a private fireworks display from 9:30 p.m. to 10
p.m. on July 1, 2023. The fireworks are to be launched from a barge in
the center of Whites Bay approximately 167 yards from shore in
Henderson Harbor, NY. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Buffalo (COTP) has determined
that potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within a 140-yard radius
of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 140-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 9 to 10:30
p.m. on July 1, 2023. The safety zone would cover all navigable waters
within 140 yards of a barge in Whites Bay located approximately 167
yards from shore in Henderson Harbor, NY. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 9:30 to 10 p.m. fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
[[Page 35806]]
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Whites Bay for less than 1 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry within 140 yards 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. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0383 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column,
[[Page 35807]]
and click on it. Then click on the Comment option. If you cannot submit
your material by using https://www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION CONTACT section of this proposed
rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0383 to read as follows:
Sec. 165.T09-0383 Safety Zone; Safety Zone; Whites Bay, Henderson
Harbor, NY.
(a) Location. The following area is a safety zone: All waters of
Henderson Harbor, from surface to bottom, encompassing a 140 yard
radius from a barge in position 43[deg]52'13.4'' N, 076[deg]13'27.1''
W. These coordinates are based on WGS 84.
(b) Definitions. As used in this section, 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 Buffalo (COTP) 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 716-843-9322. 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) Enforcement period. This safety zone will be enforced from 9
p.m. to 10:30 p.m. on July 1, 2023.
Dated: May 25, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11624 Filed 5-31-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.012404 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0383-0001/content.htm"
} |
USCG-2023-0385-0001 | Rule | 2023-11-20T05:00:00 | Security Zone; Helicopter Crash, Read Island, AK |
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80591-80593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25635]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0385]
RIN 1625-AA87
Security Zone; Helicopter Crash, Read Island, AK
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
all navigable waters within a 2 nautical miles radius of Read Island,
AK, centered at Latitude: 57[deg]06'48.3'' N, Longitude:
133[deg]11'43.4'' W, where a MH-60 Jayhawk Helicopter crashed (CG-
6016), early on Tuesday, November 14, 2023. This security zone is
needed to protect and preserve the crash site of the MH-60 Helicopter
wreck. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector Southeast
Alaska or a designated representative.
DATES: This rule is effective without actual notice from November 20,
2023, through January 13, 2024. For the purposes of enforcement, actual
notice will be used from November 14, 2023, through November 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0385 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT Catherine E. Cavender, Sector Southeast Alaska
Waterways Management Division, U.S. Coast Guard; telephone 907-463-
2846, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
COTP Captain of the Port Sector Southeast Alaska
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
NM Nautical Miles
COTP Captain of the Port
DNR Alaska Department of Natural Resources
II. Background Information and Regulatory History
On November 14, 2023, a Coast Guard MH-60 Jayhawk Helicopter
crashed on Read Island, AK, while responding to a disabled vessel. The
MH-60 helicopter is still on Read Island and must remain in place for
the appropriate investigations and hazardous materials cleanup to take
place. The purpose of the temporary security zone is to facilitate the
security and preserve the crash site of the MH-60 helicopter.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to
facilitate the ongoing investigation at the crash site. Publishing a
NRPM is impracticable and contrary to public interest because the
security zone must be established as soon as possible to enhance public
and maritime safety and security and to protect personnel, vessels, and
the marine environment in the navigable waters within the security zone
from potential hazards created by the MH-60 Helicopter crash site.
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 to restrict
vessel traffic is needed to protect the MH-60 Helicopter crash site,
mitigate potential maritime threats, and enhance maritime safety and
security.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port Sector Southeast Alaska (COTP)
has determined that potential hazards associated with ongoing salvage
and safety investigation measures, will be a safety concern for anyone
within a 2 nautical miles radius of Read Island, centered at Latitude:
57[deg]06'48.3'' N, Longitude: 133[deg]11'43.4'' W. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the security zone from potential hazards
created by the MH-60 Helicopter crash site.
IV. Discussion of the Rule
This rule establishes a security zone from 5 p.m. November 14,
2023, until 11:59 p.m. on January 13, 2024. The security zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by the hazardous materials cleanup at the MH-
60 Helicopter crash site and the ongoing safety investigation. The
security zone will cover all navigable waters within a 2 nautical miles
radius of Read Island, centered at Latitude: 57[deg]06'48.3'' N,
Longitude: 133[deg]11'43.4'' W to conduct salvage and gather evidence
pursuant to the safety investigation. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the hazardous materials cleanup and
during the safety investigation. No vessel or person will be permitted
to enter the security zone without obtaining permission from the COTP
or a designated representative.
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.
[[Page 80592]]
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size, remote
location, and 60-day duration of the security zone. Vessel traffic will
be able to safely transit around this security zone which would impact
a designated area of Farragut Bay for 60 days when vessel traffic is
normally low due to deteriorating weather and reduced daylight. The
surrounding land and islands are owned predominantly by the United
States Forest Service via Tongass National Forest and the State of
Alaska Department of Natural Resources (DNR) owns Read Island. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
Channel 16 about the zone, and local Coast Guard assets enforcing the
zone would reiterate the rule. Thus, restrictions on vessel movement
within that particular area are expected to be minimal. Moreover, under
certain conditions vessels may still transit through the security zone
when permitted by the COTP or a designated representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
security zone lasting only 60 days that will prohibit entry within a 2
nautical miles radius of Read Island, centered at Latitude:
57[deg]06'48.3'' N, Longitude: 133[deg]11'43.4'' W, where ongoing
salvage and safety investigation measures occur. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T017-0385 to read as follows:
Sec. 165.T017-0385 Security Zone; Helicopter Crash, Read Island, AK.
(a) Location. The following area is a security zone: All navigable
waters
[[Page 80593]]
within a 2 nautical miles radius of Read Island, AK, centered at
Latitude: 57[deg]06'48.3'' N, Longitude: 133[deg]11'43.4'' W.
(b) Definitions. As used in this section, the term designated
representative means a commissioned, warrant, or petty officer of the
U.S. Coast Guard assigned to units under the operational control of
U.S. Coast Guard Sector Southeast Alaska.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the Captain of
the Port Southeast Alaska (COTP) or the COTP's designated
representative.
(2) Vessels requiring entry into the security zone must request
permission from the COTP or a designated representative. To seek entry
into the security zone, contact the COTP or the COTP's representative
by telephone at (907) 463-2991 or on VHF-FM Channel 16.
(3) Persons and vessels permitted to enter the security zone must
transit at slowest safe speed and comply with all lawful directions
issued by the COTP or the designated representative.
(d) Enforcement period. This section will be enforced from 5 p.m.
November 14, 2023, through 11:59 p.m. on January 13, 2024.
Darwin A. Jensen,
Captain, U.S. Coast Guard, Captain of the Port, Sector Southeast
Alaska.
[FR Doc. 2023-25635 Filed 11-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.013778 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0385-0001/content.htm"
} |
USCG-2023-0390-0001 | Rule | 2023-05-26T04:00:00 | Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX | [Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Rules and Regulations]
[Pages 34087-34089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11387]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0390]
RIN 1625-AA00
Safety Zone; La Quinta and Corpus Christi Shipping Channel,
Ingleside, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the La Quinta and Corpus Christi Shipping
Channel between gated pair lights 11 and 12 to the Sea buoy. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the rig CHEVRON ANCHOR
FPU HULL while it is towed offshore from Kiewit Offshore Services.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Corpus
Christi or a designated representative.
DATES: This rule is effective from 11 p.m. on May 27, 2023 through 11
a.m. on May 28, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0390 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 Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone immediately to protect personnel, vessels,
and the marine environment from potential hazards created by float-off
of a Floating Production Unit from a heavy-lift vessel and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with towing the offshore rig through the La Quinta Channel and Corpus
Christi Shipping Channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with float-off of the rig
CHEVRON ANCHOR FPU HULL while it is towed on May 27, 2023 and May 28,
2023 will be a safety concern for anyone within the La Quinta and
Corpus Christi Shipping Channel between gated pair lights 11 and 12 to
the Sea buoy. The purpose of this rule is to ensure safety of vessels
and persons on these navigable waters in the safety zone while the
float-off is occurring.
IV. Discussion of the Rule
This rule is effective from 11 p.m. on May 27, 2023 through 11 a.m.
on May 28, 2023. The transit will occur at Kiewit Offshore Services
adjacent to the La Quinta Channel between gated pair lights 11 and 12
to the Sea buoy. The safety zone is needed to protect personnel,
vessels, and the marine
[[Page 34088]]
environment from potential hazards created by the rig CHEVRON ANCHOR
FPU HULL while it is towed from Kiewit Offshore Services. No vessel or
person is permitted to enter the temporary safety zone during the
effective period without obtaining permission from the COTP or a
designated representative, who may be contacted on Channel 16 VHF-FM
(156.8 MHz) or by telephone at 361-939-0450. The Coast Guard will issue
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as appropriate.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone covers a 5
nautical mile area of the La Quinta and Corpus Christi Shipping Channel
near Ingleside, TX. The temporary safety zone will be enforced for a
period of only 12 hours on May 27, 2023 and May 28, 2023. The rule does
not completely restrict the traffic within a waterway and allows
mariners to request permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 establishment of a temporary safety
zone for navigable waters of the La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the rig CHEVRON ANCHOR FPU HULL while it is towed from
Kiewit Offshore Services. It is categorically excluded from further
review under paragraph L60 Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1.
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.
[[Page 34089]]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0390 to read as follows:
Sec. 165.T08-0390 Safety Zone; La Quinta and Corpus Christi Shipping
Channel, Ingleside, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the La Quinta Channel between gated pair lights 11 and 12 to
the Sea buoy. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Corpus
Christi (COTP) or a designated representative.
(b) Enforcement period. This section will be enforced from 11 p.m.
on May 27, 2023 through 11 a.m. on May 28, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into this temporary safety zone is
prohibited unless authorized by the COTP or a designated
representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz)
or by telephone at 361-939-0450.
(2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.
Dated: May 22, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-11387 Filed 5-24-23; 4:15 pm]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.015665 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0390-0001/content.htm"
} |
USCG-2023-0392-0001 | Notice | 2023-06-20T04:00:00 | Application for Recertification of Cook Inlet Regional Citizens Advisory Council | [Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39857-39858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13119]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number USCG-2023-0392]
Application for Recertification of Cook Inlet Regional Citizens
Advisory Council
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard announces the availability of, and seeks
comments on, the recertification of the Cook Inlet Regional Citizens
Advisory Council (CIRCAC) for September 1, 2023 through August 31,
2024. Under the Oil Pollution Act of 1990 (OPA 90), the Coast Guard may
certify on an annual basis the CIRCAC. This advisory group
[[Page 39858]]
monitors the activities of terminal facilities and crude oil tankers
under the Cook Inlet program established by the statute. The Coast
Guard may certify an alternative voluntary advisory group in lieu of
the CIRCAC. The current certification for the CIRCAC will expire August
31, 2023.
DATES: Public comments on CIRCAC's recertification application must
reach the Seventeenth Coast Guard District on or before August 4, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0392 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
recertification, call or email LT Case Kuikhoven, Seventeenth Coast
Guard District (dpi); telephone (907) 463-2812; email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0392 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting. But you
may submit a request for one on or before August 4, 2023, using the
method specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
the process of thoroughly considering the application for
recertification, we will hold one at a time and place announced by a
later notice in the Federal Register.
II. Background and Purpose
The Coast Guard published guidelines on December 31, 1992 (57 FR
62600), to assist groups seeking recertification under the Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33
U.S.C. 2732) (the Act). The Coast Guard issued a policy statement on
July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard
would be considering in making its determination as to whether advisory
groups should be certified in accordance with the Act, and the
procedures which the Coast Guard would follow in meeting its
certification responsibilities under the Act.
Most recently, on September 16, 2002 (67 FR 58440), the Coast Guard
changed its policy on recertification procedures for regional citizen's
advisory council by requiring applicants to provide comprehensive
information every three years. For the two years in between, applicants
only submit information describing substantive changes to the
information provided at the last triennial recertification. This is the
year in this triennial cycle that CIRCAC must provide comprehensive
information.
The Coast Guard is accepting comments concerning the
recertification of CIRCAC. At the conclusion of the comment period on
August 4, 2023, the Coast Guard will review all application materials
and comments received and will take one of the following actions:
(a) Recertify the advisory group under 33 U.S.C. 2732(o);
(b) Issue a conditional recertification for a period of 90 days,
with a statement of any discrepancies, which must be corrected to
qualify for recertification for the remainder of the year; or
(c) Deny recertification of the advisory group if the Coast Guard
finds that the group is not broadly representative of the interests and
communities in the area or is not adequately fostering the goals and
purposes of 33 U.S.C. 2732.
The Coast Guard will notify CIRCAC by letter of the action taken on
its application. A notice will be published in the Federal Register to
advise the public of the Coast Guard's determination.
Dated: May 26, 2023.
Nathan A. Moore,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2023-13119 Filed 6-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.017175 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0392-0001/content.htm"
} |
USCG-2023-0392-0034 | Notice | 2023-08-31T04:00:00 | USCG–2023–0392 Recertification of Cook Inlet Regional Citizens’ Advisory Council |
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Page 60221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18877]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No USCG-2023-0392]
Recertification of Cook Inlet Regional Citizens' Advisory Council
AGENCY: Coast Guard, DHS.
ACTION: Notice of recertification.
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SUMMARY: The Coast Guard announces the recertification of the Cook
Inlet Regional Citizens' Advisory Council (CIRCAC) as an alternative
voluntary advisory group for Cook Inlet, Alaska. This certification
allows the CIRCAC to monitor the activities of terminal facilities and
crude oil tankers under the Cook Inlet Program established by the Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of
1990.
DATES: This recertification is effective for the period from September
01, 2023 through August 31, 2024.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email LT Case Kuikhoven, Seventeenth Coast Guard District
(dpi), by phone at (907) 463-2809 or email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Coast Guard published guidelines on December 31, 1992 (57 FR
62600), to assist groups seeking recertification under the Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33
U.S.C. 2732) (the Act). The Coast Guard issued a policy statement on
July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard
would be considering in making its determination as to whether advisory
groups should be certified in accordance with the Act, and the
procedures which the Coast Guard would follow in meeting its
certification responsibilities under the Act. Most recently, on
September 16, 2002 (67 FR 58440), the Coast Guard changed its policy on
recertification procedures for regional citizen's advisory council by
requiring applicants to provide comprehensive information every three
years. For each of the two years between the triennial application
procedures, applicants submit a letter requesting recertification that
includes a description of any substantive changes to the information
provided at the previous triennial recertification. Further, public
comment is only solicited during the triennial comprehensive review.
Discussion of Comments
On June 20, 2023, the Coast Guard published a Notice; Request for
comments titled ``Application for Recertification of Cook Inlet
Regional Citizens' Advisory Council'' in the Federal Register (88 FR
39857). We received 33 comments, all in support of CIRCAC's
recertification. No public meeting was requested. The comments
consistently cited CIRCAC's collaborative partnerships in furthering
the respective communities' interest to promote safety, efforts to keep
the public informed, oil spill industry monitoring efforts, effective
prevention and response efforts regarding oil pollution, and to protect
the sensitive marine environment along Alaska's coastline.
Recertification
By letter dated August 23, 2023, the Commander, Seventeenth Coast
Guard District, certified that the CIRCAC qualifies as an alternative
voluntary advisory group under 33 U.S.C. 2732(o). This recertification
terminates on August 31, 2024.
Dated: August 23, 2023.
M. M. Dean,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2023-18877 Filed 8-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.018719 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0392-0034/content.htm"
} |
USCG-2023-0393-0001 | Notice | 2023-06-09T04:00:00 | National Merchant Marine Personnel Advisory Committee; Vacancies | [Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Page 37893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12408]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0393]
National Merchant Marine Personnel Advisory Committee; Vacancies
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Request for applications.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard seeks applications to fill two-member
vacancies on the National Merchant Marine Personnel Advisory Committee
(Committee). This Committee advises the Secretary of Homeland Security
and the Coast Guard on matters relating to personnel in the United
States Merchant Marine, including the training, qualifications,
certification, documentation, and fitness of mariners.
DATES: Completed applications should reach the U.S. Coast Guard on or
before August 8, 2023.
ADDRESSES: Applications should include a cover letter expressing
interest in an appointment to the National Merchant Marine Personnel
Advisory Committee, a resume detailing the applicant's relevant
experience for the position applied for (including the mariner
reference number for the credentials held), and a brief biography.
Applications should be submitted via email with subject line
``Application for NMERPAC'' to [email protected].
FOR FURTHER INFORMATION CONTACT: Mrs. Megan Johns Henry, Alternate
Designated Federal Officer of the National Merchant Marine Personnel
Advisory Committee; telephone 202-372-1255 or email at
[email protected].
SUPPLEMENTARY INFORMATION: The National Merchant Marine Personnel
Advisory Committee is a Federal advisory committee. The Committee must
operate under the provisions of the Federal Advisory Committee Act,
(Pub. L. 117-286, 5 U.S.C. ch. 10), and 46 U.S.C. 15109.
The Committee was established on December 4, 2018, by section 601
of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L.
115-282, 132 Stat 4192), and is codified in 46 U.S.C. 15103. The
Committee is required to meet at least once a year in accordance with
46 U.S.C. 15109(a). We expect the Committee will hold meetings at least
twice a year, typically in the last week of March and the week of
September following the Labor Day holiday. The meetings are held at
locations across the country selected by the U.S. Coast Guard.
Under provisions in 46 U.S.C. 15109(f)(6), if you are appointed as
a member of the Committee, your membership term will expire on December
31st of the third full year after the effective date of your
appointment. The Secretary of Homeland Security may require an
individual to have passed an appropriate security background
examination before appointment to the Committee, 46 U.S.C. 15109(f)(4).
All members serve at their own expense and receive no salary or
other compensation from the Federal Government. Members may be
reimbursed for travel and per diem in accordance with Federal Travel
Regulations. If you are appointed as a member of the Committee, you
will be required to sign a Non-Disclosure Agreement and a Gratuitous
Services Agreement.
In this solicitation for Committee members, we will consider
applications for two (2) positions:
One shall be a United States citizen holding an active
license or certificate issued under 46 U.S.C. chapter 71 or a merchant
mariner documents issued under 46 U.S.C. chapter 73, as a deck officer
who represents merchant marine deck officers, who currently holds a
Merchant Mariner Credential with an endorsement for oceans any gross
tons, an endorsement for inland river route with a limited or unlimited
tonnage, and significant tanker experience.
One shall be a pilot who represents merchant marine
pilots.
Each member of the Committee must have expertise, knowledge, and
experience on matters related to personnel in the United States
merchant marine, including the training, qualifications, certification,
documentation, and fitness of mariners.
The members who will fill the two positions described above will be
appointed to represent the interest of their respective groups and
viewpoints and are not Special Government Employees as defined in 18
U.S.C. 202(a).
In order for the Department, to fully leverage broad-ranging
experience and education, the National Merchant Marine Personnel
Advisory Committee must be diverse with regard to professional and
technical expertise. The Department is committed to pursuing
opportunities, consistent with applicable law, to compose a committee
that reflects the diversity of the Nation's people.
If you are interested in applying to become a member of the
Committee, email your application to [email protected] as provided
in the ADDRESSES section of this notice. Applications must include: (1)
a cover letter expressing interest in an appointment to the National
Merchant Marine Personnel Advisory Committee; (2) a resume detailing
the applicant's relevant experience and (3) a brief biography of the
applicant by the deadline in the DATES section of this notice.
The U.S. Coast Guard will not consider incomplete or late
applications.
Dated: June 6, 2023.
Benjamin J. Hawkins,
Deputy Director, Commercial Regulations and Standards.
[FR Doc. 2023-12408 Filed 6-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.019720 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0393-0001/content.htm"
} |
USCG-2023-0394-0001 | Notice | 2023-08-17T04:00:00 | National Offshore Safety Advisory Committee; September 2023 Meetings |
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56029-56030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17698]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0394]
National Offshore Safety Advisory Committee; September 2023
Meetings
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of federal advisory committee meeting.
-----------------------------------------------------------------------
SUMMARY: The National Offshore Safety Advisory Committee (Committee)
will conduct a series of meetings over 2 days in Katy, Texas to discuss
matters relating to activities directly involved with, or in support
of, the exploration of offshore mineral and energy resources, to the
extent that such matters are within the jurisdiction of the United
States Coast Guard. All meetings will be open to the public.
DATES: Meetings: The Subcommittees will meet on Tuesday, September 12,
2023, from 11 a.m. to 3:30 p.m. Central Daylight Time (CDT). These
subcommittee meetings will be for 90 minutes each and will start with
Occasional Towing, from 11 a.m. until 12:30 p.m. (CDT); followed by the
Subchapter N, from 12:30 p.m. until 2 p.m. (CDT); and the SEACOR POWER
subcommittee from 2 p.m. until 3:30 p.m. (CDT). The full Committee will
meet on September 13, 2023, from 8 a.m. until 5 p.m. (CDT). Please note
these meetings may close early if the subcommittees or full Committee
have completed their business.
Comments and supporting documents: To ensure your comments are
reviewed by Committee members before the meetings, submit your written
comments no later than August 28, 2023.
ADDRESSES: The meetings will be held at the Det Norske Veritas (DNV)
conference facility located at 1400 Ravello Drive, Katy, Texas 77449.
All attendees will be required to register with DNV security upon
arrival at the facility.
The National Offshore Safety Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodations due to a disability to
fully participate, please email Mr. Patrick Clark at
[email protected] as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the meeting as time permits, but if you want
Committee members to review your comment before the meeting, please
submit your comments no later than August 28, 2023. We are particularly
interested in comments on the topics in the ``Agenda'' section below.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, email the individual in
the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions. You must include the docket number USCG-2023-
0394. Comments received will be posted without alteration at https://www.regulations.gov, including any personal information provided. You
may wish to review the Privacy and Security Notice found via a link on
the homepage of https://www.regulations.gov. For more about the privacy
and submissions in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020). If you
encounter technical difficulties with comment submission, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions.
Additionally, if you go to the online docket and sign-up for email
alerts, you will be notified when comments are posted.
FOR FURTHER INFORMATION CONTACT: Mr. Patrick W. Clark, Designated
Federal Officer of the National Offshore Safety Advisory Committee,
2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-
7509, telephone 202-372-1358, or [email protected].
SUPPLEMENTARY INFORMATION: Notice of this meeting is given pursuant to
the Federal Advisory Committee Act, (Pub. L. 117-286, 5 U.S.C., ch.
10). The National Offshore Safety Advisory Committee was established on
December 4, 2018, by section 601 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Pub. L. 115-282, 132 Stat. 4192), and
amended by section 8331 of the Elijah E. Cummings Coast Guard
Authorization Act of 2022 (Pub. L. 116-283). That authority is codified
in 46 U.S.C. 15106. The Committee operates under the provisions of the
Federal Advisory Committee Act, and 46 U.S.C. 15109. The Committee
provides advice and recommendations to the Secretary of Homeland
Security on matters relating to activities directly involved with, or
in support of, the exploration of offshore mineral and energy
resources, to the extent that such matters are within the jurisdiction
of the United States Coast Guard.
Agenda
Tuesday, September 12, 2023
Three subcommittees will meet to discuss the following task
statements.
(1) Task Statement 2022-01: Occasional Towing.
(2) Task Statement 2023-02: 33 CFR Subchapter N.
(3) Task Statement 2023-01: SEACOR POWER.
The task statements and other subcommittee information are
available on the NOSAC Homeport page at https://homeport.uscg.mil/missions/federal-advisory-committees.national-offshore-safety-advisory-committee-(nosac)/committee-meetings.
Wednesday, September 13, 2023
The agenda for the September 13, 2023 full Committee meeting is as
follows:
(1) Call to Order.
(2) Roll call and determination of quorum.
(3) Adoption of previous meeting minutes and agenda.
(4) Opening remarks.
(5) Final Report from the Occasional Towing Subcommittee.
(6) Update from the 33 CFR Subchapter N Subcommittee.
(7) Update from the SEACOR POWER Subcommittee.
(8) New Business.
(9) Public Comment period.
(10) Closing remarks/plans for next meeting.
(11) Adjournment of meeting.
A copy of all meeting documentation will be available on the NOSAC
Homeport page at https://homeport.uscg.mil/missions/federal-advisory-
committees.national-offshore-
[[Page 56030]]
safety-advisory-committee-(nosac)/committee-meetings no later than
August 29, 2023. Alternatively, you may contact Mr. Patrick Clark as
noted in the FOR FURTHER INFORMATION CONTACT section above.
During the September 13, 2023, Committee meeting, a public comment
period will be held from approximately 4:30 p.m. to 5 p.m. (CDT).
Speakers are requested to limit their comments to 3 minutes. Please
note that this public comment period may start before 4:30 p.m. (CDT)
if all other agenda items have been covered and may end before 5 p.m.
(CDT) if all of those wishing to comment have done so. Please contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
register as a speaker.
Dated: August 9, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-17698 Filed 8-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.020861 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0394-0001/content.htm"
} |
USCG-2023-0395-0001 | Notice | 2023-07-17T04:00:00 | Great Lakes Pilotage Advisory Committee Meeting; September 2023 Meeting | [Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Page 45437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15048]
[[Page 45437]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0395]
Great Lakes Pilotage Advisory Committee Meeting; September 2023
Meeting
AGENCY: U.S. Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal advisory committee meeting.
-----------------------------------------------------------------------
SUMMARY: The Great Lakes Pilotage Advisory Committee (Committee) will
meet in Sault Saint Marie, Michigan to discuss matters relating to
Great Lakes Pilotage, including review of proposed Great Lakes Pilotage
regulations and policies. The meeting will be open to the public.
DATES:
Meeting: The Committee will meet on Thursday, September 7, 2023,
from 8 a.m. to 5:30 p.m. Eastern Daylight Time (EDT). Please note that
this meeting may adjourn early if the Committee has completed its
business.
Comments and supporting documentations: To ensure your comments are
received by Committee members before the meeting, submit your written
comments no later than August 31, 2023.
ADDRESSES: The meeting will be held at the Cisler Conference Center of
the Lake Superior State University (LSSU), 650 W Easterday Avenue,
Sault Ste. Marie, MI 49783.
Pre-registration Information: Pre-registration is not required for
access to the meeting.
The Great Lakes Pilotage Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodation due to a disability to
fully participate, please email Mr. Francis Levesque at
[email protected]. or call (571) 308-4941 as soon as
possible.
Instructions: You are free to submit comments at any time,
including orally at the meeting, but if you want Committee members to
review your comment before the meeting, please submit your comments no
later than August 31, 2023. We are particularly interested in comments
on the topics in the ``Agenda'' section below. We encourage you to
submit comments through the Federal eRulemaking Portal at: https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov., email the individual in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions. You must include the docket number USCG-2023-0395.
Comments received will be posted without alteration at https://www.regulations.gov including any personal information you provided.
You may wish to view the Privacy and Security Notice found via link on
the homepage of https://www.regulations.gov. For more about the privacy
and submissions in response to this document, see DHS's eRulemaking
System of Records notice (85FR 14226, March 11, 2020). If you encounter
technical difficulties with comment submission, contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section of this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comment, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.
FOR FURTHER INFORMATION CONTACT: Mr. Francis Levesque, Alternate
Designated Federal Officer of the Great Lakes Pilotage Advisory
Committee, telephone (571) 308-4941 or email
[email protected].
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C. ch. 10).
The Committee is established under the authority of 46 U.S.C. 9307 and
makes recommendations to the Secretary of Homeland Security and the
U.S. Coast Guard on matters relating to Great Lakes pilotage, including
review of proposed Great Lakes pilotage regulations and policies.
Agenda
The Great Lakes Pilotage Advisory Committee will meet on Thursday,
September 7, 2023, to review, discuss, deliberate and formulate
recommendations, as appropriate on the following topics:
1. Great Lakes Pilotage Advisory Committee Meeting Practices and
Procedures.
2. Staffing Model.
3. Winter Navigation.
4. Pilots Providing ETA to Change Points.
5. Ratemaking Methodology.
6. Great Lakes Pilotage and American Pilots Association Best
Practices.
7. 2024 Annual Rulemaking Update.
8. Projects and Current Staffing.
9. 2013 Memorandum of Understanding between U.S. Coast Guard and
Canadian Great Lakes Pilotage Authority.
10. Double Pilotage and Daytime Only Navigation.
11. Expense and Revenue Reports for Rulemaking.
12. Public Comments.
A copy of all meeting documentation will be available at https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Marine-Transportation-Systems-CG-5PW/Office-of-Waterways-and-Ocean-Policy/Great-Lakes-Pilotage-Advisory-Committee/ by September
1, 2023. Alternatively, you may contact Mr. Francis Levesque as noted
in the FOR FURTHER INFORMATION CONTACT section above.
Public comments or questions will be taken throughout the meeting
as the Committee discusses the issues and prior to deliberations and
voting. There will also be a public comment period at the end of the
meeting. Speakers are requested to limit their comments to 5 minutes.
Contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section above, to register as a speaker.
Dated: July 11, 2023.
Michael D. Emerson,
Director, Marine Transportation Systems.
[FR Doc. 2023-15048 Filed 7-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.022169 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0395-0001/content.htm"
} |
USCG-2023-0396-0001 | Notice | 2023-07-17T04:00:00 | National Maritime Security Advisory Committee; August 2023 Meetings | [Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45435-45436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15015]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0396]
National Maritime Security Advisory Committee; August 2023
Meetings
AGENCY: U.S. Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal advisory committee meetings.
-----------------------------------------------------------------------
SUMMARY: The National Maritime Security Advisory Committee (Committee)
will conduct a series of meetings over 2 days in Washington, DC to
review and discuss on matters relating to national maritime security,
including enhancing the sharing of information related to cybersecurity
risks that may cause a transportation security incident, between
relevant Federal agencies and State, local, and tribal governments;
relevant public safety and emergency response agencies; relevant law
enforcement and security organizations; maritime industry; port owners
and operators; and terminal owners and operators. All meetings will be
open to the public.
DATES:
Meetings: The Committee will meet on Tuesday, August 22, 2023, from
9 a.m. until noon Eastern Daylight Time (EDT), and on Wednesday, August
23,
[[Page 45436]]
2023, from 9 a.m. until noon EDT. Please note these meetings may close
early if the Committee has completed its business.
Comments and supporting documentation: To ensure your comments are
received by Committee members before the meetings, submit your written
comments no later than August 15, 2023.
ADDRESSES: The meetings will be held at The American Waterways
Operators, 801 North Quincy Street, Suite 500, Arlington, VA 22203. The
meetings will also be held virtually. To join the virtual meetings or
to request special accommodations, contact the individual listed in the
FOR FURTHER INFORMATION CONTACT section no later than 1 p.m. EDT on
August 15, 2023, to obtain the needed information. The number of
virtual lines is limited and will be available on a first-come, first-
served basis.
Pre-registration information: Pre-registration is required for
attending virtual meetings. You must request attendance by contacting
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice. You will receive response with attendance instructions.
The National Maritime Security Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodations due to a disability to
fully participate, please email Mr. Ryan Owens at ryan.f.owens.uscg.mil
or call (202) 302-6565 as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the meetings as time permits, but if you want
Committee members to review your comment before the meetings, please
submit your comments no later than August 15, 2023. We are particularly
interested in comments regarding the topics in the ``Agenda'' section
below. We encourage you to submit comments through the Federal
eRulemaking Portal at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
USCG-2023-0396. Comments received will be posted without alteration at
https://www.regulations.gov including any personal information
provided. You may wish to review the Privacy and Security Notice found
via a link on the homepage https://www.regulations.gov. For more about
the privacy and submissions in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020). If
you encounter technical difficulties with comment submission, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov, and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, Alternate Designated
Federal Officer of the National Maritime Security Advisory Committee,
2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593, Stop 7581,
Washington, DC 20593-7581; telephone 202-302-6565 or email at
[email protected].
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act, (Pub. L. 117-286, 5 U.S.C., ch.
10). The Committee is authorized, by section 602 of the Frank LoBiondo
Coast Guard Authorization Act of 2018, Public Law 115-282, 132 Stat.
4190, and is codified in 46 U.S.C. 70112. The Committee operates under
the provisions of the Federal Advisory Committee Act and 46 U.S.C.
15109. The National Maritime Security Advisory Committee provides
advice, consults with, and makes recommendations to the Secretary of
Homeland Security, via the Commandant of the U.S. Coast Guard, on
matters relating to national maritime security.
Agenda
Day 1
The agenda for the National Maritime Security Advisory Committee
meeting is as follows:
Tuesday, August 22, 2023
(1) Call to Order.
(2) Introduction.
(3) Designated Federal Official Remarks.
(4) Roll call of Committee members and determination of quorum.
(5) Remarks from Committee Leadership.
(6) Discussion of ongoing task. The Committee will provide an
update on the following task:
a. Task T-2022-5: Working Group on Cybersecurity Information
Sharing.
(7) Discussion of new tasks. The Committee will engage in
discussion on new tasks being proposed by the U. S. Coast Guard.
a. Task T-2023-1: Update of NVIC 03-03, ``Implementation Guidance
for the Regulations Mandated by the Maritime Transportation Security
Act of 2002 for Facilities.''
b. Task T-2023-2: Active Shooter/Active Threat in the Maritime
Environment
c. Task T-2023-3: Unmanned Systems in the Maritime Environment
(8) Public Comment Period.
(9) Meeting Recess.
Day 2
The agenda for the National Maritime Security Advisory Committee
meeting is as follows:
Wednesday, August 23, 2023
(1) Call to order.
(2) Introduction.
(3) Designated Federal Official Remarks.
(4) Committee Chair Remarks.
(5) Committee Sector Report. Committee members will provide an
update on related efforts within their sector and will provide items of
future interest for the Committee to consider.
(6) Public Comment Period.
(7) Closing Remarks/Plans for Next Meeting.
(8) Adjournment of Meeting.
A copy of all meeting documentation will be available at https://homeport.uscg.mil/NMSAC no later than August 18, 2023. Alternatively,
you may contact Mr. Ryan Owens as noted in the FOR FURTHER INFORMATION
CONTACT section above.
There will be a public comment period at the end of meetings.
Speakers are requested to limit their comments to 3 minutes. Please
note that the public comment period may end before the period allotted,
following the last call for comments.
Please contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section above to register as a speaker.
Dated: July 11, 2023.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2023-15015 Filed 7-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.023847 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0396-0001/content.htm"
} |
USCG-2023-0397-0001 | Notice | 2023-09-13T04:00:00 | National Towing Safety Advisory Committee; September 2023 Meetings |
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62809-62810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19760]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0397]
National Towing Safety Advisory Committee; September 2023
Meetings
AGENCY: U.S. Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal Advisory Committee meeting.
-----------------------------------------------------------------------
SUMMARY: The National Towing Safety Advisory Committee (Committee) will
conduct a series of meetings over two days in New Orleans, LA to review
and discuss matters relating to shallow-draft inland navigation,
coastal waterway navigation, and towing safety. These meetings will be
open to the public.
DATES:
Meetings: National Towing Safety Advisory Committee will have
subcommittee working sessions on Tuesday, September 26, 2023, from 8
a.m. until 5 p.m. Central Daylight Time. The full Committee will meet
on Wednesday, September 27, 2023, from 8 a.m. until 5 p.m. (CDT).
Please note these meetings may close early if the Committee has
completed its business.
Comments and supporting documentation: To ensure your comments are
received by Committee members before the meeting, submit your written
comments no later than September 13, 2023.
ADDRESSES: The meeting will be held at the Omni Riverfront Hotel, 701
Convention Center Boulevard, New Orleans, LA 70130.
The National Towing Safety Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodation due to a disability to
fully participate, please email Mr. Matthew D. Layman at
[email protected] or call at 202-372-1421 as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the meetings as time permits, but if you want
Committee members to review your comment before the meetings, please
submit your comments no later than September 13, 2023. We are
particularly interested in comments on
[[Page 62810]]
the topics in the ``Agenda'' section below. We encourage you to submit
comments through Federal eRulemaking Portal at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, email the individual in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions. You must include the docket number USCG-2023-0397.
Comments received will be posted without alteration at https://www.regulations.gov including any personal information provided. You
may wish to review the Privacy and Security Notice found via a link on
the homepage of https://www.regulations.gov, and DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020). For more about
privacy and submissions in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020). If
you encounter technical difficulties with comment submission, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov, and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.
FOR FURTHER INFORMATION CONTACT: Mr. Matthew D. Layman, Designated
Federal Officer of the National Towing Safety Advisory Committee, 2703
Martin Luther King Jr Ave SE, Stop 7509, Washington, DC 20593-7509,
telephone 202-372-1421, or [email protected].
SUPPLEMENTARY INFORMATION: Notice of these meetings is in compliance
with Federal Advisory Committee Act, (Pub. L. 117-286, 5 U.S.C., ch.
10). The National Towing Safety Advisory Committee is authorized by
section 601 of the Frank LoBiondo Coast Guard Authorization Act of
2018, (Pub. L. 115-282, 132 Stat. 4192), and is codified in 46 U.S.C.
15108. The Committee operates under the provisions of the Federal
Advisory Committee Act and 46 U.S.C. 15109. The National Towing Safety
Advisory Committee provides advice and recommendations to the Secretary
of Homeland Security through the Commandant of the U.S. Coast Guard, on
matters related to shallow-draft inland navigation, coastal waterway
navigation, and towing safety.
Agenda
The agenda for the National Towing Safety Advisory Committee is as
follows:
The Committee Meeting Agenda, September 26, 2023
I. Opening
a. Call to order and DFO Remarks.
b. NTSAC Chairperson Remarks.
II. Subcommittee Breakout Working Session
a. Subcommittees: Task #21-03, Report On the Anticipated Challenges
Expected to Impact the Towing Vessel Industry;
b. Task #21-04, Report on the Challenges Faced by the Towing Vessel
Industry as a Result of the Covid-19 Pandemic;
c. Task #22-01, Recommendations to the Coast Guard for Rulemaking
Improvements to Subchapter M;
d. Task #22-02, Recommendation for Training and Instruction for
Crewmembers Working Aboard Subchapter M Inspected Towing Vessels.
IV. Full Committee Working Session
a. U.S. Coast Guard Administrative Business.
b. Review of New Task Statements.
V. Adjournment of meeting
The Committee Meeting Agenda, September 27, 2023
I. Opening
a. Call to Order and DFO Remarks.
b. Committee Chairperson Remarks.
c. Roll Call and Determination of Quorum.
d. U.S. Coast Guard Leadership Remarks.
II. Administration
a. Adoption of Meeting Agenda.
b. Approval of Meeting Minutes for April 12, 2023 Committee
Meeting.
III. Old Business
a. Update from Subcommittees:
[cir] Task #21-03, Report On the Anticipated Challenges Expected to
Impact the Towing Vessel Industry;
[cir] Task #21-04, Report on the Challenges Faced by the Towing
Vessel Industry as a Result of the Covid-19 Pandemic;
[cir] Task #22-01, Recommendation to the Coast Guard for Rulemaking
Improvements to Subchapter M;
[cir] Task #22-02, Recommendation for Training and Instruction for
Crewmembers Working Aboard Subchapter M Inspected Towing Vessels.
b. Vetting Subcommittee Update.
IV. New Business
a. Committee Planning.
V. Information Session
a. U.S. Coast Guard Sector New Orleans.
b. CG-INV, Sexual Assault and Sexual Harassment (SASH) Reporting.
c. Towing Vessel National Center of Expertise, 46 CFR Subchapter M
Compliance.
d. District 8 Towing Vessel Coordinator.
e. Marine Compliance Alliance.
VI. Committee Discussion
VII. Public Comment Period
VIII. Closing Remarks and Plans for Next Meeting
IX. Adjournment of Meeting
A copy of all pre-meeting documentation, and referenced National
Towing Safety Advisory Committee Task Statements, will be available at
https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-standards-CG-5PS/Office-of-Operating-and-Environmental-Standards/vfos/TSAC/no later than
September 13, 2023. Alternatively, you may contact Mr. Matthew Layman
as noted above in the FOR FURTHER INFORMATION CONTACT section above.
There will be a public comment period at the end of the meetings.
Speakers are requested to limit their comments to 3 minutes. Please
note that the public comment period may end before the period allotted,
following the last call for comments. Please contact the individual
listed in the FOR FURTHER INFORMATION CONTACT SECTION to register as a
speaker.
Dated: August 28, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-19760 Filed 9-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.025350 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0397-0001/content.htm"
} |
USCG-2023-0403-0001 | Rule | 2023-06-02T04:00:00 | Special Local Regulations Northern California and Lake Tahoe Area Annual Marine Events; Escape From Alcatraz Swim, San Francisco, CA | [Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36237-36238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11797]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0403]
Special Local Regulations Northern California and Lake Tahoe Area
Annual Marine Events; Escape From Alcatraz Swim, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulations for
the annual Escape From Alcatraz Swim on June 11, 2023 to provide for
the safety of life on navigable waterways in the San Francisco Bay
during this event. Our regulation for marine events in Northern
California identifies the regulated area for this event in San
Francisco, CA. During the enforcement period, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
loitering or anchoring in the regulated area, unless authorized by the
designated Patrol Commander (PATCOM) or other Federal, State, or local
law enforcement agencies on scene to assist the Coast Guard in
enforcing the regulated area.
DATES: The regulations in 33 CFR 100.1103 will be enforced for the
location in table 1 to Sec. 100.1103, item number 6, from 7 a.m. to
8:30 a.m. on June 11, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email MST1 Shannon Curtaz-Milian,
Sector San Francisco Waterways Management, U.S. Coast Guard; telephone
(415) 399-7440, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1103, table 1
[[Page 36238]]
to Sec. 100.1103, item number 6, for the Escape From Alcatraz Swim
regulated area from 7 a.m. to 8:30 a.m. on June 11, 2023. This action
is being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for marine events within Northern
California, Sec. 100.1103, specifies the location of the regulated
area for the Escape From Alcatraz Swim which encompasses portions of
the San Francisco Bay. During the enforcement period, the regulated
area will be in effect in the navigable waters, from surface to bottom,
defined by a line drawn from Alcatraz Island to Saint Francis Yacht
Club.
During the enforcement period, under the provisions of 33 CFR
100.1103(b), if you are the operator of a vessel in the regulated area
you must comply with directions from the Patrol Commander (PATCOM) or
any other Official Patrol, defined as a Federal, State, or local law
enforcement agency on scene to assist the Coast Guard in enforcing the
regulated area. The PATCOM or Official Patrol may, upon request, allow
the transit of commercial vessels through regulated areas when it is
safe to do so.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners. If the Captain of
the Port determines that the regulated area need not be enforced for
the full duration stated in this notice, a Broadcast Notice to Mariners
or other marine broadcast may be used to grant general permission to
enter the regulated area.
Dated: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11797 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.026379 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0403-0001/content.htm"
} |
USCG-2023-0406-0001 | Rule | 2023-06-06T04:00:00 | Security Zone; Portland Rose Festival on Willamette River | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Page 36952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11926]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0406]
Security Zone; Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the security zone for the
Portland Rose Festival on the Willamette River in Portland, OR, from
noon on June 6, 2023 through noon on June 12, 2023. This action is
necessary to ensure the security of vessels participating in the 2023
Portland Rose Festival on the Willamette River during the event. Our
regulation for the Security Zone Portland Rose Festival on the
Willamette River identifies the regulated area. During the enforcement
period, no person or vessel may enter or remain in the security zone
without permission from the Sector Columbia River Captain of the Port.
DATES: The regulations in 33 CFR 165.1312 will be enforced from noon on
June 6, 2023 through noon on June 12, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT Carlie Gilligan,
Waterways Management Division, Sector Columbia River, U.S. Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zone for the Portland Rose Festival in 33 CFR 165.1312 for the
Willamette River regulated area from noon on June 6, 2023 through noon
on June 12, 2023. This action is necessary to ensure the security of
vessels participating in the 2023 Portland Rose Festival on the
Willamette River during the event. Under the provisions of 33 CFR
165.1312 and subpart D of Part 165, no person or vessel may enter or
remain in the security zone, consisting of all waters of the Willamette
River, from surface to bottom, encompassed by the Hawthorne and Steel
Bridges, without permission from the Sector Columbia River Captain of
the Port. Persons or vessels wishing to enter the security zone may
request permission to do so from the on-scene Captain of the Port
representative via VHF Channel 16 or 13. The Coast Guard may be
assisted by other Federal, State, or local enforcement agencies in
enforcing this regulation.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard will provide notification of this enforcement
period via the Local Notice to Mariners and marine information
broadcasts.
Dated: May 30, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2023-11926 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.028236 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0406-0001/content.htm"
} |
USCG-2023-0412-0001 | Rule | 2023-06-14T04:00:00 | Safety Zone: Annual Fireworks Displays and Other Events in the Eighth Coast Guard District Requiring Safety Zones—St. John the Baptist Independence Day Celebration | [Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Page 38753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12653]
[[Page 38753]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0412]
Safety Zone; Annual Fireworks Displays and Other Events in the
Eighth Coast Guard District Requiring Safety Zones--St. John the
Baptist Independence Day Celebration
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a temporary safety zone for the
St. John the Baptist Independence Day Celebration fireworks display
located on the navigable waters of the Lower Mississippi River between
mile marker (MM) 137.5 and MM 138.5 in vicinity of Reserve, Louisiana.
This action is needed to provide for the safety of life on these
navigable waterways during the event. During the enforcement periods,
entry into this zone is prohibited unless authorized by the Captain of
the Port or a designated representative. Persons or vessels desiring to
enter into or passage through the zone must request permission from the
Captain of the Port or a designated representative. If permission is
granted, all persons and vessels shall comply with the instructions of
the Captain of the Port or designated representative. Designated
representatives include commissioned, warrant, and petty officers of
the U.S. Coast Guard.
DATES: The regulations in 33 CFR part 165.801, Table 5, line 2 will be
enforced from 8:30 through 9:30 p.m. on July 3, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2246,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary
safety zone in 33 CFR 165.801, Table 5, line 2 for the St. John the
Baptist Independence Day Celebration event. This regulation will be
enforced from 8:30 p.m. through 9:30 p.m. on July 3, 2023. This action
is being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for annual fireworks displays and
other events in the Eighth Coast Guard District requiring safety zones,
33 CFR 165.801, Table 5, line 2, specifies the location of the safety
zone between mile marker (MM) 137.5 and MM 138.5 on the Lower
Mississippi River near Reserve, Louisiana. During the enforcement
period, entry into this zone is prohibited unless authorized by the
Captain of the Port or a designated representative. Persons or vessels
desiring to enter into or passage through the zone must request
permission from the Captain of the Port or a designated representative.
If permission is granted, all persons and vessels shall comply with the
instructions of the Captain of the Port or designated representative.
Designated representatives include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via a Marine Safety Information Bulletin and/or
Broadcast Notice to Mariners.
Dated: May 25, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-12653 Filed 6-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.029262 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0412-0001/content.htm"
} |
USCG-2023-0413-0001 | Rule | 2023-06-14T04:00:00 | Safety Zone; Annual Fireworks Displays and Other Events in the Eighth Coast Guard District Requiring Safety Zones—Go 4th New Orleans Independence Day Celebration | [Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Pages 38748-38749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12652]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0413]
Safety Zone; Annual Fireworks Displays and Other Events in the
Eighth Coast Guard District Requiring Safety Zones--Go 4th New Orleans
Independence Day Celebration
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a temporary safety zone for the
Go 4th New Orleans Independence Day Celebration fireworks display
located on the navigable waters of the Lower Mississippi River between
mile marker (MM) 94.3 and MM 95.3. This action is needed to provide for
the safety of life on these navigable waterways during this event.
During the enforcement periods, entry into this zone is prohibited
unless authorized by the Captain of the Port or a designated
representative. Persons or vessels desiring to enter into or passage
through the zone must request permission from the Captain of the Port
or a designated representative. If permission is granted, all persons
and vessels shall comply with the instructions of the Captain of the
Port or designated representative. Designated representatives include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
DATES: The regulations in 33 CFR part 165.801, Table 5, line 3 will be
enforced from 8:30 through 9:30 p.m. on July 4, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2246,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary
safety zone in 33 CFR 165.801, Table 5, line 3, for the Go 4th New
Orleans Independence Day Celebration fireworks display event. This
regulation will be enforced from 8:30 through 9:30 p.m. on July 4,
2023. This action is being taken to provide for the safety of life on
these navigable waterways during this event. Our regulation for annual
fireworks displays and other events in the Eighth Coast Guard District
requiring safety zones, 33 CFR 165.801, Table 5, line 3 specifies the
location of the safety zone on the Lower Mississippi River, between
mile marker (MM) 94.3 and MM 95.3. During the enforcement period, entry
into this zone is prohibited unless authorized by the Captain of the
Port or a designated representative. Persons or vessels desiring to
enter into or passage through the zone must request permission from the
Captain of the Port or a designated representative. If permission is
granted, all persons and vessels shall comply with the instructions of
the Captain of the Port or designated representative. Designated
representatives include commissioned, warrant, and petty officers of
the U.S. Coast Guard.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide
[[Page 38749]]
notification of this enforcement period via a Marine Safety Information
Bulletin and/or Broadcast Notice to Mariners.
Dated: May 25, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-12652 Filed 6-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.030388 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0413-0001/content.htm"
} |
USCG-2023-0415-0001 | Rule | 2023-06-02T04:00:00 | Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, CA | [Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36243-36245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11795]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0415]
RIN 1625-AA00
Safety Zone; Sausalito Fireworks Display; San Francisco Bay,
Sausalito, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, in Sausalito, CA in support
of a fireworks display on June 10, 2023. The safety zone is necessary
to protect personnel, vessels, and the marine environment from
potential hazards created by pyrotechnics. Unauthorized persons or
vessels are prohibited from entering, transiting through, or remaining
in the safety zone without the permission of the Captain of the Port
San Francisco or a designated representative.
DATES: This rule is effective from 8:30 p.m. until 9:35 p.m. on June
10, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0415 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at 415-399-7443,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this even until May 2, 2023. It is
impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by June
10, 2023, and lacks sufficient time to provide a reasonable comment
period and to consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 36244]]
making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date of this rule would be
contrary to public interest because action is necessary to protect
personnel, vessels, and the marine environment from the potential
safety hazards associated with the fireworks display in Sausalito, CA
on June 10, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the scheduled Fotsch Engagement
Fireworks display on June 10, 2023, will be a safety concern for anyone
within a 600-foot radius of the fireworks display on the pier starting
30 minutes before the fireworks display us scheduled to commence and
ending 30 minutes after the conclusion of the fireworks display. For
this reason, this temporary safety zone is needed to protect personnel,
vessels, and the marine environment in the navigable waters during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8:30 p.m. until
9:35 p.m. on June 10, 2023, from 30 minutes prior to the start of the
fireworks display, and until 30 minutes after the completion of the
fireworks display. At 8:30 p.m., which is 30 minutes prior to the
commencement of the 5-minute fireworks display, the safety zone will
encompass the navigable waters around the pier, from surface to bottom,
within a circle formed by connecting all points 600 feet from the
circle center at approximately 37[deg]50'46.07'' N, 122[deg]28'37.35''
W (NAD 83). The safety zone will terminate at 9:35 p.m. on June 10,
2023, or as announced via Marine Information Broadcast.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks display site. Except for
persons or vessels authorized by the COTP or the COTP's designated
representative, no person or vessel may enter or remain in a restricted
area. A ``designated representative'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or a Federal, State, or local
officer designated by or assisting the COTP in the enforcement of the
Safety Zone. This regulation is necessary to ensure the safety of
participants, spectators, and transiting vessels.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the temporary safety zone may do so upon express permission
from the COTP or the COTP's designated representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,
[[Page 36245]]
we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone in the navigable waters surrounding a pier within
San Francisco Bay off Sausalito, CA. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T11-127 to read as follows:
Sec. 165.T11-127 Safety Zone; Sausalito Fireworks Display; San
Francisco Bay, Sausalito, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 600 feet out from
37[deg]50'46.07'' N, 122[deg]28'37.35'' W (NAD 83) between 8:30 p.m.
and 9:35 p.m. on June 10, 2023, or as announced by Marine Information
Bulletin.
(b) Definitions. As used in this section, designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco 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 authorize by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-23A or through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from 8:30
p.m. until 9:35 p.m. on June 10, 2023.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.
Dated: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11795 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.031708 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0415-0001/content.htm"
} |
USCG-2023-0417-0001 | Rule | 2023-06-06T04:00:00 | Safety Zone: Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36955-36956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11919]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0417]
Safety Zone; Annual Fireworks Displays Within the Sector Columbia
River Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce safety zone regulations at
various locations in the Sector Columbia River Captain of the Port Zone
from July 4, 2023 to July 22, 2023, to provide for the safety of life
on navigable waters during fireworks displays. The regulation for
fireworks displays within the Thirteenth Coast Guard District
designates safety zones and identifies approximate dates for these
events. Specific dates and times are identified in this notice. These
regulations prohibit persons and vessels from being in the safety zones
unless authorized by the Captain of the Port Sector Columbia River or a
designated representative.
DATES: The regulations in 33 CFR 165.1315 will be enforced for the
safety zones identified in the SUPPLEMENTARY INFORMATION section below
for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Carlie Gilligan, Waterways
Management Division, Sector Columbia River, Coast Guard; telephone 503-
240-9319, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce safety zones in
the table to 33 CFR 165.1315(a) for the following events during the
designated enforcement periods within a 450-yard radius of the launch
site at the listed locations. These safety zones are subject to
enforcement at least 1 hour prior to the start and 1 hour after the
conclusion of the events.
[[Page 36956]]
Table--Dates and Times of Enforcement of 33 CFR 165.1315 Safety Zones at Various Locations Within the Sector
Columbia River Captain of the Port Zone in 2023
----------------------------------------------------------------------------------------------------------------
Event name Event location Date of event Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Tri-City Chamber of Commerce Kennewick, WA... July 4, 2023 46[deg]13'37'' N 119[deg]08'47'' W
Fireworks/River of Fire 9:30 to 11 p.m.
Festival.
City of St. Helens 4th of July St. Helens, OR.. July 4, 2023 45[deg]51'54'' N 122[deg]47'26'' W
Fireworks. 9:30 to 11 p.m.
Toledo Summer Festival........ Toledo, OR...... July 15, 2023 44[deg]37'08'' N 123[deg]56'24'' W
9:30 to 11 p.m.
Westport 4th of July.......... Westport, WA.... July 4, 2023 46[deg]54'17'' N 124[deg]05'59'' W
9:30 to 11 p.m.
Garibaldi Days Fireworks...... Garibaldi, OR... July 22, 2023 45[deg]33'13'' N 123[deg]54'56'' W
9:30 to 11 p.m.
Bald Eagle Days............... Cathlamet, WA... July 15, 2023 46[deg]12'14'' N 123[deg]23'17'' W
9:30 to 11 p.m.
----------------------------------------------------------------------------------------------------------------
All coordinates listed in the Table reference Datum NAD 1983.
During the enforcement periods, as reflected in Sec. 165.1315(a),
persons and vessels are prohibited from being in the regulated areas
unless authorized by the Captain of the Port Sector Columbia River or a
designated representative. In addition to this notice of enforcement in
the Federal Register, the Coast Guard will provide notification of
these enforcement periods via the Local Notice to Mariners and
Broadcast notice to mariners.
Dated: May 30, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2023-11919 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.033476 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0417-0001/content.htm"
} |
USCG-2023-0418-0001 | Rule | 2023-06-02T04:00:00 | Special Local Regulation; St. Mary’s River, St. George’s Creek, Piney Point, MD | [Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36238-36241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11732]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0418]
RIN 1625-AA08
Special Local Regulation; St. Mary's River, St. George's Creek,
Piney Point, MD
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the St. Mary's River. This action is
necessary to provide for the safety of life on these navigable waters
located at Piney Point, MD, during a high-speed power boat
demonstration event on June 10, 2023, and June 11, 2023. This
regulation prohibits persons and vessels from being in the regulated
area unless authorized by the Captain of the Port, Maryland-National
Capital Region, or the Coast Guard Event Patrol Commander.
DATES: This rule is effective from 7:30 a.m. on June 10, 2023, through
5 p.m. on June 11, 2023. This rule will be enforced from 7:30 a.m. to 5
p.m. on June 10, 2023, and from 7:30 a.m. to 5 p.m. on June 11, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0418 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician Petty Officer 2nd Class Hollie
Givens, U.S. Coast Guard Sector Maryland-National Capital Region;
telephone 410-576-2596, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with the high-speed power
boat race scheduled to take place on June 10, 2023, and June 11, 2023.
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. Immediate action is needed to
respond to the potential safety hazards associated with the ``Southern
Maryland Boat Club Piney Point Rumble on the River Regatta'' event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the
vintage and historic racing powerboat demonstration will be a safety
concern for anyone intending to participate in this event and for
vessels that operate within specified waters of the St. Mary's River.
These hazards include risks of injury or death resulting from near or
actual contact among participant vessels and spectator vessels or
waterway users if normal vessel traffic were to interfere with the
event. The purpose of this rule is to protect event participants, non-
participants, and transiting vessels before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes special local regulations from 7:30 a.m. on
June 10, 2023, through 5 p.m. on June 11, 2023. The regulations will be
enforced from 7:30 a.m. to 5 p.m. on June 10, 2023, and from 7:30 a.m.
to 5 p.m. on June 11, 2023. The regulated area will cover all navigable
waters of St. George Creek within an area bounded by a line connecting
the following points: from the shoreline at Cedar Point at position
latitude 38[deg]09'03.4'' N, longitude 076[deg]29'55.7'' W; thence
south along the shoreline to Coade Bar at latitude 38[deg]08'22.5'' N,
longitude 076[deg]29'19.9'' W; thence southeast across St. George Creek
to Dodson Point at latitude 38[deg]08'03.8'' N, longitude
076[deg]29'44.6'' W; thence north along the shoreline and the eastern
extent of the St. George Island (SR-249) Bridge to Long bar (at the
entrance to St. George Harbor) at latitude 38[deg]08'50.6'' N,
longitude 076[deg]30'13.0'' W; thence northeast across St. George Creek
to and terminating at the point of origin. The regulated area is
approximately 1,750 yards in length and 940 yards in width.
This regulation provides additional information about areas within
the regulated area, and their definitions and the restrictions that
will apply to mariners. These areas include ``Race
[[Page 36239]]
Area,'' ``Buffer Area,'' and ``Spectator Area.''
The duration of the special local regulation and size of the
regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
event scheduled to take place from 8 a.m. to 4 p.m. on June 10, 2023,
and from 8 a.m. to 4 p.m. on June 11, 2023. The COTP and the Coast
Guard Event PATCOM will have authority to forbid and control the
movement of all vessels and persons, including event participants, in
the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area will be required to immediately
comply with the directions given by the COTP or Event PATCOM. If a
person or vessel fails to follow such directions, the Coast Guard may
expel them from the area, issue them a citation for failure to comply,
or both.
Except for Southern Maryland Boat Club Piney Point Rumble on the
River Regatta participants and vessels already at berth, a vessel or
person will be required to get permission from the COTP or Event PATCOM
before entering the regulated area. Vessel operators will be able to
request permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic will
be able to safely transit the regulated area must operate at safe speed
that minimizes wake. A person or vessel not registered with the event
sponsor as a participant or assigned as official patrols will be
considered a spectator. Official Patrols are any vessel assigned or
approved by the Commander, Coast Guard Sector Maryland-National Capital
Region with a commissioned, warrant, or petty officer on board and
displaying a Coast Guard ensign. Official Patrols enforcing this
regulated area can be contacted on VHF-FM channel 16 and channel 22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that will not endanger event participants or any other
craft. A spectator vessel must not loiter within the navigable channel
while within the regulated area. Official patrol vessels will direct
spectators to the designated spectator area. Only participant vessels
and official patrol vessels will be allowed to enter the race area. The
Coast Guard will publish a notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a marine information broadcast on
VHF-FM marine band radio announcing specific event dates and times.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which will impact a small, designated
area of St. George Creek for 19 total enforcement hours. This waterway
supports mainly recreational vessel traffic with peak vessel traffic
occurring during the summer season. Although this regulated area
extends across the entire width of the waterway, the rule will allow
vessels and persons to seek permission to enter the regulated area if
it is safe to do so. The Event PATCOM will allow vessel traffic to
transit the eastern portion of the waterway away from the event area
when it is safe to do so. Vessels given permission to enter the
regulated area must operate at a safe speed that minimizes wake and
must not loiter within the navigable channel while within the regulated
area. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the status of the regulated
area.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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
[[Page 36240]]
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for 19 total enforcement hours. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0418 to read as follows:
Sec. 100.T05-0418 Southern Maryland Boat Club Piney Point Regatta,
St. Mary's River, St. George Creek, Piney Point, MD.
(a) Locations. All coordinates are based on North American Datum of
1983 (NAD 1983).
(1) Regulated area. All navigable waters of St. George Creek,
within an area bounded by a line connecting the following points: from
the shoreline at Cedar Point at position latitude 38[deg]09'03.4'' N,
longitude 076[deg]29'55.7'' W; thence south along the shoreline to
Coade Bar at latitude 38[deg]08'22.5'' N, longitude 076[deg]29'19.9''
W; thence southeast across St. George Creek to Dodson Point at latitude
38[deg]08'03.8'' N, longitude 076[deg]29'44.6'' W; thence north along
the shoreline and the eastern extent of the St. George Island (SR-249)
Bridge to Long Bar (at the entrance to St. George Harbor) at latitude
38[deg]08'50.6'' N, longitude 076[deg]30'13.0'' W; thence northeast
across St. George Creek to and terminating at the point of origin. The
race area, buffer area, and spectator area are within the regulated
area.
(2) Race area. The race area is a polygon in shape measuring
approximately 700 yards in length by 240 yards in width. The area is
bounded by a line commencing near Hodgson Point at position latitude
38[deg]08'39.80'' N, longitude 076[deg]30'3.13'' W, thence southeast to
latitude 38[deg]08'21.95'' N, longitude 076[deg]29'49.31'' W; thence
southwest to latitude 38[deg]08'18.20'' N, longitude 076[deg]29'56.98''
W, thence northwest to latitude 38[deg]08'36.10'' N, longitude
076[deg]30'10.84'' W; thence northeast to and terminating at the point
of origin.
(3) Buffer area. The buffer area is a polygon in shape measuring
approximately 90 yards in all directions surrounding the entire race
area described in the preceding paragraph of this section. The area is
bounded by a line commencing near Hodgson Point at position latitude
38[deg]08'43.58'' N, longitude 076[deg]30'02.12'' W; thence southeast
to latitude 38[deg]08'21.12'' N, longitude 076[deg]29'44.81'' W, thence
southwest to latitude 38[deg]08'14.68'' N, longitude 076[deg]29'58.24''
W; thence northwest to latitude 38[deg]08'35.95'' N, longitude
076[deg]30''14.33'' W, thence northeast to and terminating at the point
of origin.
(4) Spectator area. The designated spectator area is a polygon in
shape with its length measuring approximately 700 yards and its width
measuring approximately 300 yards at its northern portion and 150 yards
at its southern portion. The area is bounded by a line commencing at
position latitude 38[deg]08'46.86'' N, longitude 076[deg]29'51.07'' W;
thence southeast to latitude 38[deg]08'38.11'' N, longitude
076[deg]29'44.27'' W; thence south to latitude 38[deg]08'26.81'' N,
longitude 076[deg]29'43.01'' W; thence southwest to latitude
38[deg]08'23.50'' N, longitude 076[deg]29'46.50'' W, thence northwest
to latitude 38[deg]08'41.28'' N, longitude 076[deg]30'00.18'' W, thence
northeast to and terminating at the point of origin.
(b) Definitions. As used in this section--
Buffer area is a neutral area that surrounds the perimeter of the
race area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed powerboats and spectator
vessels or nearby transiting vessels. This area provides separation
between a race area and a specified spectator area or other vessels
that are operating in the vicinity of the regulated area established by
the special local regulations in this section.
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means all persons and vessels registered with the event
sponsor as participating in the ``Southern Maryland Boat Club Piney
Point Rumble on the River Regatta'' event, or otherwise designated by
the event sponsor as having a function tied to the event.
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
Spectator means a person or vessel not registered with the event
sponsor as
[[Page 36241]]
participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this section.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section when hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing the regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channels 22A (157.1 MHz). If permission is granted, the spectator must
enter the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulate area.
(4) Only participant vessels and official patrol vessels are
allowed to enter and remain within the race area.
(5) Only participant vessels and official patrol vessels are
allowed to enter and transit directly through the buffer area, in order
to arrive at or depart from the race area.
(6) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM before doing so. A
person or vessel seeking such permission can contact the COTP Maryland-
National Capital Region at telephone number 410-576-2693 or on Marine
Band Radio, VHF-FM channel 16 (156.8 MHz) or the Event PATCOM on Marine
Band radio, VHF-FM channel 16 (156.8 MHz).
(7) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, state, and local agencies.
(e) Enforcement periods. This section will be enforced from 7:30
a.m. to 5 p.m. on June 10, 2023, and from 7:30 a.m. to 5 p.m. on June
11, 2023.
Dated: May 25, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-11732 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.034141 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0418-0001/content.htm"
} |
USCG-2023-0420-0001 | Rule | 2023-06-07T04:00:00 | Safety Zone; Potomac River, Between Charles County, MD and King George County, VA | [Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37149-37152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12169]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0420]
RIN 1625-AA00
Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Potomac River. This action is necessary to
provide for the safety of life on these navigable waters at the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge during demolition operations from June 10, 2023 through
July 14, 2023. This rule will prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Port,
Maryland-National Capital Region or a designated representative.
DATES: This rule is effective from June 7, 2023, through July 14, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0420 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BM1 Michael Klopp, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 18, 2023, Skanska-Corman-McLean, Joint Venture, notified the
Coast Guard that the company will be conducting bridge demolition
operations at the old Governor Harry W. Nice/Senator Thomas ``Mac''
Middleton Memorial (US-301) Bridge. The work described by the
contractor requires the use of explosives, and debris removal and
hydrographic surveying equipment. During explosive detonation periods,
there can be no marine traffic transiting near or around the bridge for
safety reasons. On April 13, 2023, the Coast Guard was notified that
the explosive demolition of the steel trusses would be completed no
later than June 9, 2023. However, the contractor reported that due to
inclement weather and explosive supply, they now anticipate being
completed no later than July 14, 2023.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good
[[Page 37150]]
cause finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable and contrary to the public interest. Demolition
operations involving explosives will occur at the old Governor Harry W.
Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge across
the Potomac River and immediate action is needed to respond to the
potential safety hazards associated with bridge demolition. Hazards
from the demolition operations include low-hanging or falling ropes,
cables, large piles and cement cast portions, dangerous projectiles,
and/or other debris. We must establish this safety zone by June 10,
2023, to guard against these hazards.
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 and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with demolition operations at the old Governor Harry
W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) has determined that potential
hazards associated with bridge demolition starting June 10, 2023, will
be a safety concern for anyone near the old Governor Harry W. Nice/
Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge demolition
site. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
bridge is being demolished.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 12:01 a.m. on June 10,
2023, to 11:59 p.m. on July 14, 2023. The safety zone will cover the
following areas:
Area 1. All navigable waters of the Potomac River, encompassed by a
line connecting the following points beginning at 38[deg]21'38.74'' N,
077[deg]00'52.99'' W, thence east to 38[deg]21'52.67'' N,
076[deg]59'2.51'' W, thence south along the shoreline to
38[deg]21'43.45'' N, 076[deg]58'56.64.22'' W, thence west to
38[deg]21'28.91'' N, 077[deg]00'52.81'' W, and thence north along the
shoreline back to the beginning point, located in King George County,
VA.
Area 2. All navigable waters of the Potomac River, within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors, no vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The term designated representative also includes an
employee or contractor of Skanska-Corman-McLean, Joint Venture for the
sole purposes of designating and establishing safe transit corridors,
to permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
The COTP will notify the affected segments of the public by all
appropriate means, as provided at 33 CFR 165.7(a), of the establishment
of the safety zone. Such means of notification will include, but will
not be limited to, Broadcast Notice to Mariners. Vessels or persons
violating this rule are subject to the penalties set forth in 46 U.S.C.
70036. The regulatory text appears at the end of this document.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size, location
and time of year of the safety zone. The temporary safety zone is
approximately 3000 yards in width and 350 yards in length. This safety
zone would impact a small designated area of the Potomac River for 35
total days, but we anticipate that there would be no vessels that are
unable to conduct business. Excursion vessels and commercial fishing
vessels are not impacted by this rulemaking. Excursion vessels do not
operate in this area, and commercial fishing vessels are not impacted
because of their draft. Some towing vessels may be impacted, but bridge
project personnel have been conducting outreach throughout the project
in order to coordinate with those vessels. During explosive
detonations, the Coast Guard will have law enforcement assets on-scene
to enforce the safety zone immediately before, during and after
explosive detonations. Moreover, the Coast Guard will issue Local
Notices to Mariners and a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's
[[Page 37151]]
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 35 total days that would prohibit entry within a
portion of the Potomac River. Normally such actions are categorically
excluded from further review under paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0420 to read as follows:
Sec. 165.T05-0420 Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.
(a) Location. The following areas are safety zones. These
coordinates are based on North American Datum of 1983 (NAD 83).
(1) Area 1. All navigable waters of the Potomac River, encompassed
by a line connecting the following points beginning at
38[deg]21'38.74'' N, 077[deg]00'52.99'' W, thence east to
38[deg]21'52.67'' N, 076[deg]59'2.51'' W, thence south along the
shoreline to 38[deg]21'43.45'' N, 076[deg]58'56.64.22'' W, thence west
to 38[deg]21'28.91'' N, 077[deg]00'52.81'' W, and thence north along
the shoreline back to the beginning point, located in King George
County, VA.
(2) Area 2. All navigable waters of the Potomac River within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, 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 COTP in the
enforcement of the safety zone. The term also includes an employee or
contractor of Skanska-Corman-McLean, Joint Venture for the sole
purposes of designating and establishing safe transit corridors, to
permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
Marine equipment means any vessel, barge or other equipment
operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, except for marine equipment, you may not enter
the safety zone described in paragraph (a) of this section unless
authorized by the COTP, Skanska-Corman-McLean, Joint Venture, or the
COTP's designated representative. If a vessel or person is notified by
the COTP, Skanska-Corman-McLean, Joint Venture, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
(2) Mariners requesting to transit any of the safety zone areas in
paragraph (a) of this section must first contact the Skanska-Corman-
McLean, Joint Venture designated representative, the on-site project
manager by telephone number 781-953-1465 or on Marine Band Radio VHF-FM
channels 13 and 16 from the pusher tug Miss Stacy. If permission is
granted, mariners must proceed at their own risk and strictly observe
any and all instructions provided by the COTP, Skanska-Corman-McLean,
Joint Venture, or designated representative to the mariner regarding
the conditions of entry to and exit from any area of the safety zone.
The COTP or the COTP's representative can be contacted by telephone
number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
[[Page 37152]]
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced from 12:01
a.m. on June 10, 2023, to 11:59 p.m. on July 14, 2023.
Dated: June 1, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-12169 Filed 6-6-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.036064 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0420-0001/content.htm"
} |
USCG-2023-0421-0001 | Rule | 2023-06-08T04:00:00 | Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA | [Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37472-37474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12263]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0421]
RIN 1625-AA00
Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters of Delaware River near Pleasant Hill Park in Philadelphia, PA,
for a barge-based fireworks display. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by a fireworks display. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector Delaware Bay (COTP).
DATES: This rule is effective from 9 p.m. on July 4, 2023, through 10
p.m. July 5, 2023. It will only be enforced from 9 to 10 p.m. on July
4, 2023 or those same hours on the rain date of July 5, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0421 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Dylan Caikowski, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the event. The rule must be in force
by July 4, 2023. We are taking immediate action to ensure the safety of
spectators and the general public from hazards associated with a barge-
based fireworks display. Hazards include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. For the same reasons, the Coast Guard finds good cause under 5
U.S.C. 553(d) to make this rule effective less than 30 days after
publication.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that the
potential hazards associated with a barge-based fireworks display will
be a safety concern for anyone within 300 yards of the barge. The
purpose of this rule is to ensure the safety of vessels and people in
the navigable waters in the safety zone before, during, and after a
barge-based fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9 p.m. through
10 p.m. on July 4, 2023, or on a rain date of July 5, 2023. The safety
zone will cover all navigable waters within 300 yards of a barge on the
Delaware River located at approximate position latitude
40[deg]2'22.54'' N longitude 074[deg]59'22.03'' W. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 9:15 p.m. to 9:40 p.m.
fireworks display. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the following
factors: (1) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (2)
persons and vessels will still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
COTP; and (3) the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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 term ``small
entities'' comprises small
[[Page 37473]]
businesses, not-for-profit organizations that are independently owned
and operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone lasting 1 hour that would prohibit entry within
300 yards of a fireworks barge. It is categorically excluded from
further review under paragraph L60(a) f Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0421 to read as follows:
Sec. 165.T05-0421 Safety Zone; Fireworks Display, Delaware River,
Philadelphia, PA.
(a) Location. All navigable waters within 300 yards of a barge in
the Delaware River located at approximate position latitude
40[deg]2'22.54'' N longitude 074[deg]59'22.03'' W.
(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 (COTP), Sector 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.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. 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.
(3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during its 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.
(e) Enforcement period. This zone will be enforced from
approximately 9 p.m. through 10 p.m. on July 4, 2023, or on a rain date
of July 5, 2023.
[[Page 37474]]
Dated: June 2, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-12263 Filed 6-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.037204 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0421-0001/content.htm"
} |
USCG-2023-0423-0001 | Rule | 2023-06-27T04:00:00 | Safety Zone; Annual Fireworks Displays and Other Events in the Eighth Coast Guard District Requiring
Safety Zones—Mandeville July 4th Celebration | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Page 41508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13589]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0423]
Safety Zone; Annual Fireworks Displays and Other Events in the
Eighth Coast Guard District Requiring Safety Zones--Mandeville July 4th
Celebration
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the Mandeville
July 4th Celebration fireworks display located on the navigable waters
of Lake Pontchartrain near Mandeville, LA. Our regulation for marine
events within the Eighth Coast Guard District Sector New Orleans Annual
and Recurring Safety Zones identifies the regulated area for this
event. This action is necessary to provide for the safety of life on
these navigable waterways during this event. During the enforcement
period, entry into this safety zone is prohibited unless authorized by
the Captain of the Port or a designated representative.
DATES: The regulations in 33 CFR 165.801 will be enforced for the
location identified in Item 16 of Table 5 to Sec. 165.801, from 7:30
through 9 p.m. on July 3, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2246,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.801, Table 5 to Sec. 165.801, item 16 for the Mandeville
July 4th Celebration fireworks display event. This safety zone will be
enforced from 7:30 through 9 p.m. on July 3, 2023. This action is being
taken to provide for the safety of life on navigable waterways during
this event. Our regulation for annual fireworks displays and other
events in the Sector New Orleans Annual and Recurring Safety Zones in
Sec. 165.801, Item 16, specifies the location of the regulated area on
Lake Pontchartrain near Mandeville, LA. During the enforcement period,
as reflected in Sec. 165.801 (a), entry into this safety zone is
prohibited unless authorized by the Captain of the Port or a designated
representative.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via a Marine Safety Information Bulletin and/or
Broadcast Notice to Mariners.
Dated: June 14, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-13589 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.038377 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0423-0001/content.htm"
} |
USCG-2023-0424-0001 | Rule | 2023-06-30T04:00:00 | Safety Zone; Annual Fireworks Displays and Other Events in the Eighth Coast Guard District Requiring
Safety Zones—Madisonville Old Fashioned 4th of July | [Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Page 42245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13887]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0424]
Safety Zone; Annual Fireworks Displays and Other Events in the
Eighth Coast Guard District Requiring Safety Zones--Madisonville Old
Fashioned 4th of July
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the
Madisonville Old Fashioned 4th of July fireworks display located on the
navigable waters of the Tchefuncte River, in front of the Madisonville
Town Hall. Our regulation for marine events within the Eighth Coast
Guard District Sector New Orleans Annual and Recurring Safety Zones
identifies the regulated area for this event. This action is necessary
to provide for the safety of life on these navigable waterways during
the event. During the enforcement period, entry into this safety zone
into this zone is prohibited unless authorized by the Captain of the
Port or a designated representative.
DATES: The regulations in 33 CFR 165.801, will be enforced for the
location identified in Item 15 of Table 5 to Sec. 165.801, from 8 p.m.
through 9 p.m. on July 4, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2246,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.801, Table 5 to Sec. 165.801, item 15 for the
Madisonville Old Fashioned 4th of July fireworks display event. This
safety will be enforced from 8 p.m. through 9 p.m. on July 4, 2023.
This action is being taken to provide for the safety of life on
navigable waterways during this event. Our regulation for annual
fireworks displays and other events in Sector New Orleans Annual and
Recurring Safety Zones in Sec. 165.801, Table 5 to Sec. 165.801, Item
15, specifies the approximate location of the regulated area on the
Tchefuncte River, in front of the Madisonville Town Hall. During the
enforcement period, as reflected in Sec. 165.801(a), entry into this
safety zone is prohibited unless authorized by the Captain of the Port
or a designated representative.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via Marine Safety Information Bulletin and Broadcast
Notice to Mariners.
Dated: June 24, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-13887 Filed 6-29-23; 8:45 am]
BILLING CODE P
| uscg | 2024-06-07T20:51:06.039327 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0424-0001/content.htm"
} |
USCG-2023-0425-0001 | Rule | 2023-06-06T04:00:00 | Safety Zone; Allegheny River Mile Markers 0.0–0.3, Pittsburgh, PA | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36952-36954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11985]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0425]
RIN 1625-AA00
Safety Zone; Allegheny River Mile Markers 0.0-0.3, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Allegheny River on June 19, 2023, at mile marker 0 to mile
marker 0.3 from 9:30 p.m. through 10 p.m. This action is necessary to
provide for the safety of life on the navigable waters during a
firework display. This rule prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Pittsburgh
(COTP) or a designated representative.
DATES: This rule is effective on June 19, 2023, from 9:30 p.m. through
10 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0425 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Eyobe Mills, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone 412-221-0807, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
[[Page 36953]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. This safety zone must be established by June 19,
2023, to provide for the safety of life on the navigable waters during
a firework display, and we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing this
rule. The NPRM process would delay the establishment of the safety zone
until after the date of the firework display. Vessels inside of the
safety zone have the potential of getting hit by firework debris.
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 and contrary to the public interest
because action is needed by June 19, 2023, to ensure the safety of the
of life on the navigable waters during the firework display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Pittsburgh (COTP) has determined that
potential hazards associated with a firework show on June 19, 2023,
will be a safety concern for anyone on the Allegheny River from mile
markers 0.0 to mile marker 0.3 from 9:30 p.m. to 10 p.m.. The purpose
of this rule is to ensure safety of the participant, vessels, and the
navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:30 p.m. until
10 p.m. on June 19, 2023. The safety zone will cover all navigable
waters on the Allegheny River from mile markers 0.0 to mile marker 0.3.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in the navigable waters during a firework
display.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative of
the COTP. A designated representative is a commissioned, warrant, or
petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of the COTP. To seek permission to enter,
contact the COTP or a designated representative via VHF-FM channel 16,
or through Marine Safety Unit Pittsburgh at 412-221-0807. Persons and
vessels permitted to enter the safety zone must comply with all lawful
orders or directions issued by the COTP or designated representative.
The COTP or a designated representative will inform the public of the
effective period for the safety zone as well as any changes in the
dates and times of enforcement through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This safety zone only
impacts a 0.3 mile stretch on the Allegheny River for 30 minutes on
June 19, 2023. Moreover, the Coast Guard will issue Local Notice to
Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone and the rule allows vessels to seek permission from the
COTP to transit the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 36954]]
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone lasting 30 minutes on June 19, 2023, on the
Allegheny River. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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
Marine safety, Navigation (water), Reporting, and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0425 to read as follows:
Sec. 165.T08-0425 Safety Zone Allegheny River, Pittsburgh, PA.
(a) Location. The following area is a temporary safety zone on the
Allegheny River from mile marker 0.0 to mile marker 0.3.
(b) Definitions. As used in this section, 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 Pittsburgh (COTP) 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on Channel 16 or at 412-670-4288. 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) Enforcement period. This section is effective from 9:30 p.m.
through 10 p.m. on June 19, 2023. The temporary safety zone will be
enforced during the 30 minutes firework show.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2023-11985 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.039815 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0425-0001/content.htm"
} |
USCG-2023-0429-0001 | Proposed Rule | 2023-06-06T04:00:00 | Special Local Regulation: Henderson Bay, Henderson Bay, NY | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Proposed Rules]
[Pages 36999-37003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11654]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0429]
RIN 1625-AA08
Special Local Regulation; Henderson Bay, Henderson Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation for certain waters of Henderson Bay. This action is
necessary to provide for the safety of life on these navigable waters
near Henderson Bay, Henderson Bay, NY, during the swimming portion of a
triathlon on July 8, 2023. This proposed rulemaking would prohibit
persons and vessels from being in the regulated area unless authorized
by the Captain of the Port Sector Buffalo or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 6, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0429 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division, MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].
[[Page 37000]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 27, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting the Henderson
Harbor Triathlon Starting at 8 a.m. on July 8, 2023. The swim portion
of the triathlon will start and end at the Henderson Boat Launch and
will be approximately 750-meters in length. This proposed rulemaking
would prohibit persons and vessels from being in the special local
regulation zone unless authorized by the Captain of the Port Buffalo or
a designated representative.
The purpose of this rulemaking is to ensure the safety of life of
the participants within the regulated area before, during, and after
the scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
8 a.m. through 11 a.m. on July 8, 2023. The special local regulation
would cover all navigable waters within a 750-meter marked swim course
near the Henderson Boat Launch. The duration of the zone is intended to
ensure the safety of swimmers before, during, and after the scheduled 8
through 11 a.m. swimming event. No vessel or person would be permitted
to enter the special local regulation area without obtaining permission
from the COTP or a designated representative. The regulatory text we
are proposing appears at the end of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be minimal due to the closure of the Henderson
Boat Launch. Moreover, the Coast Guard would issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves a special
local regulation lasting 3 hours that would prohibit
[[Page 37001]]
entry within the regulated area. Normally such actions are
categorically excluded from further review under paragraph L61of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0429 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.901, amend Table 1 by adding ``Henderson Harbor Sprint
Triathlon'' to read as follows:
Sec. 100.901 Great Lakes annual marine events.
* * * * *
Table 1
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
Sector Buffalo, NY:
Fireworks by Grucci
Sponsor: New York Power Authority.
Date: Last weekend of July.
Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 800
foot radius of the fireworks launching platform located in approximate
position 43[deg]28'10'' N 076[deg]31'04'' W..
Flagship International Kilo Speed Challenge
Sponsor: Presque Isle Powerboat
Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, south of a line
drawn from 42[deg]08'54'' N 080[deg]05'42'' W; to 42[deg]07' N
080[deg]21' W will be a regulated area. That portion of Lake Erie,
Presque Isle Bay, north of a line drawn from 42[deg]08'54'' N
080[deg]05'42'' W; to 42[deg]07' N 080[deg]21' W will be a ``caution
area''. All vessels transiting the caution area will be operated at
bare steerageway, keeping the vessel's wake at a minimum, and will
exercise a high degree of caution in the area. The bay entrance will
not be effected..
Flagship International Offshore Challenge
Sponsor: Presque Isle Powerboat
Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, Entrance Channel,
and the enclosed area from Erie Harbor Pier Head Light (LLNR 3430)
northeast to 42[deg]12'48'' N 079[deg]57'24'' W, thence south to shore
just east of Shades Beach..
Friendship Festival Airshow
Sponsor: Friendship Festival.
Date: 4th of July holiday.
Location: That portion of the Niagara River and Buffalo. Harbor from:...
Latitude Longitude
42[deg]54.4' N.................... 078[deg]54.1' W, thence to
42[deg]54.4' N.................... 078[deg]54.4' W, thence along the
International Border to
42[deg]52.9' N.................... 078[deg]54.9' W, thence to
42[deg]52.5' N.................... 078[deg]54.3' W, thence to
42[deg]52.7' N.................... 078[deg]53.9' W, thence to
[[Page 37002]]
42[deg]52.8' N.................... 078[deg]53.8' W, thence to
42[deg]53.1' N.................... 078[deg]53.6' W, thence to
42[deg]53.2' N.................... 078[deg]53.6' W, thence to
42[deg]53.3' N.................... 078[deg]53.7' W, thence along the
breakwall to
42[deg]54.4' N.................... 078[deg]54.1' W.
NFBRA Red Dog Kilo Time Trials
Sponsor: Niagara Frontier Boat
Racing Association.
Date: 4th or 5th weekend of
September.
Location: That portion of the Niagara River, Tonawanda Channel, between
Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of
Twomile Creek along a line drawn from 43[deg]00'45'' N 078[deg]55'06''
W to 43[deg]00'28'' N 078[deg]54'56'' W (Sipco Oil Company)..
Sodus Bay 4th of July Fireworks
Sponsor: Sodus Bay Historical
Society.
Date: 4th of July holiday.
Location: Lake Ontario, within a 500 foot radius around a barge anchored
in approximate position 43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay..
Tallship Erie
Sponsor: Erie Maritime Programs,
Inc.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Erie, Presque Isle Bay Entrance Channel
and Presque Isle Bay from:.
Latitude Longitude
42[deg]10' N...................... 080[deg]03' W, thence to
42[deg]08.1' N.................... 080[deg]07' W, thence to
42[deg]07.9' N.................... 080[deg]06.8' W, thence east along
the shoreline and structures to:
42[deg]09.2' N.................... 080[deg]02.6' W, thence to
42[deg]10' N...................... 080[deg]03' W.
Thomas Graves Memorial Fireworks Display
Sponsor: Port Bay Improvement
Association.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 500
ft radius surrounding a barge anchored in approximate position
43[deg]17'46'' N 076[deg]50'02'' W..
Thunder Island Offshore Challenge
Sponsor: Thunder on the Water Inc.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Ontario, Oswego Harbor from the West Pier
Head Light (LLNR 2080) north to:.
Latitude Longitude
43[deg]29'02'' N.................. 076[deg]32'04'' W, thence to
43[deg]26'18'' N.................. 076[deg]39'30'' W, thence to
43[deg]24'55'' N.................. 076[deg]37'45'' W, thence along the
shoreline to the West Pier Head
Light (LLNR 2080).
We Love Erie Days Fireworks
Sponsor: We Love Erie Days
Festival, Inc.
Date: 3rd weekend of August.
Location: That portion of Lake Erie, Erie Harbor, within a 300 foot
radius, surrounding the Erie Sand and Gravel Pier, located in position
42[deg]08'16'' N 080[deg]05'40'' W..
Christmas in July
Sponsor: Henderson Business and
Community Council.
Date: Final weekend of July.
Location: The regulated area would cover all navigable waters within
Henderson Bay starting at point 43[deg]51'44'' N 76[deg]12'07.3'' W and
running north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44.0'' N 76[deg]12'07.3'' W..
Latitude Longitude
43[deg]51'44'' N.................. 076[deg]12'07.3'' W, thence to
43[deg]52'12.2'' N................ 076[deg]11'32.7'' W, thence to
43[deg]53'40.9'' N................ 076[deg]14'08.3'' W, thence (along
the shoreline to end at the
starting position).
Henderson Harbor Sprint Triathlon
Sponsor: Henderson Business and
Community Council.
Date: On or around the 2nd weekend
of July.
Enforcement Period: 0800-1100.
Location: The regulated area would cover navigable waters within
Henderson Bay starting at point 43[deg]51'02.5'' N 076[deg]12'21.9'' W
and running northeast adjacent to the shore to point 43[deg]51'05.9'' N
076[deg]12'12.2'' W, continuing west to point 43[deg]51'06.2'' N
076[deg]12'21.2'' W, ending at starting position at point
43[deg]51'02.5'' N 076[deg]12'21.9'' W..
Latitude Longitude
43[deg]51'02.5'' N................ 076[deg]12'21.9'' W, thence to
43[deg]51'05.9'' N................ 076[deg]12'12.2'' W, thence to
43[deg]51'06.2'' N................ 076[deg]12'21.2'' W, thence (along
the shoreline to end at the
starting position).
------------------------------------------------------------------------
\1\ All coordinates listed in Table 100.901 reference Datum NAD 1983.
[[Page 37003]]
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
and times for each of the listed events in this table are subject to
change. In the event of a change, or for enforcement periods listed
that do not allow a specific date or dates to be determined, the
Captain of the Port will provide notice to the public by publishing a
Notice of Enforcement in the Federal Register, as well as, issuing a
Broadcast Notice to Mariner.
Dated: May 25, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11654 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.041043 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0429-0001/content.htm"
} |
USCG-2023-0431-0001 | Rule | 2023-05-30T04:00:00 | Safety Zone; Laguna Madre, South Padre Island, TX | [Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34446-34448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11430]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0431]
RIN 1625-AA00
Safety Zone; Laguna Madre, South Padre Island, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters in the Laguna Madre. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a firework display launched from a barge
in the Laguna Madre, South Padre Island, Texas. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Corpus Christi or a designated
representative.
DATES: This rule is effective from 9:30 p.m. through 11:59 p.m. on May
28, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone immediately to protect personnel, vessels,
and the marine environment from potential hazards created by the
fireworks display and lack sufficient time to provide a reasonable
comment period and then to consider those comments before issuing the
rule.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with fireworks launched from a barge in the waters of the Laguna Madre.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks display
from 9:30 p.m. through 11:59 p.m. on May 28, 2023, will be a safety
concern for anyone within the waters of the Laguna Madre area with a
700 yard radius from the following point; 26[deg]6'02.1'' N,
97[deg]10'17.7'' W. The purpose of this rule is to ensure safety of
vessels and persons on these navigable waters in the safety zone while
the display of the fireworks takes place in the Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:30 p.m.
through 11:59 p.m. on May 28, 2023. The safety zone will encompass
certain navigable waters of the Laguna Madre and is defined by a 700-
yard radius around the launching platform. The regulated area
encompasses a 700-yard radius from the following point; 26[deg]6'02.1''
N, 97[deg]10'17.7'' W. The fireworks display will take place in waters
of the Laguna Madre. No vessel or person is permitted to enter the
temporary safety zone during the effective period without obtaining
permission from the COTP or a designated representative, who may be
contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-
0450. The Coast Guard will issue Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety Marine Information Broadcasts, as
appropriate.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The temporary safety zone
will be enforced for a short period of 2.5 hours. The zone is limited
to a 700-yard radius from the launching position of in the navigable
[[Page 34447]]
waters of the Laguna Madre. The rule does not completely restrict the
traffic within a waterway and allows mariners to request permission to
enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, and Environmental Planning, COMDTINST 5090.1
(series), 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 establishment of a temporary safety
zone for navigable waters of the Laguna Madre in a zone defined by a
700 yard radius from the following coordinate: 26[deg]6'02.1'' N,
97[deg]10'17.7'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
fireworks display in the waters of the Laguna Madre. It is
categorically excluded from further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
record of environmental consideration is not necessary, but will be
provided if needed.
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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0431 to read as follows:
Sec. 165.T08-0431 Safety Zone; Laguna Madre, South Padre Island, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 700-yard radius from the
following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
(b) Effective period. This section is effective from 9:30 p.m.
through 11:59 p.m. on May 28, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into the temporary safety zone described in
paragraph (a) of this section is prohibited unless authorized by the
Captain of the Port Sector Corpus Christi (COTP) or a designated
representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz)
or by telephone at 361-939-0450.
(2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety
[[Page 34448]]
Marine Information Broadcasts as appropriate.
Dated: May 23, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-11430 Filed 5-25-23; 11:15 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.042858 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0431-0001/content.htm"
} |
USCG-2023-0437-0001 | Rule | 2023-06-27T04:00:00 | Safety Zones; Fireworks Displays in the Fifth Coast Guard District—Brick Township, NJ | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41504-41506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13591]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0234]
RIN 1625-AA00
Safety Zone; Fireworks Display, Great Egg Harbor Bay, Ocean City,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Great Egg Harbor Bay in Ocean City, NJ. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a barge-based fireworks
display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port (COTP)
Delaware Bay. Vessels within the zone prior to the enforcement period
must leave the zone before the enforcement period begins.
DATES: This rule is effective from 9 to 9:45 p.m. on July 29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0234 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Dylan Caikowski, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 16, 2023, Ocean City, New Jersey notified the Coast
Guard that it will be conducting a fireworks display from 9:15 to 9:30
p.m. on July 29, 2023. The fireworks are to be launched from a barge in
Great Egg Harbor Bay, in the vicinity of Rainbow Channel. In response,
on April 24, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Delaware Bay, Lower Township, NJ.
There, we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this fireworks display. During
the comment period that ended May 24, 2023, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with a barge-based fireworks display will
be a safety concern for anyone within 600 feet of the fireworks barge.
The purpose of this rule is to ensure the safety of vessels and of
persons who might be in the navigable waters in the safety zone before,
during, and after a barge-based fireworks display.
[[Page 41505]]
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
24, 2023. The comment stated that the proposed creation of a safety
zone in Great Egg Harbor Bay, Ocean City, NJ, is justified based on the
government's compelling interest in protecting the safety of
individuals and the environment during a fireworks show, outweighing
the minimal restriction on individual freedom. There are no changes in
the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary safety zone from 9 to 9:45 p.m.
on July 29, 2023. The safety zone will cover all navigable waters
within 600 feet of a barge in Great Egg Harbor Bay located at
approximate position latitude 39[deg]17'23.7'' N, longitude
074[deg]34'31.3'' W. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 9:15 to 9:30 p.m. fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the following
factors: (1) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (2)
persons and vessels will still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
COTP; and (3) the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone lasting 45 minutes that would prohibit entry
within 600 feet of a fireworks barge. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions
[[Page 41506]]
on locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0234 to read as follows:
Sec. 165.T05-0234 Safety Zone; Fireworks Display, Great Egg Harbor
Bay, Ocean City, NJ.
(a) Location. All navigable waters within 600 feet of a barge in
Great Egg Harbor Bay located at approximate position latitude
39[deg]17'23.7'' N, longitude 074[deg]34'31.3'' W.
(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 (COTP), Sector 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 or remain in 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 or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. 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.
(3) No vessel authorized to enter or remain in the zone may take on
bunkers or conduct lightering operations within the safety zone during
its 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.
(e) Enforcement period. This zone will be enforced from
approximately 9 to 9:45 p.m. on July 29, 2023.
Dated: June 21, 2023.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-13591 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.044076 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0437-0001/content.htm"
} |
USCG-2023-0437-0003 | Rule | 2023-06-27T04:00:00 | Safety Zone: Fireworks Displays in the Fifth Coast Guard District, Brick Township, NJ | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Page 41504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13590]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0437]
Safety Zones; Fireworks Displays in the Fifth Coast Guard
District--Brick Township, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Metedeconk River, Brick
Township, NJ Safety Zone for fireworks displays on four separate
periods. The safety zone will be enforced on July 6, 2023, July 13,
2023, July 20, 2023, and July 27, 2023, or on a rain date of August 10,
2023, to provide for the safety of life on navigable waterways during
each of the four separate land-based fireworks displays. Our regulation
for marine events within the Fifth Coast Guard District identifies the
boundaries of the regulated area for this event near the shoreline at
Brick Township, NJ. During the enforcement period, no person or vessel
may enter, remain in, or transit through the regulated area, and anyone
in the vicinity must comply with directions from the Patrol Commander
or any Official Patrol displaying a Coast Guard ensign.
DATES: The portion of the regulation 33 CFR 165.506 for Brick Township,
NJ, will be enforced for the location identified in entry 5 of table 1
to paragraph (h)(1), from 9 through 9:45 p.m. on July 6, 2023, July 13,
2023, July 20, 2023, and July 27, 2023, or on a rain date of August 10,
2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone 215-271-4814, email [email protected].
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce the safety zone in table 1 to
paragraph (h)(1) to 33 CFR 165.506, entry No. 5 for four periods, for
four separate land-based fireworks displays. The enforcement periods
will be from 9 through 9:45 p.m. on July 6, 2023, July 13, 2023, July
20, 2023, and July 27, 2023, or on a rain date of August 10, 2023. This
action is necessary to ensure the safety of life on the navigable
waters of the United States immediately prior to, during, and
immediately after fireworks displays. Our regulation for safety zones
of fireworks displays within the Fifth Coast Guard District, table 1 to
paragraph (h)(1) to 33 CFR 165.506, entry 5 specifies the location of
the regulated area as all waters of the Metedeconk River within a 300-
yard radius of the fireworks launch platform in approximate position
latitude 40[deg]03'23'' N, longitude 074[deg]06'39'' W, near the
shoreline at Brick Township, NJ. During the enforcement period, as
reflected in section 165.506(d), vessels may not enter, remain in, or
transit through the safety zone unless authorized by the Captain of the
Port or designated Coast Guard patrol personnel on-scene.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via Local Notice to Mariners and Broadcast Notice to Mariners.
Dated: June 21, 2023.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-13590 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.044937 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0437-0003/content.htm"
} |
USCG-2023-0438-0001 | Proposed Rule | 2023-08-16T04:00:00 | Great Lakes Pilotage Rates—2024 Annual Review |
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Proposed Rules]
[Pages 55629-55660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17474]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 401
[Docket No. USCG-2023-0438]
RIN 1625-AC89
Great Lakes Pilotage Rates--2024 Annual Review
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In accordance with the statutory provisions enacted by the
Great Lakes Pilotage Act of 1960, the Coast Guard is proposing new
pilotage rates for the 2024 shipping season. The Coast Guard estimates
that this proposed rule would result in approximately a 5-percent
increase in operating costs compared to the 2023 season.
DATES: Comments and related material must be received by the Coast
Guard on or before September 15, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0438 using the Federal Decision Making Portal at
www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Brian Rogers, Commandant, Office of Waterways and
Ocean Policy--Great Lakes Pilotage Division (CG-WWM-2), Coast Guard;
telephone 410-360-9260, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Executive Summary
IV. Basis and Purpose
V. Background
VI. Summary of the Ratemaking Methodology
VII. Historic Methodological and Other Changes
VIII. Individual Target Pilot Compensation Benchmark
IX. Discussion of Proposed Rate Adjustments
District One
A. Step 1: Recognize Previous Operating Expenses
B. Step 2: Project Operating Expenses, Adjusting for Inflation
or Deflation
C. Step 3: Estimate Number of Registered Pilots and Apprentice
Pilots
D. Step 4: Determine Target Pilot Compensation Benchmark and
Apprentice Pilot Wage Benchmark
E. Step 5: Project Working Capital Fund
F. Step 6: Project Needed Revenue
G. Step 7: Calculate Initial Base Rates
H. Step 8: Calculate Average Weighting Factors by Area
I. Step 9: Calculate Revised Base Rates
J. Step 10: Review and Finalize Rates
District Two
A. Step 1: Recognize Previous Operating Expenses
B. Step 2: Project Operating Expenses, Adjusting for Inflation
or Deflation
C. Step 3: Estimate Number of Registered Pilots and Apprentice
Pilots
D. Step 4: Determine Target Pilot Compensation Benchmark and
Apprentice Pilot Wage Benchmark
E. Step 5: Project Working Capital Fund
F. Step 6: Project Needed Revenue
G. Step 7: Calculate Initial Base Rates
H. Step 8: Calculate Average Weighting Factors by Area
I. Step 9: Calculate Revised Base Rates
J. Step 10: Review and Finalize Rates
District Three
A. Step 1: Recognize Previous Operating Expenses
B. Step 2: Project Operating Expenses, Adjusting for Inflation
or Deflation
C. Step 3: Estimate Number of Registered Pilots and Apprentice
Pilots
D. Step 4: Determine Target Pilot Compensation Benchmark and
Apprentice Pilot Wage Benchmark
E. Step 5: Project Working Capital Fund
F. Step 6: Project Needed Revenue
G. Step 7: Calculate Initial Base Rates
H. Step 8: Calculate Average Weighting Factors by Area
I. Step 9: Calculate Revised Base Rates
J. Step 10: Review and Finalize Rates
X. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at www.regulations.gov. To do so, go
to www.regulations.gov, type USCG-2023-0438 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If you cannot submit
your material by using www.regulations.gov, call or email the person in
the FOR FURTHER INFORMATION CONTACT section of this proposed rule for
alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the www.regulations.gov Frequently Asked Questions web
page. This web page also explains how to subscribe for email alerts
that will notify you when comments are posted or if a final rule is
published. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive.
Personal information. We accept anonymous comments. Comments we
post to www.regulations.gov will include any personal information you
have provided. For more about privacy and submissions to the docket in
response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting, but we
will consider doing so if we determine from public comments that a
meeting would be helpful. We would issue a separate Federal Register
notice to announce the date, time, and location of such a meeting.
[[Page 55630]]
II. Abbreviations
2023 final rule Great Lakes Pilotage Rates--2023 Annual Ratemaking
and Review of Methodology final rule
AMOU American Maritime Officers Union
APA American Pilots' Association
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CPA Certified public accountant
CPI Consumer Price Index
DHS Department of Homeland Security
Director U.S. Coast Guard's Director of the Great Lakes Pilotage
ECI Employment Cost Index
FOMC Federal Open Market Committee
FR Federal Register
GLPA Great Lakes Pilotage Authority (Canadian)
GLPAC Great Lakes Pilotage Advisory Committee
GLPMS Great Lakes Pilotage Management System
LPA Lakes Pilots Association
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PCE Personal Consumption Expenditures
Sec. Section
SBA Small Business Administration
SLSPA Saint Lawrence Seaway Pilotage Association
U.S.C. United States Code
WGLPA Western Great Lakes Pilots Association
III. Executive Summary
In accordance with Title 46 of the United States Code (U.S.C.),
Chapter 93,\1\ the Coast Guard regulates pilotage for oceangoing
vessels on the Great Lakes and St. Lawrence Seaway--including setting
the rates for pilotage services and adjusting them on an annual basis
for the upcoming shipping season. The shipping season begins when the
locks open in the St. Lawrence Seaway, which allows traffic access to
and from the Atlantic Ocean. The opening of the locks varies annually,
depending on waterway conditions, but is generally in March or April.
The rates, which for the 2024 season range from a proposed $413 to $925
per pilot hour (depending on which of the specific 6 areas pilotage
service is provided), are paid by shippers to the pilot associations.
The three pilot associations, which are the exclusive U.S. source of
registered pilots on the Great Lakes, use this revenue to cover
operating expenses, maintain infrastructure, compensate apprentice and
registered pilots, acquire and implement technological advances, train
new personnel, and provide for continuing professional development.
---------------------------------------------------------------------------
\1\ 46 U.S.C. 9301-9308.
---------------------------------------------------------------------------
In accordance with statutory and regulatory requirements, the Coast
Guard employs the ratemaking methodology introduced in 2016 and
finalized in 2023. Our ratemaking methodology calculates the revenue
needed for each pilotage association (operating expenses, compensation
for the number of pilots, and anticipated inflation), and then divides
that amount by the expected demand for pilotage services over the
course of the coming year to produce an hourly rate. This is a 10-step
methodology to calculate rates, which is explained in detail in section
VI., Summary of the Ratemaking Methodology, in the preamble to this
proposed rule.
In this notice of proposed rulemaking (NPRM), we are conducting our
annual review and interim adjustment to the base pilotage rates for
2024. The Coast Guard last conducted a full ratemaking in 2023, with
the ``Great Lakes Pilotage Rates--2023 Annual Ratemaking and Review of
Methodology'' final rule (hereafter the ``2023 final rule'') (88 FR
12226, published February 27, 2023).\2\ Per title 46 of the Code of
Federal Regulations (CFR), section 404.100(b), via this NPRM, the Coast
Guard's Director of the Great Lakes Pilotage (``the Director'')
proposes to establish base pilotage rates by an interim ratemaking
pursuant to Sec. Sec. 404.101 through 404.110.
---------------------------------------------------------------------------
\2\ https://www.govinfo.gov/content/pkg/FR-2023-02-27/pdf/2023-03212.pdf (last visited 5/12/2023).
---------------------------------------------------------------------------
The Coast Guard sets base rates to meet the goal of promoting safe,
efficient, and reliable pilotage service on the Great Lakes by
generating sufficient revenue for each pilotage association to
reimburse its necessary and reasonable operating expenses, fairly
compensate trained and rested pilots, and provide appropriate funds to
use for improvements. A 10-year average is used when calculating
traffic to smooth out anomalies caused by unexpected events, such as
those caused by the COVID-19 pandemic. The Coast Guard estimates that
this proposed rule would result in $1,914,438 of additional costs. This
represents an increase in revenue needed for target pilot compensation,
an increase in revenue needed for the total apprentice pilot wage
benchmark, an increase in the revenue needed for adjusted operating
expenses, and an increase in the revenue needed for the working capital
fund.
Based on the ratemaking model discussed in this NPRM, the Coast
Guard is proposing the rates shown in table 1.
Table 1--Current and Proposed 2024 Pilotage Rates on the Great Lakes
----------------------------------------------------------------------------------------------------------------
Final 2023 Proposed 2024
Area Name pilotage rate pilotage rate
----------------------------------------------------------------------------------------------------------------
District One: Designated...................... St. Lawrence River.............. $876 $925
District One: Undesignated.................... Lake Ontario.................... 586 606
District Two: Designated...................... Navigable waters from Southeast 601 660
Shoal to Port Huron, MI.
District Two: Undesignated.................... Lake Erie....................... 704 586
District Three: Designated.................... St. Mary's River................ 834 805
District Three: Undesignated.................. Lakes Huron, Michigan, and 410 413
Superior.
----------------------------------------------------------------------------------------------------------------
This proposed rule would affect 56 U.S. Great Lakes pilots, 7
apprentice pilots, 3 pilot associations, and the owners and operators
of an average of 277 oceangoing vessels that transit the Great Lakes
annually. This proposed rule is not economically significant under
Executive Order 12866 and would not affect the Coast Guard's budget or
increase Federal spending. The estimated overall annual regulatory
economic impact of this rate change would be a net increase of
$1,914,438 in estimated payments made by shippers during the 2024
shipping season. This proposed rule would establish the 2024 yearly
target compensation for pilots on the Great Lakes at $442,403 per pilot
(a $18,005 increase, or 4.24 percent, over their 2023 target
compensation). Because the Coast Guard must review, and, if necessary,
adjust rates each year, we analyze these as single-year costs and do
not annualize them over 10 years. Section X., Regulatory Analyses, in
this preamble provides the regulatory impact analyses of this proposed
rule.
[[Page 55631]]
IV. Basis and Purpose
The legal basis of this rulemaking is 46 U.S.C. Chapter 93,\3\
which requires foreign merchant vessels and United States vessels
operating ``on register'' (meaning United States vessels engaged in
foreign trade) to use United States or Canadian pilots while transiting
the United States waters of the St. Lawrence Seaway and the Great Lakes
system.\4\ For U.S. Great Lakes pilots, the statute requires the
Secretary to ``prescribe by regulation rates and charges for pilotage
services, giving consideration to the public interest and the costs of
providing the services.'' \5\ The statute requires that rates be
established or reviewed and adjusted each year, no later than March
1.\6\ The statute also requires that base rates be established by a
full ratemaking at least once every 5 years, and, in years when base
rates are not established, they must be reviewed and, if necessary,
adjusted.\7\ The Secretary's duties and authority under 46 U.S.C.
Chapter 93 have generally been delegated to the Coast Guard.\8\
---------------------------------------------------------------------------
\3\ 46 U.S.C. 9301-9308.
\4\ 46 U.S.C. 9302(a)(1).
\5\ 46 U.S.C. 9303(f).
\6\ Ibid.
\7\ Ibid.
\8\ Department of Homeland Security (DHS) Delegation No. 00170.1
(II)(92)(f), Revision No. 01.3. The Secretary retains the authority
under Section 9307 to establish, and appoint members to, a Great
Lakes Pilotage Advisory Committee.
---------------------------------------------------------------------------
Each pilot association is an independent business and is the sole
provider of pilotage services in its district of operation. Each pilot
association is responsible for funding its own operating expenses,
maintaining infrastructure, compensating pilots and apprentice
pilots,\9\ acquiring and implementing technological advances, and
training personnel and partners.
---------------------------------------------------------------------------
\9\ Apprentice pilots and applicant pilots are compensated by
the pilot association they are training with, which is funded
through the pilotage rates. The ratemaking methodology accounts for
an apprentice pilot wage benchmark in Step 4 per 46 CFR 404.104(d).
The applicant pilot salaries are included in the pilot associations'
operating expenses used in Step 1 per 46 CFR 404.101.
---------------------------------------------------------------------------
The Coast Guard uses a 10-step ratemaking methodology to derive a
pilotage rate, based on the estimated amount of traffic, which covers
these expenses.\10\ The methodology is designed to measure how much
revenue each pilotage association would need to cover expenses and to
provide competitive compensation to registered pilots. Since the Coast
Guard cannot guarantee demand for pilotage services, target pilot
compensation for registered pilots is a goal. The actual demand for
service dictates the actual compensation for the registered pilots. We
then divide that amount by the historic 10-year average for pilotage
demand. We recognize that, in years where traffic is above average,
pilot associations will accrue more revenue than projected while, in
years where traffic is below average, they will take in less. We
believe that, over the long term, however, this system ensures that
infrastructure will be maintained, and that pilots will receive
adequate compensation and work a reasonable number of hours, with
adequate rest between assignments, to ensure retention of highly
trained personnel.
---------------------------------------------------------------------------
\10\ 46 CFR part 404.101-404.110. https://www.ecfr.gov/current/title-46/chapter-III/part-404 (Last visited 5/17/23).
---------------------------------------------------------------------------
The purpose of this proposed rule is to issue new pilotage rates
for the 2024 shipping season. The Coast Guard believes that the new
rates will continue to promote our goal, as outlined in 46 CFR 404.1,
of promoting safe, efficient, and reliable pilotage service in the
Great Lakes by generating sufficient revenue for each pilotage
association to reimburse its necessary and reasonable operating
expenses, fairly compensate trained and rested pilots, and provide
appropriate funds to use for improvements.
V. Background
Pursuant to 46 U.S.C. 9303, the Coast Guard regulates shipping
practices and rates on the Great Lakes. Under Coast Guard regulations,
all vessels engaged in foreign trade (often referred to as ``salties'')
are required to engage United States or Canadian pilots during their
transit through the regulated waters.\11\ United States and Canadian
``lakers,'' which account for most commercial shipping on the Great
Lakes, are not affected.\12\ Generally, vessels are assigned a United
States or Canadian pilot, depending on the order in which they transit
a particular area of the Great Lakes, and do not choose the pilot they
receive. If a vessel is assigned a U.S. pilot, that pilot will be
assigned by the pilotage association responsible for the district in
which the vessel is operating, and the vessel operator will pay the
pilotage association for the pilotage services. The Great Lakes
Pilotage Authority (Canadian) (GLPA) establishes the rates for Canadian
registered pilots.
---------------------------------------------------------------------------
\11\ See 46 CFR part 401. https://www.ecfr.gov/current/title-46/chapter-III/part-401 (Last visited 5/17/23).
\12\ 46 U.S.C. 9302(f). A ``laker'' is a commercial cargo vessel
especially designed for and generally limited to use on the Great
Lakes. https://uscode.house.gov/view.xhtml?req=granuleid:U.S.C.-prelim-title46-section9302#=0&edition=prelim (Last visited 5/17/
23).
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The U.S. waters of the Great Lakes and the St. Lawrence Seaway are
divided into three pilotage districts. Pilotage in each district is
provided by an association certified by the Director to operate a
pilotage pool. The Saint Lawrence Seaway Pilotage Association (SLSPA)
provides pilotage services in District One, which includes all U.S.
waters of the St. Lawrence River and Lake Ontario. The Lakes Pilots
Association (LPA) provides pilotage services in District Two, which
includes all U.S. waters of Lake Erie, the Detroit River, Lake St.
Clair, and the St. Clair River. Finally, the Western Great Lakes Pilots
Association (WGLPA) provides pilotage services in District Three, which
includes all U.S. waters of the St. Mary's River; Sault Ste. Marie
Locks; and Lakes Huron, Michigan, and Superior.
Each pilotage district is further divided into ``designated'' and
``undesignated'' areas, depicted in table 2. Designated areas,
classified as such by Presidential Proclamation, are waters in which
pilots must direct the navigation of vessels at all times.\13\
Undesignated areas are open bodies of water not subject to the same
pilotage requirements. While working in undesignated areas, pilots must
``be on board and available to direct the navigation of the vessel at
the discretion of and subject to the customary authority of the
master.'' \14\ For these reasons, pilotage rates in designated areas
can be significantly higher than those in undesignated areas. Table 2
shows the districts and areas of the Great Lakes and St. Lawrence
Seaway.
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\13\ Presidential Proclamation 3385, Designation of restricted
waters under the Great Lakes Pilotage Act of 1960, December 22, 1960
(https://www.archives.gov/federal-register/codification/proclamations/03385.html) (Last visited 5/31/23).
\14\ 46 U.S.C. 9302(a)(l)(B).
[[Page 55632]]
Table 2--Areas of the Great Lakes and St. Lawrence Seaway
----------------------------------------------------------------------------------------------------------------
Pilotage Area
District association Designation Number \15\ Area Name \16\
----------------------------------------------------------------------------------------------------------------
One............................. Saint Lawrence Designated.............. 1 St. Lawrence
Seaway Pilotage River.
Association
(SLPSA).
Undesignated............ 2 Lake Ontario.
Two............................. Lakes Pilots Designated.............. 5 Navigable waters
Association (LPA). from Southeast
Shoal to Port
Huron, MI.
Undesignated............ 4 Lake Erie.
Three........................... Western Great Lakes Designated.............. 7 St. Marys River.
Pilots Association
(WGLPA).
Undesignated............ 6 Lakes Huron and
Michigan.
Undesignated............ 8 Lake Superior.
----------------------------------------------------------------------------------------------------------------
Over the past several years, the Coast Guard has adjusted the Great
Lakes pilotage ratemaking methodology per our authority in 46 U.S.C.
9303(f) to conduct annual reviews of base pilotage rates and adjust
such base rates in each intervening year in consideration of the public
interest and the costs of providing the services. The current
methodology was finalized in the 2023 final rule.\17\ We summarize the
current methodology in the following section.
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\15\ Area 3 is the Welland Canal, which is serviced exclusively
by the Canadian GLPA and, accordingly, is not included in the United
States pilotage rate structure.
\16\ The areas are listed by name at 46 CFR 401.405. https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.405 (Last visited 5/17/23).
\17\ 88 FR 12226.
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VI. Summary of the Ratemaking Methodology
As stated previously, the ratemaking methodology, outlined in 46
CFR 404.101 through 404.110, consists of 10 steps that are designed to
account for the revenues needed and total traffic expected in each
district. The first several steps of the methodology establish base
pilotage rates. Additional steps to incorporate the weighting factors
are necessary to establish the final pilot rates. The result is an
hourly rate, determined separately for each of the areas administered
by the Coast Guard.
In Step 1, ``Recognize previous operating expenses,'' (Sec.
404.101), the Director reviews audited operating expenses from each of
the three pilotage associations. Operating expenses include all
allowable expenses, minus wages and benefits. This number forms the
baseline amount that each association is budgeted. Because of the time
delay between when the association submits raw numbers and when the
Coast Guard receives audited numbers, this number is 3 years behind the
projected year of expenses. Therefore, in calculating the 2024 rates in
this proposal, we begin with the audited expenses from the 2021
shipping season.
While each pilotage association operates in an entire district
(including both designated and undesignated areas), the Coast Guard
determines costs by area. We allocate certain operating expenses to
designated areas and certain operating expenses to undesignated areas.
In some cases, we can allocate the costs based on where they are
accrued. For example, we can allocate the costs of insurance for
apprentice pilots who operate in undesignated areas only. In other
situations, such as general legal expenses, expenses are distributed
between designated and undesignated waters on a pro rata basis, based
upon the proportion of income forecasted from the respective portions
of the district.
In Step 2, ``Project operating expenses, adjusting for inflation or
deflation,'' (Sec. 404.102), the Director develops the 2024 projected
operating expenses. To do this, we apply inflation adjustors for 3
years to the operating expense baseline received in Step 1. The
inflation factors are from the Bureau of Labor Statistics' (BLS)
Consumer Price Index (CPI) for the Midwest Region, or, if not
available, the Federal Open Market Committee (FOMC) median economic
projections for Personal Consumption Expenditures (PCE) inflation. This
step produces the total operating expenses for each area and district.
In Step 3, ``Estimate number of registered pilots and apprentice
pilots,'' (Sec. 404.103), the Director calculates how many registered
and apprentice pilots, including apprentice pilots with limited
registrations, are needed for each district. To do this, we employ a
``staffing model,'' described in Sec. 401.220, paragraphs (a)(1)
through (3), to estimate how many pilots would be needed to handle
shipping during the beginning and close of the season. This number
provides guidance to the Director in approving an appropriate number of
pilots.
For the purpose of the ratemaking calculation, we determine the
number of pilots provided by the pilotage associations (see Sec.
404.103) and use that figure to determine how many pilots need to be
compensated via the pilotage fees collected.
In the first part of Step 4, ``Determine target pilot compensation
benchmark and apprentice pilot wage benchmark,'' (Sec. 404.104(a)),
the Director determines the revenue needed for pilot compensation in
each area and district and calculates the total compensation for each
pilot using a ``compensation benchmark.''
In the second part of Step 4, (Sec. 404.104(c)), the Director
determines the total compensation figure for each district. To do this,
the Director multiplies the compensation benchmark by the number of
pilots for each area and district (from Step 3), producing a figure for
total pilot compensation.
In Step 5, ``Project working capital fund,'' (Sec. 404.105), the
Director calculates an added value to pay for needed capital
improvements and other non-recurring expenses, such as technology
investments and infrastructure maintenance. This value is calculated by
adding the total operating expenses (derived in Step 2) to the total
pilot compensation and the total target apprentice pilot wage (derived
in Step 4), then by multiplying that figure by the preceding year's
average annual rate of return for new issues of high-grade corporate
securities. This figure constitutes the ``working capital fund'' for
each area and district.
In Step 6, ``Project needed revenue,'' (Sec. 404.106), the
Director simply adds the totals produced by the preceding steps. The
projected operating expense for each area and district (from Step 2) is
added to the total pilot compensation, including apprentice pilot wage
benchmarks (from Step 4), and the working capital fund contribution
(from Step 5). The total figure, calculated
[[Page 55633]]
separately for each area and district, is the ``needed revenue.''
In Step 7, ``Calculate initial base rates,'' (Sec. 404.107), the
Director calculates an hourly pilotage rate to cover the needed
revenue, as calculated in Step 6. This step consists of first
calculating the 10-year average of traffic hours for each area. Next,
we divide the revenue needed in each area (calculated in Step 6) by the
10-year average of traffic hours to produce an initial base rate.
An additional element, the ``weighting factor,'' is required under
Sec. 401.400. Pursuant to that section, ships pay a multiple of the
``base rate'', as calculated in Step 7, by a number ranging from 1.0
(for the smallest ships, or ``Class I'' vessels) to 1.45 (for the
largest ships, or ``Class IV'' vessels). This significantly increases
the revenue collected, and we need to account for the added revenue
produced by the weighting factors to ensure that shippers are not
overpaying for pilotage services. We do this in the next step.
In Step 8, ``Calculate average weighting factors by Area,'' (Sec.
404.108), the Director calculates how much extra revenue, as a
percentage of total revenue, has historically been produced by the
weighting factors in each area. We do this by using a historical
average of the applied weighting factors for each year since 2014 (the
first year the current weighting factors were applied).
In Step 9, ``Calculate revised base rates,'' (Sec. 404.109), the
Director modifies the base rates by accounting for the extra revenue
generated by the weighting factors. We do this by dividing the initial
pilotage rate for each area (from Step 7) by the corresponding average
weighting factor (from Step 8), to produce a revised rate.
In Step 10, ``Review and finalize rates,'' (Sec. 404.110), often
referred to informally as ``Director's discretion'', the Director
reviews the revised base rates (from Step 9) to ensure that they meet
the goals set forth in 46 U.S.C. 9303(f) and 46 CFR 404.1(a), which
include promoting efficient, safe, and reliable pilotage service on the
Great Lakes; generating sufficient revenue for each pilotage
association to reimburse necessary and reasonable operating expenses;
compensating trained and rested pilots fairly; and providing
appropriate revenue for improvements.
After the base rates are set, Sec. 401.401 permits the Coast Guard
to apply surcharges. We are not proposing to use any surcharges in this
proposed rule. In previous ratemakings, where apprentice pilot wages
were not built into the rate, the Coast Guard used surcharges to cover
applicant pilot compensation in those years to help with applicant
recruitment. In this proposed rule, we include the applicant trainee
compensation in the district's operating expenses used in Step 1.
Consistent with the 2021, 2022, and 2023 rulemakings, in this proposed
rule, we continue to believe that the pilot associations are able to
plan for the costs associated with hiring applicant pilots to fill
pilot vacancies without relying on the Coast Guard to impose surcharges
to help with recruiting.
VII. Historic Methodological and Other Changes
The Coast Guard is proposing to use the existing ratemaking
methodology for establishing the base rates in this interim ratemaking.
The Coast Guard is not proposing any methodological or other policy
changes to the ratemaking within this NPRM.
According to 46 U.S.C. 9303(f), and restated in 46 CFR 404.100(a),
the Coast Guard must only establish base rates by a full ratemaking at
least once every 5 years. The Coast Guard has determined that the
current base rate and methodology still adequately adheres to the Coast
Guard's goals through rate and compensation stability, while promoting
recruitment and retention of qualified U.S.-registered pilots. The
Coast Guard has made several changes to the ratemaking methodology over
the last several years in consideration of the public interest and the
costs of providing services. The recent changes and their impacts are
summarized as follows.
In the 2017 ratemaking, Great Lakes Pilotage Rates--2017 Annual
Review (82 FR 41466, published August 31, 2017),\18\ the Coast Guard
modified the methodology to account for the additional revenue produced
by the application of weighting factors. This is discussed in detail in
Steps 7 through 9 for each district, in section IX., Discussion of
Proposed Rate Adjustments, of this preamble.
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\18\ https://www.govinfo.gov/content/pkg/FR-2017-08-31/pdf/2017-18411.pdf (last visited 5/12/2023).
---------------------------------------------------------------------------
In the 2018 ratemaking, Great Lakes Pilotage Rates--2018 Annual
Review and Revisions to Methodology (83 FR 26162, published June 5,
2018),\19\ the Coast Guard adopted a new approach in the methodology
for the compensation benchmark, based upon United States mariners,
rather than Canadian working pilots.
---------------------------------------------------------------------------
\19\ https://www.govinfo.gov/content/pkg/FR-2018-06-05/pdf/2018-11969.pdf (last visited 5/12/2023).
---------------------------------------------------------------------------
In the 2020 ratemaking, Great Lakes Pilotage Rates--2020 Annual
Review and Revisions to Methodology (85 FR 20088, published April 9,
2020),\20\ the Coast Guard revised the methodology to accurately
capture all costs and revenues associated with Great Lakes pilotage
requirements and to produce an hourly rate that adequately and
accurately compensates pilots and covers expenses.
---------------------------------------------------------------------------
\20\ https://www.govinfo.gov/content/pkg/FR-2020-04-09/pdf/2020-06968.pdf (last visited 5/12/2023).
---------------------------------------------------------------------------
The 2021 ratemaking, Great Lakes Pilotage Rates--2021 Annual Review
and Revisions to Methodology (86 FR 14184, published March 12,
2021),\21\ changed the inflation calculation in Step 4, Sec.
404.104(b), for interim ratemakings, so that the previous year's target
compensation value is first adjusted by actual inflation value using
the Employment Cost Index (ECI). That change ensures that the target
pilot compensation reimbursed to the association remains current with
inflation and competitive with industry pay increases.
---------------------------------------------------------------------------
\21\ https://www.govinfo.gov/content/pkg/FR-2021-03-12/pdf/2021-05050.pdf (last visited 5/12/2023).
---------------------------------------------------------------------------
The 2022 ratemaking, Great Lakes Pilotage Rates--2022 Annual Review
and Revisions to Methodology (87 FR 18488, published March 30,
2022),\22\ implemented an apprentice pilot wage benchmark in Steps 3
and 4 to provide predictability and stability to pilot associations
training apprentice pilots. The 2022 final rule also codified rounding
up the staffing model's final number to ensure that the ratemaking does
not undercount the pilot need presented by the staffing model and
association circumstances.
---------------------------------------------------------------------------
\22\ https://www.govinfo.gov/content/pkg/FR-2022-03-30/pdf/2022-06394.pdf (last visited 5/12/2023).
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VIII. Individual Target Pilot Compensation Benchmark
The Coast Guard is proposing to set the target pilot compensation
benchmark in this NPRM at the target compensation for the ratemaking
year 2023, adjusted for inflation. In an interim ratemaking year, the
base target pilot compensation would be adjusted annually in accordance
with Sec. 404.104(b). The Coast Guard arrived at this proposed
compensation benchmark as explained in the following paragraphs.
Before 2016, the Coast Guard based the compensation benchmark on
data provided by the American Maritime Officers Union (AMOU) regarding
its contract for first mates on the Great Lakes. However, in 2016, the
AMOU elected to no longer provide this data to the Coast Guard. In the
2016 ratemaking, Great Lakes Pilotage Rates--2016 Annual Review and
Changes to Methodology (81 FR 11908, published
[[Page 55634]]
March 7, 2016),\23\ the Coast Guard used the average compensation for a
Canadian pilot, plus a 10-percent adjustment. The shipping industry
challenged the compensation benchmark, and the court found that the
Coast Guard did not adequately support the 10-percent addition to the
Canadian GLPA compensation benchmark. American Great Lakes Ports
Association v. Zukunft, 296 F.Supp. 3d 27, 48 (D.D.C. 2017), aff'd sub
nom. American Great Lakes Ports Association v. Schultz, 962 F.3d 510
(D.C. Cir. 2020). The Coast Guard then based the 2018 full ratemaking
compensation benchmark on data provided by the AMOU, regarding its
contract for first mates on the Great Lakes in the 2011 to 2015 period
(83 FR 26162). The 2018 final rule adjusted the AMOU 2015 data for
inflation using Federal Open Market FOMC median economic projections
for PCE inflation.
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\23\ https://www.govinfo.gov/content/pkg/FR-2016-03-07/pdf/2016-04894.pdf (last visited 5/12/2023).
---------------------------------------------------------------------------
In the 2020 interim year ratemaking final rule,\24\ the Coast Guard
established its most recent pilot compensation benchmark. Given the
lack of access to AMOU data, the Coast Guard did not rely on the AMOU
aggregated wage and benefit information as the basis for the
compensation benchmark. Instead, the Coast Guard adopted the 2019
target pilot compensation (with inflation) as our compensation
benchmark going forward. The Coast Guard stated in the 2020 final rule
that no other United States or Canadian pilot compensation data was
appropriate to use as a benchmark at that time (85 FR 20091). The
Director determined that the ratemaking provided adequate compensation
for pilots. In the 2020 ratemaking, the Coast Guard announced that the
2020 benchmark will be used for future rates (85 FR 20091).
---------------------------------------------------------------------------
\24\ 85 FR 20088.
---------------------------------------------------------------------------
Based on our experience over the past four ratemakings (2020-2023),
the Director continues to believe that the level of target pilot
compensation for those years provided an appropriate level of
compensation for U.S.-registered pilots. According to Sec. 404.104(a),
the Director may make necessary and reasonable adjustments to the
benchmark based on current information. However, current circumstances
do not indicate that an adjustment, other than for inflation, is
necessary. The Director bases this decision on the fact that there is
no indication that registered pilots are resigning due to their
compensation, or that this compensation benchmark is causing shortfalls
in achieving reliable pilotage service. The Coast Guard also does not
believe that the pilot compensation benchmark is too high relative to
the expertise required to perform the job. The compensation will
continue to be adjusted annually, in accordance with published
inflation rates, which will ensure the compensation remains competitive
and current for upcoming years.
Therefore, the Coast Guard proposes to not seek alternative
benchmarks for target compensation at this time and, instead, to simply
adjust the amount of target pilot compensation for inflation as our
target compensation benchmark for 2024, as shown in Step 4. This target
compensation benchmark approach has advanced and will continue to
advance the Coast Guard's goals through rate and compensation stability
while also promoting recruitment and retention of qualified U.S.
pilots.
The proposed compensation benchmark for 2024 is $442,403 per
registered pilot and $159,265 per apprentice pilot, using the 2023
compensation as a benchmark. We follow the procedure outlined in
paragraph (b) of Sec. 404.104, which adjusts the existing compensation
benchmark for inflation. We use a two-step process to adjust target
pilot compensation for inflation. First, we adjust the 2023 target
compensation benchmark of $424,398 by 1.7 percent for an adjusted value
of $431,613. This first adjustment accounts for the difference in
actual first quarter 2023 ECI inflation, which is 4.4 percent, and the
2023 PCE estimate of 2.7 percent.\25\ The second step accounts for
projected inflation from 2023 to 2024, which is 2.5 percent.\26\ Based
on the projected 2024 inflation estimate, the proposed target
compensation benchmark for 2024 is $442,403 per pilot. The proposed
apprentice pilot wage benchmark is 36 percent of the target pilot
compensation, or $159,265 ($442,403 x 0.36).\27\
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\25\ Employment Cost Index, Total Compensation for Private
Industry workers in Transportation and Material Moving, Annual
Average, Series ID: CIU2010000520000A. https://www.bls.gov/news.release/eci.t05.htm (Last visited 04/28/23); and Table 1
Summary of Economic Projections, PCE Inflation. https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20220316.pdf
(Last visited 05/17/23).
\26\ Table 1 Summary of Economic Projections, PCE Inflation
December Projection. https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf (Last visited 03/2023).
\27\ For more information on the proposed apprentice pilot wage
benchmark, see the Coast Guard's 2022 Annual Review and Revisions to
Methodology. 87 FR 18488.
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IX. Discussion of Proposed Rate Adjustments
In this NPRM, based on the proposed policy changes described in the
previous section, we are proposing new pilotage rates for 2024. We
propose to conduct the 2024 ratemaking as an interim ratemaking, as we
last did in 2022 (87 FR 18488). Thus, the Coast Guard proposes to
adjust the compensation benchmark following the interim ratemaking year
procedures under Sec. 404.100(b) rather than the procedures for a full
ratemaking year in Sec. 404.100(a).
This section discusses the proposed rate changes using the
ratemaking steps provided in 46 CFR part 404. We will detail all 10
steps of the ratemaking procedure for each of the 3 districts to show
how we arrive at the proposed new rates.
District One
A. Step 1: Recognize Previous Operating Expenses
Step 1 in the ratemaking methodology requires that the Coast Guard
review and recognize the operating expenses for the last full year for
which figures are available (Sec. 404.101). To do so, we begin by
reviewing the independent accountant's financial reports for each
association's 2021 expenses and revenues.\28\ For accounting purposes,
the financial reports divide expenses into designated and undesignated
areas. For costs accrued by the pilot associations generally, such as
employee benefits, the cost is divided between the designated and
undesignated areas on a pro rata basis. The recognized operating
expenses for District One are shown in table 3.
---------------------------------------------------------------------------
\28\ These reports are available in the docket for this proposed
rule.
---------------------------------------------------------------------------
Adjustments have been made by the auditors and are explained in the
auditor's reports, which are available in the docket for this
rulemaking, where indicated under the Public Participation and Request
for Comments portion of the preamble.
In the 2021 expenses used as the basis for this proposed rule,
districts used the term ``applicant'' to describe applicant trainees
and persons who will be called apprentices (applicant pilots), under
the definition of ``apprentice pilot'', which was introduced in the
2022 final rule. Therefore, when describing past expenses, the term
``applicant'' is used to match what was reported from 2021, which
includes both applicant and apprentice pilots. The term ``apprentice''
is used to distinguish apprentice pilot wages and describe the
[[Page 55635]]
impacts of the ratemaking going forward.
The Coast Guard continues to include apprentice salaries as an
allowable expense in the 2024 ratemaking, as this proposed rule is
based on 2021 operating expenses, when salaries were still an allowable
expense. Beginning with the 2025 ratemaking, apprentice pilot salaries
will no longer be included as a 2022 operating expense, because
apprentice pilot wages will have already been factored into the
ratemaking Steps 3 and 4 in calculation of the 2022 rates. Beginning in
2025, the applicant salaries' operating expenses for 2022 will consist
of only applicant trainees (those who are not yet apprentice pilots).
Table 3--2021 Recognized Expenses for District One
----------------------------------------------------------------------------------------------------------------
Designated Undesignated
District One Reported Operating Expenses for 2021 -------------------------------------- Total
St. Lawrence River Lake Ontario
----------------------------------------------------------------------------------------------------------------
Applicant Pilot Compensation:
Salaries.............................................. $247,735 $165,157 $412,892
Employee Benefits..................................... 10,367 6,911 17,278
-----------------------------------------------------
Total Applicant Pilot Compensation................ 258,102 172,068 430,170
Other Applicant Cost:
Applicant Subsistence................................. 1,723 1,148 2,871
Travel................................................ 1,832 1,221 3,053
License Insurance..................................... 752 502 1,254
Payroll taxes......................................... 1,945 1,296 3,241
Other--Pilotage Cost.................................. 833 555 1,388
-----------------------------------------------------
Total Other Applicant Cost........................ 7,085 4,722 11,807
Other Pilotage Cost:
Subsistence........................................... 133,993 89,329 223,322
Hotel/Lodging......................................... 32,424 21,616 54,040
Travel................................................ 453,718 302,478 756,196
License renewal....................................... 1,200 800 2,000
Payroll Taxes......................................... 198,901 132,601 331,502
License Insurance..................................... 53,174 35,450 88,624
-----------------------------------------------------
Total Other Pilotage Costs........................ 873,410 582,274 1,455,684
Pilot Boat and Dispatch Costs:
Pilot boat expense (Operating)........................ 200,672 133,782 334,454
Dispatch expense...................................... 167,291 111,527 278,818
Employee Benefits..................................... 50,560 33,707 84,267
Salaries.............................................. 249,396 166,264 415,660
Payroll taxes......................................... 10,269 6,846 17,115
-----------------------------------------------------
Total Pilot and Dispatch Costs.................... 678,188 452,126 1,130,314
Administrative Expenses:
Legal--general counsel................................ 1,078 719 1,797
Legal--shared counsel (K&L Gates)..................... 4,402 2,935 7,337
Legal--USCG Litigation................................ 14,641 9,760 24,401
Insurance............................................. 44,108 29,405 73,513
Employee benefits..................................... 4,470 2,980 7,450
Payroll Taxes......................................... 42,464 28,310 70,774
Other taxes........................................... 79,200 52,800 132,000
Real Estate taxes..................................... 22,918 15,278 38,196
Travel................................................ 1,568 1,045 2,613
Depreciation.......................................... 186,517 124,345 310,862
Interest.............................................. 54,271 36,180 90,451
APA Dues.............................................. 25,250 16,834 42,084
APA Dues (D1-21-01)................................... 2,971 1,980 4,951
Dues and subscriptions................................ 4,320 2,880 7,200
Utilities............................................. 41,343 27,562 68,905
Salaries.............................................. 73,890 49,260 123,150
Accounting/Professional fees.......................... 4,320 2,880 7,200
Pilot Training........................................ 4,680 3,120 7,800
Applicant Pilot Training.............................. 18,911 12,607 31,518
Other................................................. 28,422 18,948 47,370
-----------------------------------------------------
Total Administrative Expenses..................... 659,744 439,828 1,099,572
-----------------------------------------------------
Total Expenses (OPEX + Applicant + Pilot Boats + 2,476,529 1,651,018 4,127,547
Admin + Capital).................................
-----------------------------------------------------
Total Operating Expenses (OpEx + Adjustments)..... 2,476,529 1,651,018 4,127,547
----------------------------------------------------------------------------------------------------------------
[[Page 55636]]
B. Step 2: Project Operating Expenses, Adjusting for Inflation or
Deflation
In accordance with the text in Sec. 404.102, having identified the
recognized 2021 operating expenses in Step 1, the next step is to
estimate the current year's operating expenses by adjusting for
inflation over the 3-year period. We calculate inflation using the BLS
data from the CPI for the Midwest Region of the United States for the
2022 inflation rate.\29\ Because the BLS does not provide forecasted
inflation data, we use economic projections from the Federal Reserve
for the 2023 and 2024 inflation modification.\30\ Based on that
information, the calculations for Step 2 are as presented in table 4.
---------------------------------------------------------------------------
\29\ The CPI is defined as ``All Urban Consumers (CPI-U), All
Items, 1982-4=100.'' Series CUUR0200SAO (Downloaded March 21, 2023).
Available at https://www.bls.gov/cpi/data.htm., All Urban Consumers
(Current Series), multiscreen data, not seasonally adjusted, 0200
Midwest, Current, All Items, Monthly, 12-month Percent Change and
Annual Data.
\30\ The 2022 and 2023 inflation rates are available at https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf. We used the Core PCE December Projection
found in table 1. (Downloaded April 2023).
Table 4--Adjusted Operating Expenses for District One
----------------------------------------------------------------------------------------------------------------
District One
-----------------------------------------------
Designated Undesignated Total
----------------------------------------------------------------------------------------------------------------
Total Operating Expenses (Step 1)............................... $2,476,529 $1,651,018 $4,127,547
2022 Inflation Modification (@8%)............................... 198,122 132,081 330,203
2023 Inflation Modification (@3.5%)............................. 93,613 62,408 156,021
2024 Inflation Modification (@2.5%)............................. 69,207 46,138 115,345
-----------------------------------------------
Adjusted 2024 Operating Expenses............................ 2,837,471 1,891,645 4,729,116
----------------------------------------------------------------------------------------------------------------
C. Step 3: Estimate Number of Registered Pilots and Apprentice Pilots
In accordance with the text in Sec. 404.103, the Coast Guard
estimates the number of fully registered pilots in each district. We
determine the number of fully registered pilots based on data provided
by the SLSPA. Using these numbers, we estimate that there will be 18
registered pilots in 2024 in District One. We determine the number of
apprentice pilots based on input from the district on anticipated
retirements and staffing needs. Using these numbers, we estimate that
there will be three apprentice pilots in 2024 in District One. Based on
the seasonal staffing model discussed in the 2017 ratemaking (82 FR
41466), a certain number of pilots are assigned to designated waters,
and a certain number of pilots are assigned to undesignated waters, as
shown in table 5. These numbers are used to determine the amount of
revenue needed in their respective areas.
Table 5--Authorized Pilots for District One
------------------------------------------------------------------------
Item District One
------------------------------------------------------------------------
Proposed Maximum Number of Pilots (per Sec. 18
401.220(a)) *.......................................
2024 Authorized Pilots (total)....................... 18
Pilots Assigned to Designated Areas.................. 10
Pilots Assigned to Undesignated Areas................ 8
2024 Apprentice Pilots............................... 3
------------------------------------------------------------------------
* For a detailed calculation, refer to the Great Lakes Pilotage Rates--
2017 Annual Review final rule, which contains the staffing model. See
82 FR 41466, table 6 at 41480 (August 31, 2017).
D. Step 4: Determine Target Pilot Compensation Benchmark and Apprentice
Pilot Wage Benchmark
In this step, we determine the total pilot compensation for each
area. Because we are issuing an ``interim'' ratemaking this year, we
follow the procedure outlined in paragraph (b) of Sec. 404.104, which
adjusts the existing compensation benchmark by inflation. First, we
adjust the 2023 target compensation benchmark of $424,398 by 1.7
percent for a value of $431,613. This accounts for the difference in
actual first quarter 2023 ECI inflation, which is 4.4 percent, and the
2023 PCE estimate of 2.7 percent.31 32 The second step
accounts for projected inflation from 2023 to 2024, which is 2.5
percent.\33\ Based on the projected 2024 inflation estimate, the
proposed target compensation benchmark for 2024 is $442,403 per pilot.
The proposed apprentice pilot wage benchmark is 36 percent of the
target pilot compensation, or $159,265 ($442,403 x 0.36).
---------------------------------------------------------------------------
\31\ Employment Cost Index, Total Compensation for Private
Industry workers in Transportation and Material Moving, Annual
Average, Series ID: CIU2010000520000A. https://www.bls.gov/news.release/eci.t05.htm (Last visited 04/28/23).
\32\ Table 1 Summary of Economic Projections, PCE Inflation.
https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20220316.pdf (Last visited 05/17/23).
\33\ Table 1 Summary of Economic Projections, PCE Inflation
December Projection. https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf (Last visited 03/2023).
---------------------------------------------------------------------------
Next, the Coast Guard certifies that the number of pilots estimated
for 2024 is less than or equal to the number permitted under the
staffing model in Sec. 401.220(a). The staffing model suggests that
District One needs 18 pilots, which is less than or equal to the number
of registered pilots provided by the pilot association. In accordance
with Sec. 404.104(c), we use the revised target individual
compensation level to derive the total pilot compensation by
multiplying the individual target compensation by the estimated number
of registered pilots for District One, as shown in table 6. We estimate
that the number of apprentice pilots with limited registration needed
will be three for District One in the 2024 season. The total target
wages for apprentices are allocated with 60 percent for the designated
area and 40 percent for the undesignated area, in accordance with the
allocation for operating expenses.
[[Page 55637]]
Table 6--Target Compensation for District One
----------------------------------------------------------------------------------------------------------------
District One
-----------------------------------------------
Designated Undesignated Total
----------------------------------------------------------------------------------------------------------------
Target Pilot Compensation....................................... $442,403 $442,403 $442,403
Number of Pilots................................................ 10 8 18
Total Target Pilot Compensation................................. 4,424,030 3,539,224 7,963,254
Target Apprentice Pilot Compensation............................ 159,265 159,265 159,265
Number of Apprentice Pilots..................................... .............. .............. 3
Total Target Apprentice Pilot Compensation...................... 286,677 191,118 477,795
----------------------------------------------------------------------------------------------------------------
E. Step 5: Project Working Capital Fund
Next, the Coast Guard calculates the working capital fund revenues
needed for each area. We first add the figures for projected operating
expenses, total pilot compensation, and total target apprentice pilot
wage for each area, and then, we find the preceding year's average
annual rate of return for new issues of high-grade corporate
securities. Using Moody's data, the number is 4.0742 percent
rounded.\34\ By multiplying the two figures, we obtain the working
capital fund contribution for each area, as shown in table 7.
---------------------------------------------------------------------------
\34\ Moody's Seasoned Aaa Corporate Bond Yield, average of 2022
monthly data. The Coast Guard uses the most recent year of complete
data. Moody's is taken from Moody's Investors Service, which is a
bond credit rating business of Moody's Corporation. Bond ratings are
based on creditworthiness and risk. The rating of ``Aaa'' is the
highest bond rating assigned with the lowest credit risk. See
https://fred.stlouisfed.org/series/AAA (Last visited 03/21/23).
Table 7--Working Capital Fund Calculation for District One
----------------------------------------------------------------------------------------------------------------
District One
-----------------------------------------------
Designated Undesignated Total
----------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses (Step 2)............................ $2,837,471 $1,891,645 $4,729,116
Total Target Pilot Compensation (Step 4)........................ 4,424,030 3,539,224 7,963,254
Total Target Apprentice Pilot Compensation (Step 4)............. 286,677 191,118 477,795
Total 2024 Expenses............................................. 7,548,178 5,621,987 13,170,165
Working Capital Fund (4.0742%).................................. 307,525 229,049 536,574
----------------------------------------------------------------------------------------------------------------
F. Step 6: Project Needed Revenue
In this step, we add the expenses accrued to derive the total
revenue needed for each area. These expenses include the projected
operating expenses (from Step 2), the total pilot compensation (from
Step 4), total target apprentice pilot wage (from Step 4), and the
working capital fund contribution (from Step 5). We show these
calculations in table 8.
Table 8--Revenue Needed for District One
----------------------------------------------------------------------------------------------------------------
District One
-----------------------------------------------
Designated Undesignated Total
----------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses (Step 2)............................ $2,837,471 $1,891,645 $4,729,116
Total Target Pilot Compensation (Step 4)........................ 4,424,030 3,539,224 7,963,254
Total Target Apprentice Pilot Compensation (Step 4)............. 286,677 191,118 477,795
Working Capital Fund (Step 5)................................... 307,525 229,049 536,574
-----------------------------------------------
Total Revenue Needed........................................ 7,855,703 5,851,036 13,706,739
----------------------------------------------------------------------------------------------------------------
G. Step 7: Calculate Initial Base Rates
Having determined the revenue needed for each area in the previous
six steps, we divide that number by the expected number of traffic
hours to develop an hourly rate.
Step 7 is a two-part process. The first part is calculating the 10-
year traffic average in District One using the total time on task or
pilot bridge hours. To calculate the time on task for each district,
the Coast Guard uses billing data from SeaPro. The data is pulled from
the system filtering by district, year, job status (including only
processed jobs), and flagging code (including only U.S. jobs). Because
we calculate separate figures for designated and undesignated waters,
there are two parts for each calculation. We show these values in table
9.
[[Page 55638]]
Table 9--Time on Task for District One
[Hours]
------------------------------------------------------------------------
District One
Year -------------------------------
Designated Undesignated
------------------------------------------------------------------------
2022.................................... 6,785 8,574
2021.................................... 6,188 7,871
2020.................................... 6,265 7,560
2019.................................... 8,232 8,405
2018.................................... 6,943 8,445
2017.................................... 7,605 8,679
2016.................................... 5,434 6,217
2015.................................... 5,743 6,667
2014.................................... 6,810 6,853
2013.................................... 5,864 5,529
-------------------------------
Average............................. 6,587 7,480
------------------------------------------------------------------------
Next, we derive the initial hourly rate by dividing the revenue
needed by the average number of hours for each area. This produces an
initial rate, which is necessary to produce the revenue needed for each
area, assuming the amount of traffic is as expected. We present the
calculations for District One in table 10.
Table 10--Initial Rate Calculations for District One
------------------------------------------------------------------------
Designated Undesignated
------------------------------------------------------------------------
Revenue needed (Step 6)................. $7,855,703 $5,851,036
Average time on task (hours)............ 6,587 7,480
Initial rate............................ 1,193 782
------------------------------------------------------------------------
H. Step 8: Calculate Average Weighting Factors by Area
In this step, the Coast Guard calculates the average weighting
factor for each designated and undesignated area by first collecting
the weighting factors, set forth in 46 CFR 401.400, for each vessel
trip. Using this data, we calculate the average weighting factor for
each area using the data from each vessel transit from 2014 onward, as
shown in tables 11 and 12.
Table 11--Average Weighting Factor for District One, Designated Areas
----------------------------------------------------------------------------------------------------------------
Number of Weighting Weighted
Vessel class/year transits factor transits
----------------------------------------------------------------------------------------------------------------
Class 1 (2014).................................................. 31 1 31
Class 1 (2015).................................................. 41 1 41
Class 1 (2016).................................................. 31 1 31
Class 1 (2017).................................................. 28 1 28
Class 1 (2018).................................................. 54 1 54
Class 1 (2019).................................................. 72 1 72
Class 1 (2020).................................................. 8 1 8
Class 1 (2021).................................................. 10 1 10
Class 1 (2022).................................................. 39 1 39
Class 2 (2014).................................................. 285 1.15 328
Class 2 (2015).................................................. 295 1.15 339
Class 2 (2016).................................................. 185 1.15 213
Class 2 (2017).................................................. 352 1.15 405
Class 2 (2018).................................................. 559 1.15 643
Class 2 (2019).................................................. 378 1.15 435
Class 2 (2020).................................................. 560 1.15 644
Class 2 (2021).................................................. 315 1.15 362
Class 2 (2022).................................................. 466 1.15 536
Class 3 (2014).................................................. 50 1.3 65
Class 3 (2015).................................................. 28 1.3 36
Class 3 (2016).................................................. 50 1.3 65
Class 3 (2017).................................................. 67 1.3 87
Class 3 (2018).................................................. 86 1.3 112
Class 3 (2019).................................................. 122 1.3 159
Class 3 (2020).................................................. 67 1.3 87
Class 3 (2021).................................................. 52 1.3 68
Class 3 (2022).................................................. 104 1.3 135
Class 4 (2014).................................................. 271 1.45 393
Class 4 (2015).................................................. 251 1.45 364
[[Page 55639]]
Class 4 (2016).................................................. 214 1.45 310
Class 4 (2017).................................................. 285 1.45 413
Class 4 (2018).................................................. 393 1.45 570
Class 4 (2019).................................................. 730 1.45 1059
Class 4 (2020).................................................. 427 1.45 619
Class 4 (2021).................................................. 407 1.45 590
Class 4 (2022).................................................. 461 1.45 668
-----------------------------------------------
Total....................................................... 7,774 .............. 10,019
-----------------------------------------------
Average weighting factor (weighted transits / number of .............. 1.29 ..............
transits)..............................................
----------------------------------------------------------------------------------------------------------------
Table 12--Average Weighting Factor for District One, Undesignated Areas
----------------------------------------------------------------------------------------------------------------
Number of Weighting Weighted
Vessel class/year transits factor transits
----------------------------------------------------------------------------------------------------------------
Class 1 (2014).................................................. 25 1 25
Class 1 (2015).................................................. 28 1 28
Class 1 (2016).................................................. 18 1 18
Class 1 (2017).................................................. 19 1 19
Class 1 (2018).................................................. 22 1 22
Class 1 (2019).................................................. 30 1 30
Class 1 (2020).................................................. 3 1 3
Class 1 (2021).................................................. 19 1 19
Class 1 (2022).................................................. 32 1 32
Class 2 (2014).................................................. 238 1.15 274
Class 2 (2015).................................................. 263 1.15 302
Class 2 (2016).................................................. 169 1.15 194
Class 2 (2017).................................................. 290 1.15 334
Class 2 (2018).................................................. 352 1.15 405
Class 2 (2019).................................................. 366 1.15 421
Class 2 (2020).................................................. 358 1.15 412
Class 2 (2021).................................................. 463 1.15 532
Class 2 (2022).................................................. 358 1.15 412
Class 3 (2014).................................................. 60 1.3 78
Class 3 (2015).................................................. 42 1.3 55
Class 3 (2016).................................................. 28 1.3 36
Class 3 (2017).................................................. 45 1.3 59
Class 3 (2018).................................................. 63 1.3 82
Class 3 (2019).................................................. 58 1.3 75
Class 3 (2020).................................................. 35 1.3 46
Class 3 (2021).................................................. 71 1.3 92
Class 3 (2022).................................................. 69 1.3 90
Class 4 (2014).................................................. 289 1.45 419
Class 4 (2015).................................................. 269 1.45 390
Class 4 (2016).................................................. 222 1.45 322
Class 4 (2017).................................................. 285 1.45 413
Class 4 (2018).................................................. 382 1.45 554
Class 4 (2019).................................................. 326 1.45 473
Class 4 (2020).................................................. 334 1.45 484
Class 4 (2021).................................................. 466 1.45 676
Class 4 (2022).................................................. 393 1.45 570
-----------------------------------------------
Total....................................................... 6,490 .............. 8,395
-----------------------------------------------
Average weighting factor (weighted transits/number of .............. 1.29 ..............
transits)..............................................
----------------------------------------------------------------------------------------------------------------
I. Step 9: Calculate Revised Base Rates
In this step, we revise the base rates so that the total cost of
pilotage will be equal to the revenue needed, after considering the
impact of the weighting factors. To do this, the initial base rates
calculated in Step 7 are divided by the average weighting factors
calculated in Step 8, as shown in table 13.
[[Page 55640]]
Table 13--Revised Base Rates for District One
----------------------------------------------------------------------------------------------------------------
Revised rate
Initial rate Average weighting (initial rate /
Area (Step 7) factor (Step 8) average weighting
factor)
----------------------------------------------------------------------------------------------------------------
District One: Designated................................ $1,193 1.29 $925
District One: Undesignated.............................. 782 1.29 606
----------------------------------------------------------------------------------------------------------------
J. Step 10: Review and Finalize Rates
In this step, the Director reviews the rates set forth by the
staffing model and ensures that they meet the goal of ensuring safe,
efficient, and reliable pilotage. To establish this, the Director
considers whether the proposed rates incorporate appropriate
compensation for pilots to handle heavy traffic periods and whether
there are enough pilots to handle those heavy traffic periods. The
Director also considers whether the proposed rates would cover
operating expenses and infrastructure costs, including average traffic
and weighting factions. Based on the financial information submitted by
the pilots, the Director is not proposing any alterations to the rates
in this step. We propose to modify Sec. 401.405(a)(1) and (2) to
reflect the final rates shown in table 14.
Table 14--Proposed Final Rates for District One
----------------------------------------------------------------------------------------------------------------
Final 2023 Proposed 2024
Area Name pilotage rate pilotage rate
----------------------------------------------------------------------------------------------------------------
District One: Designated..................... St. Lawrence River............. $876 $925
District One: Undesignated................... Lake Ontario................... 586 606
----------------------------------------------------------------------------------------------------------------
District Two
A. Step 1: Recognize Previous Operating Expenses
Step 1 in our ratemaking methodology requires that the Coast Guard
review and recognize the previous year's operating expenses (Sec.
404.101). To do so, we begin by reviewing the independent accountant's
financial reports for each association's 2021 expenses and
revenues.\35\ For accounting purposes, the financial reports divide
expenses into designated and undesignated areas. For costs generally
accrued by the pilot associations, such as employee benefits, the cost
is divided between the designated and undesignated areas on a pro rata
basis.
---------------------------------------------------------------------------
\35\ These reports are available in the docket for this proposed
rule.
---------------------------------------------------------------------------
Adjustments have been made by the auditors and are explained in the
auditor's reports, which are available in the docket for this
rulemaking, where indicated under the Public Participation and Request
for Comments portion of the preamble.
In the 2021 expenses used as the basis for this proposed rule,
districts used the term ``applicant'' to describe applicant trainees
and persons who will be called apprentices (applicant pilots), under
the definition of ``apprentice pilot'', which was introduced in the
2022 final rule. Therefore, when describing past expenses, the term
``applicant'' is used to match what was reported from 2021, which
includes both applicant and apprentice pilots. The term ``apprentice''
is used to distinguish apprentice pilot wages and describe the impacts
of the ratemaking going forward.
The Coast Guard continues to include apprentice salaries as an
allowable expense in the 2024 ratemaking, as this proposed rule is
based on 2021 operating expenses, when salaries were still an allowable
expense. Beginning with the 2025 ratemaking, apprentice pilot salaries
will no longer be included as a 2022 operating expense, because
apprentice pilot wages will have already been factored into the
ratemaking Steps 3 and 4 in calculation of the 2022 rates. Beginning in
2025, the applicant salaries' operating expenses for 2022 will consist
of only applicant trainees (those who are not yet apprentice pilots).
The recognized operating expenses for District Two are shown in table
15.
Table 15--2021 Recognized Expenses for District Two
----------------------------------------------------------------------------------------------------------------
District Two
-------------------------------------------------
Undesignated Designated
Reported Operating Expenses for 2021 ----------------------------------
Southeast Shoal Total
Lake Erie to Port Huron
----------------------------------------------------------------------------------------------------------------
Applicant Pilot Compensation:
Salaries.................................................. $79,538 $119,306 $198,844
Employee Benefits......................................... 11,066 16,599 27,665
-------------------------------------------------
Total Applicant Pilot Compensation.................... 90,604 135,905 226,509
-------------------------------------------------
Other Applicant Cost:
Applicant Subsistence..................................... 5,280 7,920 13,200
Hotel/Lodging Cost........................................ 2,976 4,464 7,440
Hotel/Lodging Cost (D2-21-01)............................. (2,976) (4,464) (7,440)
[[Page 55641]]
Payroll taxes............................................. 6,901 10,352 17,253
-------------------------------------------------
Total Other Applicant Cost............................ 12,181 18,272 30,453
Other Pilotage Cost:
Subsistence............................................... 73,921 110,880 184,800
Hotel/Lodging............................................. 62,496 93,744 156,240
Hotel/Lodging (D2-21-01).................................. (55,307) (82,960) (138,267)
Travel.................................................... 42,625 63,937 106,562
License renewal........................................... 1,958 2,938 4,896
Payroll Taxes............................................. 87,620 131,430 219,050
License Insurance......................................... 9,007 13,510 22,517
-------------------------------------------------
Total Other Pilotage Costs............................ 222,320 333,479 555,798
Pilot Boat and Dispatch Costs:
Pilot boat expense (Operating)............................ 60,067 90,101 150,168
Employee Benefits......................................... 80,273 120,410 200,683
Insurance................................................. 4,317 6,475 10,792
Salaries.................................................. 148,260 222,391 370,651
Payroll taxes............................................. 13,277 19,915 33,192
-------------------------------------------------
Total Pilot and Dispatch Costs........................ 306,194 459,292 765,486
Administrative Expenses:
Legal--general counsel.................................... 2,186 3,278 5,464
Legal--shared counsel (K&L Gates)......................... 7,167 10,751 17,918
Office Rent............................................... 27,627 41,440 69,067
Insurance................................................. 15,084 22,627 37,711
Employee benefits......................................... 35,010 52,516 87,526
Payroll Taxes............................................. 5,161 7,741 12,902
Other taxes............................................... 55,252 82,879 138,131
Real Estate taxes......................................... 7,879 11,819 19,698
Travel.................................................... 8,688 13,033 21,721
Depreciation.............................................. 11,121 16,682 27,803
Interest.................................................. 2 2 4
APA Dues.................................................. 14,683 22,025 36,708
Dues and subscriptions.................................... 505 757 1,262
Utilities................................................. 24,356 36,535 60,891
Salaries.................................................. 48,532 72,797 121,329
Accounting/Professional fees.............................. 17,846 26,769 44,615
Pilot Training............................................ 23,909 35,864 59,773
Applicant Pilot Training.................................. 209 313 522
Other..................................................... 21,252 31,879 53,131
-------------------------------------------------
Total Administrative Expenses......................... 326,469 489,707 816,176
-------------------------------------------------
Total Expenses (OPEX + Applicant + Pilot Boats + 957,768 1,436,655 2,394,423
Admin + Capital).................................
-------------------------------------------------
Total Directors Adjustments........................... .............. ................ ..............
-------------------------------------------------
Total Operating Expenses (OpEx + Adjustments)..... 957,768 1,436,655 2,394,422
----------------------------------------------------------------------------------------------------------------
B. Step 2: Project Operating Expenses, Adjusting for Inflation or
Deflation
In accordance with the text in Sec. 404.102, having identified the
recognized 2021 operating expenses in Step 1, the next step is to
estimate the current year's operating expenses by adjusting for
inflation over the 3-year period. We calculate inflation using the BLS
data from the CPI for the Midwest Region of the United States for the
2022 inflation rate.\36\ Because the BLS does not provide forecasted
inflation data, we use economic projections from the Federal Reserve
for the 2023 and 2024 inflation modification.\37\ Based on that
information, the calculations for Step 2 are presented in table 16:
---------------------------------------------------------------------------
\36\ The CPI is defined as ``All Urban Consumers (CPI-U), All
Items, 1982-4=100.'' Series CUUR0200SAO (Downloaded March 21, 2023).
Available at https://www.bls.gov/cpi/data.htm., All Urban Consumers
(Current Series), multiscreen data, not seasonally adjusted, 0200
Midwest, Current, All Items, Monthly, 12-month Percent Change and
Annual Data.
\37\ The 2023 and 2024 inflation rates are available at https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf. We used the Core PCE December Projection
found in table 1. (Last visited 04/2023).
[[Page 55642]]
Table 16--Adjusted Operating Expenses for District Two
----------------------------------------------------------------------------------------------------------------
District Two
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Total Operating Expenses (Step 1)............................... $957,768 $1,436,655 $2,394,422
2022 Inflation Modification (@8%)............................... 76,621 114,932 191,553
2023 Inflation Modification (@3.5%)............................. 36,204 54,306 90,510
2024 Inflation Modification (@2.5%)............................. 26,765 40,147 66,912
Adjusted 2024 Operating Expenses................................ 1,097,358 1,646,040 2,743,397
----------------------------------------------------------------------------------------------------------------
C. Step 3: Estimate Number of Registered Pilots and Apprentice Pilots
In accordance with the text in Sec. 404.103, the Coast Guard
estimates the number of fully registered pilots in each district. We
determine the number of fully registered pilots based on data provided
by the LPA. Using these numbers, we estimate that there will be 16
registered pilots in 2024 in District Two. We determine the number of
apprentice pilots based on input from the district on anticipated
retirements and staffing needs. Using these numbers, we estimate that
there will be two apprentice pilots in 2024 in District Two. Based on
the seasonal staffing model discussed in the 2017 ratemaking (82 FR
41466), a certain number of pilots are assigned to designated waters,
and a certain number of pilots are assigned to undesignated waters, as
shown in table 17. These numbers are used to determine the amount of
revenue needed in their respective areas.
Table 17--Authorized Pilots for District Two
------------------------------------------------------------------------
Item District Two
------------------------------------------------------------------------
Proposed Maximum Number of Pilots (per Sec. 16
401.220(a)) *.......................................
2024 Authorized Pilots (total)....................... 16
Pilots Assigned to Designated Areas.................. 7
Pilots Assigned to Undesignated Areas................ 9
2024 Apprentice Pilots............................... 2
------------------------------------------------------------------------
* For a detailed calculation, refer to the Great Lakes Pilotage Rates--
2017 Annual Review final rule, which contains the staffing model. See
82 FR 41466, table 6 at 41480 (August 31, 2017).
D. Step 4: Determine Target Pilot Compensation Benchmark and Apprentice
Pilot Wage Benchmark
In this step, we determine the total pilot compensation for each
area. Because we are issuing an interim ratemaking this year, we follow
the procedure outlined in paragraph (b) of Sec. 404.104, which adjusts
the existing compensation benchmark by inflation. First, we adjust the
2023 target compensation benchmark of $424,398 by 1.7 percent for a
value of $431,613. This accounts for the difference in actual first
quarter 2023 ECI inflation, which is 4.4 percent, and the 2023 PCE
estimate of 2.7 percent.38 39 The second step accounts for
projected inflation from 2023 to 2024, which is 2.5 percent.\40\ Based
on the projected 2024 inflation estimate, the proposed target
compensation benchmark for 2024 is $442,403 per pilot. The proposed
apprentice pilot wage benchmark is 36 percent of the target pilot
compensation, or $159,265 ($442,403 x 0.36).
---------------------------------------------------------------------------
\38\ Employment Cost Index, Total Compensation for Private
Industry workers in Transportation and Material Moving, Annual
Average, Series ID: CIU2010000520000A. https://www.bls.gov/news.release/eci.t05.htm (Last visited 04/28/23).
\39\ Table 1 Summary of Economic Projections, PCE Inflation.
https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20220316.pdf (Last visited 5/17/23).
\40\ Table 1 Summary of Economic Projections, PCE Inflation
December Projection. https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf (Last visited 03/2023).
---------------------------------------------------------------------------
Next, the Coast Guard certifies that the number of pilots estimated
for 2024 is less than or equal to the number permitted under the
staffing model in Sec. 401.220(a). The staffing model suggests that
District Two needs 16 pilots, which is less than or equal to the number
of registered pilots provided by the pilot association. In accordance
with Sec. 404.104(c), the Coast Guard uses the revised target
individual compensation level to derive the total pilot compensation by
multiplying the individual target compensation by the estimated number
of registered pilots for District Two, as shown in table 18. The Coast
Guard estimates that the number of apprentice pilots with limited
registration needed will be two for District Two in the 2024 season.
The total target wages for apprentices are allocated at 60 percent for
the designated area and 40 percent for the undesignated area, in
accordance with the allocation for operating expenses.
Table 18--Target Compensation for District Two
----------------------------------------------------------------------------------------------------------------
District Two
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Target Pilot Compensation....................................... $442,403 $442,403 $442,403
Number of Pilots................................................ 9 7 16
Total Target Pilot Compensation................................. 3,981,627 3,096,821 7,078,448
Target Apprentice Pilot Compensation............................ 159,265 159,265 159,265
Number of Apprentice Pilots..................................... .............. .............. 2
[[Page 55643]]
Total Target Apprentice Pilot Compensation...................... 127,412 191,118 318,530
----------------------------------------------------------------------------------------------------------------
E. Step 5: Project Working Capital Fund
Next, the Coast Guard calculates the working capital fund revenues
needed for each area. We first add the figures for projected operating
expenses, total pilot compensation, and total target apprentice pilot
wage for each area, and then we find the preceding year's average
annual rate of return for new issues of high-grade corporate
securities. Using Moody's data, the number is 4.0742 percent,
rounded.\41\ By multiplying the two figures, we obtain the working
capital fund contribution for each area, as shown in table 19.
---------------------------------------------------------------------------
\41\ Moody's Seasoned Aaa Corporate Bond Yield, average of 2022
monthly data. The Coast Guard uses the most recent year of complete
data. Moody's is taken from Moody's Investors Service, which is a
bond credit rating business of Moody's Corporation. Bond ratings are
based on creditworthiness and risk. The rating of ``Aaa'' is the
highest bond rating assigned with the lowest credit risk. See
https://fred.stlouisfed.org/series/AAA. (Last visited 03/21/2023).
Table 19--Working Capital Fund Calculation for District Two
----------------------------------------------------------------------------------------------------------------
District Two
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses (Step 2)............................ $1,097,358 $1,646,040 $2,743,398
Total Target Pilot Compensation (Step 4)........................ 3,981,627 3,096,821 7,078,448
Total Target Apprentice Pilot Compensation (Step 4)............. 127,412 191,118 318,530
Total 2024 Expenses............................................. 5,206,397 4,933,979 10,140,376
Working Capital Fund (4.0742%).................................. 212,117 201,019 413,135
----------------------------------------------------------------------------------------------------------------
F. Step 6: Project Needed Revenue
In this step, the Coast Guard adds all the expenses accrued to
derive the total revenue needed for each area. These expenses include
the projected operating expenses (from Step 2), the total pilot
compensation (from Step 4), total target apprentice pilot wage (from
Step 4), and the working capital fund contribution (from Step 5). We
show these calculations in table 20.
Table 20--Revenue Needed for District Two
----------------------------------------------------------------------------------------------------------------
District Two
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses (Step 2)............................ $1,097,358 $1,646,040 $2,743,398
Total Target Pilot Compensation (Step 4)........................ 3,981,627 3,096,821 7,078,448
Total Target Apprentice Pilot Compensation (Step 4)............. 127,412 191,118 318,530
Working Capital Fund (Step 5)................................... 212,117 201,019 413,136
Total Revenue Needed............................................ 5,418,514 5,134,998 10,553,511
----------------------------------------------------------------------------------------------------------------
G. Step 7: Calculate Initial Base Rates
Having determined the revenue needed for each area in the previous
six steps, the Coast Guard divides that number by the expected number
of traffic hours to develop an hourly rate. Step 7 is a two-part
process. In the first part, we calculate the 10-year traffic average in
District Two, using the total time on task or pilot bridge hours. To
calculate the time on task for each district, the Coast Guard uses
billing data from SeaPro. We pull the data from the system filtering by
district, year, job status (we only include processed jobs), and
flagging code (we only include U.S. jobs). Because we calculate
separate figures for designated and undesignated waters, there are two
parts for each calculation. We show these values in table 21.
Table 21--Time on Task for District Two
[Hours]
------------------------------------------------------------------------
District Two
Year -------------------------------
Undesignated Designated
------------------------------------------------------------------------
2022.................................... 12,306 3,975
2021.................................... 8,826 3,226
2020.................................... 6,232 8,401
2019.................................... 6,512 7,715
2018.................................... 6,150 6,655
2017.................................... 5,139 6,074
[[Page 55644]]
2016.................................... 6,425 5,615
2015.................................... 6,535 5,967
2014.................................... 7,856 7,001
2013.................................... 4,603 4,750
-------------------------------
Average............................. 7,058 5,938
------------------------------------------------------------------------
Next, we derive the initial hourly rate by dividing the revenue
needed by the average number of hours for each area. This produces an
initial rate, which is necessary to produce the revenue needed for each
area, assuming the amount of traffic is as expected. We present the
calculations for District Two in table 22.
Table 22--Initial Rate Calculations for District Two
------------------------------------------------------------------------
Undesignated Designated
------------------------------------------------------------------------
Revenue needed (Step 6)................. $5,418,514 $5,134,998
Average time on task (hours)............ 7,058 5,938
Initial rate............................ 768 865
------------------------------------------------------------------------
H. Step 8: Calculate Average Weighting Factors by Area
In this step, we calculate the average weighting factor for each
designated and undesignated area. We collect the weighting factors, set
forth in 46 CFR 401.400, for each vessel trip. Using this data, we
calculate the average weighting factor for each area using the data
from each vessel transit from 2014 onward, as shown in tables 23 and
24.
Table 23--Average Weighting Factor for District Two, Undesignated Areas
----------------------------------------------------------------------------------------------------------------
Number of Weighting Weighted
Vessel class/year transits factor transits
----------------------------------------------------------------------------------------------------------------
Class 1 (2014).................................................. 31 1 31
Class 1 (2015).................................................. 35 1 35
Class 1 (2016).................................................. 32 1 32
Class 1 (2017).................................................. 21 1 21
Class 1 (2018).................................................. 37 1 37
Class 1 (2019).................................................. 54 1 54
Class 1 (2020).................................................. 1 1 1
Class 1 (2021).................................................. 7 1 7
Class 1 (2022).................................................. 79 1 79
Class 2 (2014).................................................. 356 1.15 409
Class 2 (2015).................................................. 354 1.15 407
Class 2 (2016).................................................. 380 1.15 437
Class 2 (2017).................................................. 222 1.15 255
Class 2 (2018).................................................. 123 1.15 141
Class 2 (2019).................................................. 127 1.15 146
Class 2 (2020).................................................. 165 1.15 190
Class 2 (2021).................................................. 206 1.15 237
Class 2 (2022).................................................. 275 1.15 316
Class 3 (2014).................................................. 20 1.3 26
Class 3 (2015).................................................. 0 1.3 0
Class 3 (2016).................................................. 9 1.3 12
Class 3 (2017).................................................. 12 1.3 16
Class 3 (2018).................................................. 3 1.3 4
Class 3 (2019).................................................. 1 1.3 1
Class 3 (2020).................................................. 1 1.3 1
Class 3 (2021).................................................. 5 1.3 7
Class 3 (2022).................................................. 3 1.3 4
Class 4 (2014).................................................. 636 1.45 922
Class 4 (2015).................................................. 560 1.45 812
Class 4 (2016).................................................. 468 1.45 679
Class 4 (2017).................................................. 319 1.45 463
Class 4 (2018).................................................. 196 1.45 284
Class 4 (2019).................................................. 210 1.45 305
Class 4 (2020).................................................. 201 1.45 291
Class 4 (2021).................................................. 227 1.45 329
[[Page 55645]]
Class 4 (2022).................................................. 349 1.45 506
-----------------------------------------------
Total....................................................... 5,725 .............. 7,497
-----------------------------------------------
Average weighting factor (weighted transits/number of .............. 1.31 ..............
transits)..............................................
----------------------------------------------------------------------------------------------------------------
Table 24--Average Weighting Factor for District Two, Designated Areas
----------------------------------------------------------------------------------------------------------------
Number of Weighting Weighted
Vessel class/year transits factor transits
----------------------------------------------------------------------------------------------------------------
Class 1 (2014).................................................. 20 1 20
Class 1 (2015).................................................. 15 1 15
Class 1 (2016).................................................. 28 1 28
Class 1 (2017).................................................. 15 1 15
Class 1 (2018).................................................. 42 1 42
Class 1 (2019).................................................. 48 1 48
Class 1 (2020).................................................. 7 1 7
Class 1 (2021).................................................. 12 1 12
Class 1 (2022).................................................. 34 1 34
Class 2 (2014).................................................. 237 1.15 273
Class 2 (2015).................................................. 217 1.15 250
Class 2 (2016).................................................. 224 1.15 258
Class 2 (2017).................................................. 127 1.15 146
Class 2 (2018).................................................. 153 1.15 176
Class 2 (2019).................................................. 281 1.15 323
Class 2 (2020).................................................. 342 1.15 393
Class 2 (2021).................................................. 240 1.15 276
Class 2 (2022).................................................. 184 1.15 212
Class 3 (2014).................................................. 8 1.3 10
Class 3 (2015).................................................. 8 1.3 10
Class 3 (2016).................................................. 4 1.3 5
Class 3 (2017).................................................. 4 1.3 5
Class 3 (2018).................................................. 14 1.3 18
Class 3 (2019).................................................. 1 1.3 1
Class 3 (2020).................................................. 5 1.3 7
Class 3 (2021).................................................. 2 1.3 3
Class 3 (2022).................................................. 3 1.3 4
Class 4 (2014).................................................. 359 1.45 521
Class 4 (2015).................................................. 340 1.45 493
Class 4 (2016).................................................. 281 1.45 407
Class 4 (2017).................................................. 185 1.45 268
Class 4 (2018).................................................. 379 1.45 550
Class 4 (2019).................................................. 403 1.45 584
Class 4 (2020).................................................. 405 1.45 587
Class 4 (2021).................................................. 268 1.45 389
Class 4 (2022).................................................. 273 1.45 396
-----------------------------------------------
Total....................................................... 5,168 .............. 6,785
-----------------------------------------------
Average weighting factor (weighted transits/number of .............. 1.31 ..............
transits)..............................................
----------------------------------------------------------------------------------------------------------------
I. Step 9: Calculate Revised Base Rates
In this step, the Coast Guard revises the base rates so that the
total cost of pilotage will be equal to the revenue needed after
considering the impact of the weighting factors. To do this, we divide
the initial base rates calculated in Step 7 by the average weighting
factors calculated in Step 8, as shown in table 25.
Table 25--Revised Base Rates for District Two
----------------------------------------------------------------------------------------------------------------
Revised rate
Average (initial rate
Area Initial rate weighting average
(Step 7) factor (Step weighting
8) factor)
----------------------------------------------------------------------------------------------------------------
District Two: Undesignated...................................... $768 1.31 $586
District Two: Designated........................................ 865 1.31 660
----------------------------------------------------------------------------------------------------------------
[[Page 55646]]
J. Step 10: Review and Finalize Rates
In this step, the Director reviews the rates set forth by the
staffing model and ensures that they meet the goal of ensuring safe,
efficient, and reliable pilotage. To establish this, the Director
considers whether the proposed rates incorporate appropriate
compensation for pilots to handle heavy traffic periods, and whether
there are enough pilots to handle those heavy traffic periods. The
Director also considers whether the proposed rates would cover
operating expenses and infrastructure costs, taking average traffic and
weighting factors into consideration. Based on the financial
information submitted by the pilots, the Director is not proposing any
alterations to the rates in this step. We propose to modify Sec.
401.405(a)(3) and (4) to reflect the final rates shown in table 26.
Table 26--Proposed Final Rates for District Two
----------------------------------------------------------------------------------------------------------------
Final 2023 Proposed 2024
Area Name pilotage rate pilotage rate
----------------------------------------------------------------------------------------------------------------
District Two: Designated.................... Navigable waters from $601 $660
Southeast Shoal to Port
Huron, MI.
District Two: Undesignated.................. Lake Erie..................... 704 586
----------------------------------------------------------------------------------------------------------------
District Three
A. Step 1: Recognize Previous Operating Expenses
Step 1 in our ratemaking methodology requires that the Coast Guard
review and recognize the previous year's operating expenses (Sec.
404.101). To do so, we review the independent accountant's financial
reports for each association's 2021 expenses and revenues.\42\ For
accounting purposes, the financial reports divide expenses into
designated and undesignated areas. For costs generally accrued by the
pilot associations, such as employee benefits, the cost is divided
between the designated and undesignated areas on a pro rata basis.
---------------------------------------------------------------------------
\42\ These reports are available in the docket for this proposed
rule.
---------------------------------------------------------------------------
Adjustments have been made by the auditors and are explained in the
auditor's reports, which are available in the docket for this
rulemaking, where indicated under the Public Participation and Request
for Comments portion of the preamble.
In the 2021 expenses used as the basis for this proposed rule,
districts used the term ``applicant'' to describe applicant trainees
and persons who will be called apprentices (applicant pilots), under
the definition of ``apprentice pilot'', which was introduced in the
2022 final rule. Therefore, when describing past expenses, the term
``applicant'' is used to match what was reported in 2021, which
includes both applicant and apprentice pilots. The term ``apprentice''
is used to distinguish apprentice pilot wages and to describe the
impacts of the ratemaking going forward.
The Coast Guard continues to include apprentice salaries as an
allowable expense in the 2024 ratemaking, as this proposed rule is
based on 2021 operating expenses, when salaries were still an allowable
expense. Beginning with the 2025 ratemaking, apprentice pilot salaries
will no longer be included as a 2022 operating expense, because
apprentice pilot wages will have already been factored into the
ratemaking Steps 3 and 4 in calculation of the 2022 rates. Beginning in
2025, the applicant salaries' operating expenses for 2022 will consist
of only applicant trainees (those who are not yet apprentice pilots).
The recognized operating expenses for District Three are shown in table
27.
Table 27--2021 Recognized Expenses for District Three
----------------------------------------------------------------------------------------------------------------
District Three
---------------------------------------------------------------
Undesignated Designated Undesignated
Reported operating expenses for 2021 ------------------------------------------------
Lakes Huron St. Marys Total
and Michigan River Lake Superior
----------------------------------------------------------------------------------------------------------------
Applicant Cost:
Applicant Salaries.......................... $336,149 $140,111 $176,330 $652,590
Applicant Benefits.......................... 58,306 24,303 30,585 113,194
---------------------------------------------------------------
Total Applicant Cost.................... 394,455 164,414 206,915 765,784
----------------------------------------------------------------------------------------------------------------
Other Pilotage Costs:
Pilot subsistence/travel.................... 149,993 62,519 78,680 291,192
Hotel/Lodging Cost.......................... 136,769 57,007 71,744 265,520
Hotel/Lodging Cost (D3-21-03)............... (18,162) (7,570) (9,527) (35,260)
Travel...................................... 55,936 23,315 29,342 108,592
License Insurance--Pilots................... 881 367 462 1,710
Payroll taxes............................... .............. .............. .............. ..............
Payroll Tax (D3-21-04)...................... 155,779 64,931 81,715 302,425
License Insurance........................... 15,328 6,389 8,040 29,757
---------------------------------------------------------------
Total Other Pilotage Costs.............. 496,524 206,958 260,456 963,938
----------------------------------------------------------------------------------------------------------------
Pilot Boat and Dispatch costs:
Pilot boat costs............................ 445,549 185,710 233,716 864,975
[[Page 55647]]
Pilot Boat Coast (D2-21-02)................. (10,901) (4,544) (5,718) (21,163)
Dispatch costs.............................. 38,156 15,904 20,015 74,074
Employee Benefits........................... 1,748 729 917 3,394
Insurance................................... 20,141 8,395 10,565 39,101
Insurance (D3-21-05, D3-21-09).............. 1,735 723 910 3,369
Salaries.................................... 140,294 58,476 73,592 272,363
Payroll taxes............................... 123 51 64 238
---------------------------------------------------------------
Total Pilot boat and dispatch costs..... 636,845 265,444 334,061 1,236,350
----------------------------------------------------------------------------------------------------------------
Administrative Cost
Legal--general counsel...................... 9,560 3,985 5,015 18,560
Legal--shared counsel (K&L Gates)........... 6,227 2,595 3,266 12,088
Legal--shared counsel (K&L Gates) (D3-21-07) (1,307) (545) (686) (2,538)
Travel...................................... 58,104 24,219 30,479 112,802
Travel (D3-21-03)........................... (14,093) (5,874) (7,393) (27,360)
Insurance................................... 29,480 12,288 15,464 57,232
Insurance (D3-21-05, D3-21-09).............. (5,112) (2,131) (2,681) (9,924)
Employee benefits........................... 126,390 52,681 66,299 245,369
Payroll Tax................................. 54,544 22,735 28,611 105,890
Other taxes................................. 25,489 10,624 13,370 49,483
Other taxes (D3-21-02)...................... (25,006) (10,423) (13,117) (48,545)
Real Estate Taxes........................... 1,396 582 732 2,710
Depreciation/Auto leasing/Other............. 112,215 46,772 58,863 217,850
Depreciation/Auto leasing/Other (D3-21-02).. (4,465) (1,861) (2,342) (8,668)
Interest.................................... 3,432 1,431 1,800 6,663
APA Dues.................................... 25,946 10,814 13,610 50,370
APA Dues (D3-21-08)......................... (1,297) (541) (680) (2,519)
Dues and subscriptions...................... 4,044 1,685 2,121 7,850
Salaries.................................... 63,591 26,506 33,357 123,454
Utilities................................... 41,681 17,373 21,864 80,919
Utilities (D3-21-03)........................ (34,248) (14,275) (17,965) (66,488)
Accounting/Professional fees................ 22,765 9,489 11,941 44,195
Pilot Training.............................. 44,259 18,448 23,216 85,923
Other expenses.............................. 24,741 10,312 12,978 48,032
---------------------------------------------------------------
Total Administrative Expenses........... 568,336 236,889 298,122 1,103,347
---------------------------------------------------------------
Total Operating Expenses (Other 2,096,160 873,705 1,099,554 4,069,419
Costs+ Applicant Cost + Pilot Boats
+ Admin)...........................
---------------------------------------------------------------
Directors Adjustments--Applicant Surcharge .............. .............. .............. ..............
Collected..................................
---------------------------------------------------------------
Total Directors Adjustments................. .............. .............. .............. ..............
---------------------------------------------------------------
Total Operating Expenses (OpEx + 2,096,160 873,705 1,099,554 4,069,419
Adjustments)...............................
----------------------------------------------------------------------------------------------------------------
B. Step 2: Project Operating Expenses, Adjusting for Inflation or
Deflation
In accordance with the text in Sec. 404.102, having identified the
2021 operating expenses in Step 1, the next step is to estimate the
current year's operating expenses by adjusting those expenses for
inflation over the 3-year period. We calculate inflation using the BLS
data from the CPI for the Midwest Region of the United States for the
2022 inflation rate.\43\ Because the BLS does not provide forecasted
inflation data, we use economic projections from the Federal Reserve
for the 2023 and 2024 inflation modification.\44\ Based on that
information, the calculations for Step 2 are as presented in table 28:
---------------------------------------------------------------------------
\43\ The CPI is defined as ``All Urban Consumers (CPI-U), All
Items, 1982-4=100.'' Series CUUR0200SAO (Downloaded March 21, 2023).
Available at https://www.bls.gov/cpi/data.htm., All Urban Consumers
(Current Series), multiscreen data, not seasonally adjusted, 0200
Midwest, Current, All Items, Monthly, 12-month Percent Change and
Annual Data.
\44\ The 2023 and 2024 inflation rates are available at https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf. We used the Core PCE December Projection
found in table 1. (Last visited 04/2023).
[[Page 55648]]
Table 28--Adjusted Operating Expenses for District Three
----------------------------------------------------------------------------------------------------------------
District Three
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Total Operating Expenses (Step 1)............................... $3,195,714 $873,705 $4,069,419
2022 Inflation Modification (@8%)............................... 255,657 69,896 325,553
2023 Inflation Modification (@3.5%)............................. 120,798 33,026 153,824
2024 Inflation Modification (@2.5%)............................. 89,304 24,416 113,720
-----------------------------------------------
Adjusted 2024 Operating Expenses............................ 3,661,473 1,001,043 4,662,516
----------------------------------------------------------------------------------------------------------------
C. Step 3: Estimate Number of Registered Pilots and Apprentice Pilots
In accordance with the text in Sec. 404.103, the Coast Guard
estimates the number of registered pilots in each district. We
determine the number of registered pilots based on data provided by the
WGLPA. Using these numbers, we estimate that there will be 22
registered pilots in 2024 in District Three. We determine the number of
apprentice pilots based on input from the district on anticipated
retirements and staffing needs. Using these numbers, the Coast Guard
estimates that there will be two apprentice pilots in 2024 in District
Three. Based on the seasonal staffing model discussed in the 2017
ratemaking (82 FR 41466), a certain number of pilots are assigned to
designated waters, and a certain number of pilots are assigned to
undesignated waters, as shown in table 29. These numbers are used to
determine the amount of revenue needed in their respective areas.
Table 29--Authorized Pilots for District Three
------------------------------------------------------------------------
Item District Three
------------------------------------------------------------------------
Proposed Maximum Number of Pilots (per Sec. 22
401.220(a)) *........................................
2024 Authorized Pilots (total)........................ 22
Pilots Assigned to Designated Areas................... 5
Pilots Assigned to Undesignated Areas................. 17
2024 Apprentice Pilots................................ 2
------------------------------------------------------------------------
* For a detailed calculation, refer to the Great Lakes Pilotage Rates--
2017 Annual Review final rule, which contains the staffing model. See
82 FR 41466, table 6 at 41480 (August 31, 2017).
D. Step 4: Determine Target Pilot Compensation Benchmark and Apprentice
Pilot Wage Benchmark
In this step, we determine the total pilot compensation for each
area. Because we are issuing an ``interim'' ratemaking this year, we
follow the procedure outlined in paragraph (b) of Sec. 404.104, which
adjusts the existing compensation benchmark by inflation. First, we
adjust the 2023 target compensation benchmark of $424,398 by 1.7
percent for a value of $431,613. This accounts for the difference in
actual first quarter 2023 ECI inflation, which is 4.4 percent, and the
2023 PCE estimate of 2.7 percent.45 46 The second step
accounts for projected inflation from 2023 to 2024, which is 2.5
percent.\47\ Based on the projected 2024 inflation estimate, the
proposed target compensation benchmark for 2024 is $442,403 per pilot.
The proposed apprentice pilot wage benchmark is 36 percent of the
target pilot compensation, or $159,265 ($442,403 x 0.36).
---------------------------------------------------------------------------
\45\ Employment Cost Index, Total Compensation for Private
Industry workers in Transportation and Material Moving, Annual
Average, Series ID: CIU2010000520000A. https://www.bls.gov/news.release/eci.t05.htm (Last visited 04/28/23).
\46\ Table 1 Summary of Economic Projections, PCE Inflation.
https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20220316.pdf (Last visited 05/17/23).
\47\ Table 1 Summary of Economic Projections, PCE Inflation
December Projection. https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20230322.pdf (Last visited 03/2023).
---------------------------------------------------------------------------
Next, we certify that the number of pilots estimated for 2024 is
less than or equal to the number permitted under the staffing model in
Sec. 401.220(a). The staffing model suggests that District Three needs
22 pilots, which is less than or equal to the number of registered
pilots provided by the pilot association. In accordance with Sec.
404.104(c), we use the revised target individual compensation level to
derive the total pilot compensation by multiplying the individual
target compensation by the estimated number of registered pilots for
District Three, as shown in table 30. We estimate that the number of
apprentice pilots with limited registration needed will be two for
District Three in the 2024 season. The total target wages for
apprentices are allocated with 21 percent for the designated area, and
79 percent (52 percent + 27 percent) for the undesignated areas, in
accordance with the allocation for operating expenses.
Table 30--Target Compensation for District Three
----------------------------------------------------------------------------------------------------------------
District Three
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Target Pilot Compensation....................................... $442,403 $442,403 $442,403
Number of Pilots................................................ 17 5 22
Total Target Pilot Compensation............................. $7,520,851 $2,212,015 $9,732,866
Target Apprentice Pilot Compensation............................ $159,265 $159,265 $159,265
Number of Apprentice Pilots..................................... .............. .............. 2
[[Page 55649]]
Total Target Apprentice Pilot Compensation.................. $251,639 $66,891 $318,530
----------------------------------------------------------------------------------------------------------------
E. Step 5: Project Working Capital Fund
Next, the Coast Guard calculates the working capital fund revenues
needed for each area. We first add the figures for projected operating
expenses, total pilot compensation, and total target apprentice pilot
wage for each area, and then, we find the preceding year's average
annual rate of return for new issues of high-grade corporate
securities. Using Moody's data, the number is 4.0742 percent,
rounded.\48\ By multiplying the two figures, we obtain the working
capital fund contribution for each area, as shown in table 31.
---------------------------------------------------------------------------
\48\ Moody's Seasoned Aaa Corporate Bond Yield, average of 2022
monthly data. The Coast Guard uses the most recent year of complete
data. Moody's is taken from Moody's Investors Service, which is a
bond credit rating business of Moody's Corporation. Bond ratings are
based on creditworthiness and risk. The rating of ``Aaa'' is the
highest bond rating assigned with the lowest credit risk. See
https://fred.stlouisfed.org/series/AAA. (Last visited 03/21/2023).
Table 31--Working Capital Fund Calculation for District Three
----------------------------------------------------------------------------------------------------------------
District Three
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses (Step 2)............................ $3,661,473 $1,001,043 $4,662,516
Total Target Pilot Compensation (Step 4).................... $7,520,851 $2,212,015 $9,732,866
Total Target Apprentice Pilot Compensation (Step 4)......... $251,639 $66,891 $318,530
Total 2024 Expenses......................................... $11,433,963 $3,279,949 $14,713,912
Working Capital Fund (4.0742%).................................. $465,839 $133,631 $599,470
----------------------------------------------------------------------------------------------------------------
F. Step 6: Project Needed Revenue
In this step, we add all the expenses accrued to derive the total
revenue needed for each area. These expenses include the projected
operating expenses (from Step 2), the total pilot compensation (from
Step 4), and the working capital fund contribution (from Step 5). The
calculations are shown in table 32.
Table 32--Revenue Needed for District Three
----------------------------------------------------------------------------------------------------------------
District Three
-----------------------------------------------
Undesignated Designated Total
----------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses (Step 2)............................ $3,661,473 $1,001,043 $4,662,516
Total Target Pilot Compensation (Step 4).................... $7,520,851 $2,212,015 $9,732,866
Total Target Apprentice Pilot Compensation (Step 4)......... $251,639 $66,891 $318,530
Working Capital Fund (Step 5)................................... $465,839 $133,631 $599,470
Total Revenue Needed........................................ $11,899,802 $3,413,580 $15,313,382
----------------------------------------------------------------------------------------------------------------
G. Step 7: Calculate Initial Base Rates
Having determined the revenue needed for each area in the previous
six steps, we divide that number by the expected number of traffic
hours to develop an hourly rate. Step 7 is a two-part process. In the
first part, the 10-year traffic average in District Three is calculated
using the total time on task or pilot bridge hours. To calculate the
time on task for each district, the Coast Guard uses billing data from
SeaPro, pulling the data from the system filtering by district, year,
job status (including only processed jobs), and flagging code
(including only U.S. jobs). Because we calculate separate figures for
designated and undesignated waters, there are two parts for each
calculation. We show these values in table 33.
Table 33--Time on Task for District Three (Hours)
------------------------------------------------------------------------
District Three
Year -------------------------------
Undesignated Designated
------------------------------------------------------------------------
2022.................................... 23,985 4,424
2021.................................... 18,286 2,516
2020.................................... 24,178 3,682
2019.................................... 24,851 3,395
2018.................................... 19,967 3,455
2017.................................... 20,955 2,997
2016.................................... 23,421 2,769
[[Page 55650]]
2015.................................... 22,824 2,696
2014.................................... 25,833 3,835
2013.................................... 17,115 2,631
-------------------------------
Average............................. 22,142 3,240
------------------------------------------------------------------------
Next, we derive the initial hourly rate by dividing the revenue
needed by the average number of hours for each area. This produces an
initial rate, which is necessary to produce the revenue needed for each
area, assuming the amount of traffic is as expected. The calculations
for District Three are set forth in table 34.
Table 34--Initial Rate Calculations for District Three
------------------------------------------------------------------------
Undesignated Designated
------------------------------------------------------------------------
Revenue needed (Step 6)................. $11,899,802 $3,413,580
Average time on task (hours)............ 22,142 3,240
Initial rate............................ $537 $1,054
------------------------------------------------------------------------
H. Step 8: Calculate Average Weighting Factors by Area
In this step, we calculate the average weighting factor for each
designated and undesignated area. We collect the weighting factors, set
forth in 46 CFR 401.400, for each vessel trip. Using this data, we
calculate the average weighting factor for each area using the data
from each vessel transit from 2014 onward, as shown in tables 35 and
36.
Table 35--Average Weighting Factor for District Three, Undesignated Areas
----------------------------------------------------------------------------------------------------------------
Number of Weighting Weighted
Vessel class/year transits factor transits
----------------------------------------------------------------------------------------------------------------
Area 6
Class 1 (2014).................................................. 45 1 45
Class 1 (2015).................................................. 56 1 56
Class 1 (2016).................................................. 136 1 136
Class 1 (2017).................................................. 148 1 148
Class 1 (2018).................................................. 103 1 103
Class 1 (2019).................................................. 173 1 173
Class 1 (2020).................................................. 4 1 4
Class 1 (2021).................................................. 8 1 8
Class 1 (2022).................................................. 94 1 94
Class 2 (2014).................................................. 274 1.15 315
Class 2 (2015).................................................. 207 1.15 238
Class 2 (2016).................................................. 236 1.15 271
Class 2 (2017).................................................. 264 1.15 304
Class 2 (2018).................................................. 169 1.15 194
Class 2 (2019).................................................. 279 1.15 321
Class 2 (2020).................................................. 332 1.15 382
Class 2 (2021).................................................. 273 1.15 314
Class 2 (2022).................................................. 278 1.15 320
Class 3 (2014).................................................. 15 1.3 20
Class 3 (2015).................................................. 8 1.3 10
Class 3 (2016).................................................. 10 1.3 13
Class 3 (2017).................................................. 19 1.3 25
Class 3 (2018).................................................. 9 1.3 12
Class 3 (2019).................................................. 9 1.3 12
Class 3 (2020).................................................. 4 1.3 5
Class 3 (2021).................................................. 5 1.3 7
Class 3 (2022).................................................. 3 1.3 4
Class 4 (2014).................................................. 394 1.45 571
Class 4 (2015).................................................. 375 1.45 544
Class 4 (2016).................................................. 332 1.45 481
Class 4 (2017).................................................. 367 1.45 532
Class 4 (2018).................................................. 337 1.45 489
Class 4 (2019).................................................. 334 1.45 484
Class 4 (2020).................................................. 339 1.45 492
Class 4 (2021).................................................. 365 1.45 529
Class 4 (2022).................................................. 385 1.45 558
-----------------------------------------------
[[Page 55651]]
Total for Area 6............................................ 6,380 .............. 8,200
Area 8
Class 1 (2014).................................................. 3 1 3
Class 1 (2015).................................................. 0 1 0
Class 1 (2016).................................................. 4 1 4
Class 1 (2017).................................................. 4 1 4
Class 1 (2018).................................................. 0 1 0
Class 1 (2019).................................................. 0 1 0
Class 1 (2020).................................................. 1 1 1
Class 1 (2021).................................................. 5 1 5
Class 1 (2022).................................................. 13 1 13
Class 2 (2014).................................................. 177 1.15 204
Class 2 (2015).................................................. 169 1.15 194
Class 2 (2016).................................................. 174 1.15 200
Class 2 (2017).................................................. 151 1.15 174
Class 2 (2018).................................................. 102 1.15 117
Class 2 (2019).................................................. 120 1.15 138
Class 2 (2020).................................................. 180 1.15 207
Class 2 (2021).................................................. 124 1.15 143
Class 2 (2022).................................................. 103 1.15 118
Class 3 (2014).................................................. 3 1.3 4
Class 3 (2015).................................................. 0 1.3 0
Class 3 (2016).................................................. 7 1.3 9
Class 3 (2017).................................................. 18 1.3 23
Class 3 (2018).................................................. 7 1.3 9
Class 3 (2019).................................................. 6 1.3 8
Class 3 (2020).................................................. 1 1.3 1
Class 3 (2021).................................................. 1 1.3 1
Class 3 (2022).................................................. 6 1.3 8
Class 4 (2014).................................................. 243 1.45 352
Class 4 (2015).................................................. 253 1.45 367
Class 4 (2016).................................................. 204 1.45 296
Class 4 (2017).................................................. 269 1.45 390
Class 4 (2018).................................................. 188 1.45 273
Class 4 (2019).................................................. 254 1.45 368
Class 4 (2020).................................................. 265 1.45 384
Class 4 (2021).................................................. 319 1.45 463
Class 4 (2022).................................................. 271 1.45 393
-----------------------------------------------
Total for Area 8............................................ 3,645 .............. 4,874
Combined total.............................................. 10,025 .............. 13,074
Average weighting factor (weighted transits/number of .............. 1.30 ..............
transits)..............................................
----------------------------------------------------------------------------------------------------------------
Table 36--Average Weighting Factor for District Three, Designated Areas
----------------------------------------------------------------------------------------------------------------
Number of Weighting Weighted
Vessel class/year transits factor transits
----------------------------------------------------------------------------------------------------------------
Class 1 (2014).................................................. 27 1 27
Class 1 (2015).................................................. 23 1 23
Class 1 (2016).................................................. 55 1 55
Class 1 (2017).................................................. 62 1 62
Class 1 (2018).................................................. 47 1 47
Class 1 (2019).................................................. 45 1 45
Class 1 (2020).................................................. 15 1 15
Class 1 (2021).................................................. 15 1 15
Class 1 (2022).................................................. 102 1 102
Class 2 (2014).................................................. 221 1.15 254
Class 2 (2015).................................................. 145 1.15 167
Class 2 (2016).................................................. 174 1.15 200
Class 2 (2017).................................................. 170 1.15 196
Class 2 (2018).................................................. 126 1.15 145
Class 2 (2019).................................................. 162 1.15 186
Class 2 (2020).................................................. 218 1.15 251
Class 2 (2021).................................................. 131 1.15 151
Class 2 (2022).................................................. 176 1.15 202
Class 3 (2014).................................................. 15 1.3 20
Class 3 (2015).................................................. 0 1.3 0
Class 3 (2016).................................................. 6 1.3 8
Class 3 (2017).................................................. 14 1.3 18
[[Page 55652]]
Class 3 (2018).................................................. 6 1.3 8
Class 3 (2019).................................................. 3 1.3 4
Class 3 (2020).................................................. 1 1.3 1
Class 3 (2021).................................................. 2 1.3 3
Class 3 (2022).................................................. 5 1.3 7
Class 4 (2014).................................................. 321 1.45 465
Class 4 (2015).................................................. 245 1.45 355
Class 4 (2016).................................................. 191 1.45 277
Class 4 (2017).................................................. 234 1.45 339
Class 4 (2018).................................................. 225 1.45 326
Class 4 (2019).................................................. 308 1.45 447
Class 4 (2020).................................................. 336 1.45 487
Class 4 (2021).................................................. 258 1.45 374
Class 4 (2022).................................................. 344 1.45 499
Total....................................................... 4,428 .............. 5,780
Average weighting factor (weighted transits/number of .............. 1.31 ..............
transits)..............................................
----------------------------------------------------------------------------------------------------------------
I. Step 9: Calculate Revised Base Rates
In this step, we revise the base rates so that the total cost of
pilotage will be equal to the revenue needed, after considering the
impact of the weighting factors. To do this, we divide the initial base
rates calculated in Step 7 by the average weighting factors calculated
in Step 8, as shown in table 37.
Table 37--Revised Base Rates for District Three
----------------------------------------------------------------------------------------------------------------
Revised rate
Average (initial rate
Area Initial rate weighting average
(Step 7) factor (Step weighting
8) factor)
----------------------------------------------------------------------------------------------------------------
District Three: Undesignated.................................... $537 1.30 $413
District Three: Designated...................................... $1,054 1.31 $805
----------------------------------------------------------------------------------------------------------------
J. Step 10: Review and Finalize Rates
In this step, the Director reviews the rates set forth by the
staffing model and ensures that they meet the goal of ensuring safe,
efficient, and reliable pilotage. To establish this, the Director
considers whether the proposed rates incorporate appropriate
compensation for pilots to handle heavy traffic periods, and whether
there are enough pilots to handle those heavy traffic periods. The
Director also considers whether the proposed rates would cover
operating expenses and infrastructure costs, taking average traffic and
weighting factors into consideration. Based on this information, the
Director is not proposing any alterations to the rates in this step. We
propose to modify Sec. 401.405(a)(5) and (6) to reflect the proposed
rates shown in table 38.
Table 38--Proposed Final Rates for District Three
----------------------------------------------------------------------------------------------------------------
Final 2023 Proposed 2024
Area Name pilotage rate pilotage rate
----------------------------------------------------------------------------------------------------------------
District Three: Designated.................. St. Marys River............... $834 $805
District Three: Undesignated................ Lakes Huron, Michigan, and 410 413
Superior.
----------------------------------------------------------------------------------------------------------------
X. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes or Executive orders follows.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094. Accordingly, OMB has
not reviewed this regulatory action.
The purpose of this proposed rule is to establish new pilotage
rates, as 46 U.S.C. 9303(f) requires that rates be established or
reviewed and adjusted each year. The statute also requires that base
rates be established by a full ratemaking at least once every 5 years,
and, in years when base rates are not established, they must be
reviewed and, if necessary, adjusted. The Coast Guard
[[Page 55653]]
concluded the last full ratemaking in February of 2023.\49\ For this
NPRM, the Coast Guard estimates an increase in cost of approximately
$1.91 million to industry. This is approximately a 5-percent increase
because of the change in revenue needed in 2024 compared to the revenue
needed in 2023. See table 39.
---------------------------------------------------------------------------
\49\ Great Lakes Pilotage Rates--2023 Annual Ratemaking and
Review of Methodology (88 FR 12226), published February 27, 2023.
Table 39--Economic Impacts Due to Proposed Changes
----------------------------------------------------------------------------------------------------------------
Change Description Affected population Costs Benefits
----------------------------------------------------------------------------------------------------------------
Rate changes............. In accordance with Owners and operators Increase of New rates cover an
46 U.S.C. Chapter of 277 vessels $1,914,438 due to association's
93, the Coast Guard transiting the change in revenue necessary and
is required to Great Lakes system needed for 2024 reasonable
review and adjust annually, 56 United ($39,573,633) from operating
pilotage rates States Great Lakes revenue needed for expenses.
annually. pilots, 7 2023 ($37,659,195) Promotes safe,
apprentice pilots, as shown in table efficient, and
and 3 pilotage 40. reliable pilotage
associations. service on the
Great Lakes.
Provides fair
compensation,
adequate training,
and sufficient
rest periods for
pilots.
Ensures the
association
receives
sufficient
revenues to fund
future
improvements.
----------------------------------------------------------------------------------------------------------------
The Coast Guard is required to review and adjust pilotage rates on
the Great Lakes annually. See section IV., Basis and Purpose, of this
preamble for detailed discussions of the legal basis and purpose for
this rulemaking. Based on our annual review for this rulemaking, we are
adjusting the pilotage rates for the 2024 shipping season to generate
sufficient revenues for each district to reimburse its necessary and
reasonable operating expenses, fairly compensate properly trained and
rested pilots, and provide an appropriate working capital fund to use
for improvements. The result would be an increase in rates for both
areas in District One, the designated area for District Two, and the
undesignated area in District Three. The result would be a decrease in
rates for the undesignated area for District Two and the designated
area for District Three. These changes would also lead to a net
increase in the cost of service to shippers. The change in per-unit
cost to each individual shipper would depend on their area of
operation.
A detailed discussion of our economic impact analysis follows.
Affected Population
This proposed rule affects United States Great Lakes pilots and
apprentice pilots, the 3 pilot associations, and the owners and
operators of 277 oceangoing vessels that transit the Great Lakes
annually on average from 2020 to 2022. The Coast Guard estimates that
there will be 56 registered pilots and 7 apprentice pilots during the
2024 shipping season. The shippers affected by these rate changes are
those owners and operators of domestic vessels operating ``on
register'' (engaged in foreign trade) and the owners and operators of
non-Canadian foreign vessels on routes within the Great Lakes system.
These owners and operators must have pilots or pilotage service as
required by 46 U.S.C. 9302. There is no minimum tonnage limit or
exemption for these vessels. The statute applies only to commercial
vessels, not to recreational vessels. United States-flagged vessels not
operating on register, and Canadian ``lakers,'' which account for most
commercial shipping on the Great Lakes, are not required by 46 U.S.C.
9302 to have pilots. However, these United States- and Canadian-flagged
lakers may voluntarily choose to engage a Great Lakes registered pilot.
Vessels that are U.S.-flagged may opt to have a pilot for varying
reasons, such as unfamiliarity with designated waters and ports, or for
insurance purposes.
The Coast Guard used billing information from the years 2020
through 2022 from the GLPMS to estimate the average annual number of
vessels affected by the rate adjustment. The GLPMS tracks data related
to managing and coordinating the dispatch of pilots on the Great Lakes,
and billing in accordance with the services. As described in Step 7 of
the ratemaking methodology, we use a 10-year average to estimate the
traffic. We used 3 years of the most recent billing data to estimate
the affected population. When we reviewed 10 years of the most recent
billing data, we found the data included vessels that have not used
pilotage services in recent years. We believe that using 3 years of
billing data is a better representation of the vessel population
currently using pilotage services and impacted by this proposed rule.
We found that 444 unique vessels used pilotage services during the
years 2020 through 2022. That is, these vessels had a pilot dispatched
to the vessel, and billing information was recorded in SeaPro. Of these
vessels, 412 were foreign-flagged vessels and 32 were U.S.-flagged
vessels. As stated previously, U.S.-flagged vessels not operating on
register are not required to have a registered pilot per 46 U.S.C.
9302, but they can voluntarily choose to have one.
Numerous factors affect vessel traffic, which varies from year to
year. Therefore, rather than using the total number of vessels over the
time period, the Coast Guard took an average of the unique vessels
using pilotage services from the years 2020 through 2022 as the best
representation of vessels estimated to be affected by the rates in this
proposed rule. From 2020 through 2022, an average of 277 vessels used
pilotage services annually.\50\ On average, 266 of these vessels were
foreign-flagged and 11 were U.S.-flagged vessels that voluntarily opted
into the pilotage service (these figures are rounded averages).
---------------------------------------------------------------------------
\50\ Some vessels entered the Great Lakes multiple times in a
single year, affecting the average number of unique vessels using
pilotage services in any given year.
---------------------------------------------------------------------------
Total Cost to Shippers
The rate changes resulting from this adjustment to the rates would
result in a net increase in the cost of service to shippers. However,
the change in per-
[[Page 55654]]
unit cost to each individual shipper would be dependent on their area
of operation.
The Coast Guard estimates the effect of the rate changes on
shippers by comparing the total projected revenues needed to cover
costs in 2023 with the total projected revenues to cover costs in 2024.
We set pilotage rates so pilot associations receive enough revenue to
cover their necessary and reasonable expenses. Shippers pay these rates
when they engage a pilot as required by 46 U.S.C. 9302. Therefore, the
aggregate payments of shippers to pilot associations are equal to the
projected necessary revenues for pilot associations. The revenues each
year represent the total costs that shippers must pay for pilotage
services. The change in revenue from the previous year is the
additional cost to shippers discussed in this proposed rule.
The impacts of the rate changes on shippers are estimated from the
district pilotage projected revenues (shown in tables 8, 20, and 32 of
this preamble). The Coast Guard estimates that, for the 2024 shipping
season, the projected revenue needed for all three districts is
$39,573,633.
To estimate the change in cost to shippers from this proposed rule,
the Coast Guard compared the 2024 total projected revenues to the 2023
projected revenues. Because we review and prescribe rates for Great
Lakes pilotage annually, the effects are estimated as a single-year
cost rather than annualized over a 10-year period. In the 2023 final
rule, we estimated the total projected revenue needed for 2023 as
37,659,195.\51\ This is the best approximation of 2023 revenues, as, at
the time of publication of this proposed rule, the Coast Guard does not
have enough audited data available for the 2023 shipping season to
revise these projections. Table 40 shows the revenue projections for
2023 and 2024 and details the additional cost increases to shippers by
area and district as a result of the rate changes on traffic in
Districts One, Two, and Three.
---------------------------------------------------------------------------
\51\ 88 FR 12226, 12252. See table 42. https://www.govinfo.gov/content/pkg/FR-2023-02-27/pdf/2023-03212.pdf (Last visited 5/17/23).
Table 40--Effect of the Proposed Rule by Area and District
[U.S. dollars; non-discounted]
----------------------------------------------------------------------------------------------------------------
Revenue needed Revenue needed Additional costs
Area in 2023 in 2024 of this rule
----------------------------------------------------------------------------------------------------------------
Total, District One....................................... $12,609,601 $13,706,739 $1,097,138
Total, District Two....................................... 10,392,542 10,553,511 160,969
Total, District Three..................................... 14,657,052 15,313,382 656,330
-----------------------------------------------------
System Total.......................................... 37,659,195 39,573,633 1,914,438
----------------------------------------------------------------------------------------------------------------
* All figures are rounded to the nearest dollar and may not sum.
The resulting difference between the projected revenue in 2023 and
the projected revenue in 2024 is the annual change in payments from
shippers to pilots as a result of the rate changes proposed by this
NPRM. The effect of the rate changes to shippers would vary by area and
district. After considering the change in pilotage rates, the proposed
rate changes would lead to affected shippers operating in District One
experiencing an increase in payments of $1,097,138 over the previous
year. Affected shippers operating in District Two and District Three
would experience an increase in payments of $160,969 and $656,330,
respectively, when compared with 2023. The overall adjustment in
payments would increase payments by shippers of $1,914,438 across all
three districts (a 5-percent increase when compared with 2023). Again,
because the Coast Guard reviews and sets rates for Great Lakes pilotage
annually, we estimate the impacts as single-year costs rather than
annualizing them over a 10-year period.
Table 41 shows the difference in revenue by revenue-component from
2023 to 2024 and presents each revenue-component as a percentage of the
total revenue needed. In both 2023 and 2024, the largest revenue-
component was pilotage compensation (63 percent of total revenue needed
in 2023, and 63 percent of total revenue needed in 2024), followed by
operating expenses (32 percent of total revenue needed in 2023, and 31
percent of total revenue needed in 2024). The large increase in the
working capital fund, 56 percent from 2023 to 2024, is driven by a
large increase in the Target Rate of Return on Investment from 2.7033
percent in 2021 to 4.0742 percent in 2022.\52\
---------------------------------------------------------------------------
\52\ Moody's Seasoned Aaa Corporate Bond Yield, average of 2022
monthly data. The Coast Guard uses the most recent year of complete
data. Moody's is taken from Moody's Investors Service, which is a
bond credit rating business of Moody's Corporation. Bond ratings are
based on creditworthiness and risk. The rating of ``Aaa'' is the
highest bond rating assigned with the lowest credit risk. See
https://fred.stlouisfed.org/series/AAA. (Last visited 03/21/2023).
Table 41--Difference in Revenue by Revenue-Component
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percentage Percentage
Revenue of total Revenue of total Difference Percentage
Revenue component needed in revenue needed in revenue (2024 revenue-- change from
2023 needed in 2024 needed in 2023 revenue) previous year
2023 2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adjusted Operating Expenses.................................... $11,984,950 32 $12,135,029 31 $150,079 1
Total Target Pilot Compensation................................ 23,766,288 63 24,774,568 63 1,008,280 4
Total Target Apprentice Pilot Compensation..................... 916,700 2 1,114,856 3 198,156 22
Working Capital Fund........................................... 991,257 3 1,549,180 4 557,923 56
----------------------------------------------------------------------------------------
Total Revenue Needed....................................... 37,659,195 100 39,573,633 100 1,914,438 5
--------------------------------------------------------------------------------------------------------------------------------------------------------
* All figures are rounded to the nearest dollar and may not sum.
[[Page 55655]]
As stated above, we estimate that there would be a total increase
in revenue needed by the pilot associations of $1,914,438. This
represents an increase in revenue needed for target pilot compensation
of $1,008,280, an increase in revenue needed for the total apprentice
pilot wage benchmark of $198,156, an increase in the revenue needed for
adjusted operating expenses of $150,079, and an increase in the revenue
needed for the working capital fund of $557,923.
The change in revenue needed for pilot compensation, $1,008,280, is
due to two factors: (1) The changes to adjust 2023 pilotage
compensation to account for the difference between actual ECI inflation
\53\ (4.4 percent) and predicted PCE inflation \54\ (2.7 percent) for
2023; and (2) projected inflation of pilotage compensation in Step 2 of
the methodology, using predicted inflation through 2024.
---------------------------------------------------------------------------
\53\ Employment Cost Index, Total Compensation for Private
Industry workers in Transportation and Material Moving, Annual
Average, Series ID: CIU2010000520000A. https://www.bls.gov/news.release/eci.t05.htm (Last visited 04/28/23).
\54\ Table 1 Summary of Economic Projections, PCE Inflation
December Projection. https://www.federalreserve.gov/monetarypolicy/files/fomcprojtabl20220316.pdf (Last visited 5/17/23).
---------------------------------------------------------------------------
The target compensation is $442,403 per pilot in 2024, compared to
$424,398 in 2023. The proposed changes to modify the 2023 pilot
compensation to account for the difference between predicted and actual
inflation would increase the 2023 target compensation value by 1.7
percent. As shown in table 42, this inflation adjustment increases
total compensation by $7,215 per pilot, and the total revenue needed by
$404,027, when accounting for all 56 pilots.
Table 42--Change in Revenue Resulting From the Change to Inflation of
Pilot Compensation Calculation in Step 4
------------------------------------------------------------------------
------------------------------------------------------------------------
2023 Target Pilot Compensation............................. $424,398
Adjusted 2023 Compensation ($424,398 x 1.017).............. 431,613
Difference between Adjusted Target 2023 Compensation and 7,215
Target 2023 Compensation ($431,613-$424,398)..............
Increase in total Revenue for 56 Pilots ($7,215 x 56)...... 404,027
------------------------------------------------------------------------
*All figures are rounded to the nearest dollar and may not sum.
Similarly, table 43 shows the impact of the difference between
predicted and actual inflation on the target apprentice pilot
compensation benchmark. The inflation adjustment increases the
compensation benchmark by $2,597 per apprentice pilot, and the total
revenue needed by $18,181 when accounting for all seven apprentice
pilots.
Table 43--Change in Revenue Resulting From the Change to Inflation of
Apprentice Pilot Compensation Calculation in Step 4
------------------------------------------------------------------------
------------------------------------------------------------------------
Target Apprentice Pilot Compensation....................... $152,783
Adjusted Compensation ($152,783 x 1.017)................... 155,381
Difference between Adjusted Target Compensation and Target 2,597
Compensation ($155,381-$152,783)..........................
Increase in total Revenue for Apprentices ($2,597 x 7)..... 18,181
------------------------------------------------------------------------
*All figures are rounded to the nearest dollar and may not sum.
As noted earlier, the Coast Guard predicts that 56 pilots would be
needed for the 2024 season. This is the same number of pilots as the
2023 season, so we do not estimate a change in revenue needed for pilot
compensation separate from the changes to inflation.
Similarly, the Coast Guard predicts that seven apprentice pilots
would be needed for the 2024 season. This would be an increase of one
from the 2023 season. Table 44 shows the increase of $156,668 in
revenue needed solely for apprentice pilot compensation. As noted
previously, to avoid double counting, this value excludes the change in
revenue resulting from the change to adjust 2023 apprentice pilotage
compensation to account for the difference between actual and predicted
inflation.
Table 44--Change in Revenue Resulting From Increase of One Apprentice
Pilot
------------------------------------------------------------------------
------------------------------------------------------------------------
2024 Apprentice Target Compensation........................ $159,265
Total Number of New Apprentices............................ 1
Total Cost of new Apprentices ($159,265 x 1)............... 159,265
Difference between Adjusted Target 2023 Compensation and 2,597
Target 2023 Compensation ($159,265-$155,381)..............
Increase in total Revenue for due to increase of 1 2,597
apprentice ($2,597 x 1)...................................
Net Increase in total Revenue for increase of 1-Apprentice 156,668
(159,265-$2,597)..........................................
------------------------------------------------------------------------
*All figures are rounded to the nearest dollar and may not sum.
Another increase, $604,253, would be the result of increasing
compensation for the 56 pilots to account for future inflation of 2.5
percent in 2024. This would increase total compensation by $10,790 per
pilot, as shown in table 45.
Table 45--Change in Revenue Resulting From Inflating 2023 Compensation
to 2024
------------------------------------------------------------------------
------------------------------------------------------------------------
Adjusted 2023 Compensation................................. $431,613
2024 Target Compensation ($431,613 x 1.025)................ 442,403
Difference between Adjusted 2023 Compensation and Target 10,790
2024 Compensation $442,403-$431,613)......................
[[Page 55656]]
Increase in total Revenue for 56 Pilots ($10,790 x 56)..... 604,253
------------------------------------------------------------------------
*All figures are rounded to the nearest dollar and may not sum.
Similarly, an increase of $27,191 would be the result of increasing
compensation for the 7 apprentice pilots to account for future
inflation of 2.5 percent in 2024. This would increase total
compensation by $3,884 per apprentice pilot, as shown in table 46.
Table 46--Change in Revenue Resulting From Inflating 2023 Apprentice
Pilot Compensation to 2024
------------------------------------------------------------------------
------------------------------------------------------------------------
Adjusted 2023 Compensation................................. $155,381
2024 Target Compensation ($442,403 x 36%).................. 159,265
Difference between Adjusted Compensation and Target 3,884
Compensation ($159,265-$155,381)..........................
Increase in total Revenue for 7 Apprentices ($3,884 x 7)... 27,191
------------------------------------------------------------------------
*All figures are rounded to the nearest dollar and may not sum.
Table 47 presents the percentage change in revenue by area and
revenue-component, excluding surcharges, as they are applied at the
district level.\55\
---------------------------------------------------------------------------
\55\ The 2023 projected revenues are from the Great Lakes
Pilotage Rate-2023 Annual Review and Revisions to Methodology final
rule (88 FR 12226), tables 10, 22, and 34. The 2024 projected
revenues are from tables 8, 20, and 32 of this proposed rule.
---------------------------------------------------------------------------
[[Page 55657]]
[GRAPHIC] [TIFF OMITTED] TP16AU23.002
[[Page 55658]]
Benefits
This proposed rule allows the Coast Guard to meet the requirements
in 46 U.S.C. 9303 to review the rates for pilotage services on the
Great Lakes. The rate changes promote safe, efficient, and reliable
pilotage service on the Great Lakes by (1) ensuring that rates cover an
association's operating expenses, (2) providing fair pilot
compensation, adequate training, and sufficient rest periods for
pilots, and (3) ensuring pilot associations produce enough revenue to
fund future improvements. The rate changes also help recruit and retain
pilots, which ensures enough pilots to meet peak shipping demand,
helping to reduce delays caused by pilot shortages.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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.
For this proposed rule, the Coast Guard reviewed recent company
size and ownership data for the vessels identified in SeaPro, and we
reviewed business revenue and size data provided by publicly available
sources such as ReferenceUSA.\56\ As described in section X.,
Regulatory Analyses, and section III., Executive Summary, of this
preamble, we found that 444 unique vessels used pilotage services
during the years 2020 through 2022. These vessels are owned by 53
entities, of which 47 are foreign entities that operate primarily
outside the United States, and the remaining 6 entities are U.S.
entities. We compared the revenue and employee data found in the
company search to the Small Business Administration's (SBA) small
business threshold, as defined in the SBA's ``Table of Size Standards''
for small businesses, to determine how many of these companies are
considered small entities.\57\ Table 48 shows the North American
Industry Classification System (NAICS) codes of the U.S. entities and
the small entity standard size established by the SBA.
---------------------------------------------------------------------------
\56\ See https://resource.referenceusa.com/ (Last visited 05/18/
2023).
\57\ See https://www.sba.gov/document/support--table-size-standards (Last visited 5/17/23). SBA has established a ``Table of
Size Standards'' for small businesses that sets small business size
standards by NAICS code. A size standard, which is usually stated in
number of employees or average annual receipts (``revenues''),
represents the largest size that a business (including its
subsidiaries and affiliates) may be in order to remain classified as
a small business for SBA and Federal contracting programs.
Table 48--NAICS Codes and Small Entities Size Standards
------------------------------------------------------------------------
Small entity
NAICS Description size standard
------------------------------------------------------------------------
238910........................ Site Preparation $19,000,000.
Contractors.
425120........................ Wholesale Trade Agents 125 Employees.
And Brokers.
483211........................ Inland Water Freight 1,050 Employees.
Transportation.
483212........................ Inland Water 550 Employees.
Transportation.
484230........................ Specialized Freight $34,000,000.
(Except Used Goods)
Trucking, Long-
Distance.
488330........................ Navigational Services $47,000,000.
to Shipping.
561599........................ All Other Travel $32,500,000.
Arrangement And
Reservation Services.
713930........................ Marinas............... $11,000,000.
813910........................ Business Associations. $15,500,000.
------------------------------------------------------------------------
Of the six U.S. entities, two exceed the SBA's small business
standards for small entities. To estimate the potential impact on the
remaining four small entities, the Coast Guard used their 2022 invoice
data to estimate their pilotage costs in 2024. We increased their 2022
costs to account for the changes in pilotage rates resulting from this
proposed rule and the 2023 final rule. We estimated the change in cost
to these entities resulting from this proposed rule by subtracting
their estimated 2023 pilotage costs from their estimated 2024 pilotage
costs and found the average costs to small firms would be approximately
$7,345.04, with a range of $4,198.62 to $11,322.27. We then compared
the estimated change in pilotage costs between 2023 and 2024 with each
firm's annual revenue. In all but one case, the impact of the change in
estimated pilotage expenses would be below 1 percent of revenues. For
one entity, the impact would be 1.62 percent of revenues.
In addition to the owners and operators discussed previously, three
U.S. entities that receive revenue from pilotage services would be
affected by this proposed rule. These are the three pilot associations
that provide and manage pilotage services within the Great Lakes
districts. These associations are designated collectively as the Lake
Carrier's Association, as well as individually by each separate
district association, all with the same NAICS code, ``Business
Association'' \58\ with a small-entity size standard of $15,500,000.
Based on the reported revenues from audit reports, the associations
individually qualify as small entities, but are not considered small by
the reported revenue of the Lake Carrier's Association.
---------------------------------------------------------------------------
\58\ In previous rulemakings, the associations used a different
NAICS code, 483212 Inland Water Passenger Transportation, which had
a size standard of 500 employees (as of the latest SBA [published
March 17, 2023] small business size table, that NAICS has a small
business size threshold of 550 employees) and, therefore, designated
the associations as small entities. The change in NAICS code comes
from an update to the association's ReferenceUSA profile in February
2022.
---------------------------------------------------------------------------
Finally, the Coast Guard did not find any small not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields that would be impacted by this proposed rule.
We also did not find any small governmental jurisdictions with
populations of fewer than 50,000 people that would be impacted by this
proposed rule. Based on this analysis, we conclude this proposed rule
would not affect a substantial number of small entities, nor have a
significant economic impact on any of the affected entities.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed rule would have a significant economic impact on
it, please submit a comment to the docket at the address listed in the
Public Participation and Request for
[[Page 55659]]
Comments section of this preamble. In your comment, explain why you
think it qualifies and how and to what degree this proposed rule would
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this proposed rule.
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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis follows.
Congress directed the Coast Guard to establish ``rates and charges
for pilotage services.'' See 46 U.S.C. 9303(f). This regulation is
issued pursuant to that statute and is preemptive of State law as
specified in 46 U.S.C. 9306. Under 46 U.S.C. 9306, a ``State or
political subdivision of a State may not regulate or impose any
requirement on pilotage on the Great Lakes.'' As a result, States or
local governments are expressly prohibited from regulating within this
category. Therefore, this proposed rule is consistent with the
fundamental federalism principles and preemption requirements described
in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this proposed rule would have
implications for federalism under Executive Order 13132, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section
of this preamble.
F. Unfunded Mandates
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 million (adjusted for
inflation) or more in any one year. Although this proposed rule would
not result in such an expenditure, we do discuss the potential effects
of this proposed rule elsewhere in this preamble.
G. 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).
H. 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.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This proposed 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.
J. 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.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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
[[Page 55660]]
do not individually or cumulatively have a significant effect on the
human environment. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the Public Participation and
Request for Comments section of this preamble. This proposed rule would
be categorically excluded under paragraphs A3 and L54 of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. Paragraph A3
pertains to the promulgation of rules of the following nature: (a)
those of a strictly administrative or procedural nature; (b) those that
implement, without substantive change, statutory or regulatory
requirements; (c) those that implement, without substantive change,
procedures, manuals, and other guidance documents; (d) those that
interpret or amend an existing regulation without changing its
environmental effect; (e) those that provide technical guidance on
safety and security matters; and (f) those that provide guidance for
the preparation of security plans. Paragraph L54 pertains to
regulations which are editorial or procedural.
This proposed rule involves adjusting the pilotage rates for the
2024 shipping season to account for changes in district operating
expenses, changes in the number of pilots, and anticipated inflation.
All changes are consistent with the Coast Guard's maritime safety
missions. 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 46 CFR Part 401
Administrative practice and procedure, Great Lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR part 401 as follows:
PART 401--GREAT LAKES PILOTAGE REGULATIONS
0
1. The authority citation for part 401 continues to read as follows:
Authority: 46 U.S.C. 2103, 2104(a), 6101, 7701, 8105, 9303,
9304; DHS Delegation No. 00170.1, Revision No. 01.3, paragraphs
(II)(92)(a), (d), (e), (f).
0
2. Amend Sec. 401.405 by revising paragraphs (a)(1) through (6) to
read as follows:
Sec. 401.405 Pilotage rates and charges.
(a) * * *
(1) The St. Lawrence River is $925;
(2) Lake Ontario is $606;
(3) Lake Erie is $586;
(4) The navigable waters from Southeast Shoal to Port Huron, MI is
$660;
(5) Lakes Huron, Michigan, and Superior is $413; and
(6) The St. Mary's River is $805.
* * * * *
Dated: August 10, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-17474 Filed 8-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.045789 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0438-0001/content.htm"
} |
USCG-2023-0452-0001 | Rule | 2023-06-23T04:00:00 | Safety Zone; Firework Display; Appomattox River, Hopewell, VA | [Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41029-41030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13389]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0452]
RIN 1625-AA00
Safety Zone; Firework Display; Appomattox River, Hopewell, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 150-yard radius of a fireworks barge located
near City Point, in Hopewell, VA. The purpose of this rulemaking is to
ensure the safety of persons and vessels, and to protect the marine
environment within the navigable waters proximate to fireworks
displays, before, during, and after the scheduled events. Hazards with
this event include potential falling debris and possible fire,
explosion, projectile, and burn hazards. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector Virginia.
DATES: This rule is effective from 9:15 p.m. to 10 p.m. on July 1,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0452 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Chief, Waterways Management Division,
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable to publish an
NPRM for a safety zone which must be established by July 1, 2023, to
prevent harm from potential navigation and safety hazards created by
this event. There is not sufficient time to allow for a notice and
comment period prior to the event.
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 would
be contrary to the public interest, since immediate action is needed to
ensure the safety of event spectators, support craft and other vessels
transiting the navigable waters adjacent to the event. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the event. However, advance notifications will be made
to affected users of the waterway via Broadcast Notice to Mariners and
Local Notice to Mariners.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Virginia (COTP) has determined
that potential hazards associated with the fireworks events present a
safety concern for anyone within the safety zone. The purpose of this
rule is to ensure safety of vessels and people in the navigable waters
who might otherwise be in the safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:15 p.m. until 10 p.m. on
July 1, 2023. The safety zone will include all navigable waters within
150 yards of the fireworks barge located at latitude 37[deg]18'52'' N,
longitude 077[deg]17'12.5'' W, located near City Point in Hopewell, VA.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the fireworks
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the on the size,
location, duration, and time-of-day of the safety zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the
[[Page 41030]]
zone, and the rule would allow vessels to seek permission to enter the
zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 only 45 minutes that will prohibit entry within 150
yards of a fireworks barge. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0452 to read as follows:
Sec. 165.T05-0452 Safety Zone; Firework Display; Appomattox River,
Hopewell, VA.
(a) Location. The following area is a safety zone: all waters at
the confluence of the Appomattox and James Rivers within a 150-yard
radius of approximate position of the fireworks barge at latitude
37[deg]18'52'' N, longitude 077[deg]17'12.5'' W, located near City
Point in Hopewell, VA.
(b) Definitions. As used in this section, 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 (COTP) Sector Virginia in the enforcement of the
safety zone.
(c) Regulations. (1) No vessel or person is permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
(2) To seek permission to enter, contact the COTP's representative
via VHF FM Channel 16. 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) Enforcement period. This safety zone will be enforced from 9:15
p.m. to 10 p.m. on July 1, 2023.
Dated: June 19, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-13389 Filed 6-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.067133 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0452-0001/content.htm"
} |
USCG-2023-0454-0001 | Rule | 2023-06-02T04:00:00 | Safety Zone; San Francisco Giants Drone Display; San Francisco Bay, San Francisco, CA | [Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36245-36247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11800]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0454]
RIN 1625-AA00
Safety Zone; San Francisco Giants Drone Display; San Francisco
Bay, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Francisco Bay, outside McCovey Cove, in San
Francisco, CA in support of an aerial drone display on June 8 through
9, 2023. The safety zone is necessary to protect the personnel,
vessels, and the marine environment from potential hazards created by
drones. Unauthorized persons or vessels are prohibited from entering,
transiting through, or remaining in the safety zone without the
permission of the Captain of the Port San Francisco or designated
representative.
DATES: This rule is effective from 9 p.m. on June 8, 2023, until 10:15
p.m. on June 9, 2023. The regulations in this rule will be enforced
from 9 p.m. until 10:15 p.m. on both days.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0454 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at 415-399-7443,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5
[[Page 36246]]
U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it is impracticable. The Coast Guard did not receive final
details for this event until May 22, 2023. It is impracticable to go
through the full notice and comment rulemaking process because the
Coast Guard must establish this safety zone by June 8 and 9, 2023, and
lacks sufficient time to provide a reasonable comment period and to
consider those comments before issuing the rule.
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 contrary to public interest because action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the aerial drone show
outside McCovey Cove in San Francisco, CA starting on June 8, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority 46 U.S.C.
70034. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the scheduled practice and aerial
drone display for the San Francisco Giants on June 8-9, 2023, will be a
safety concern to anyone within a 200-foot radius of Pier 48 starting
30 minutes before the practice and display is scheduled to commence and
ending 30 minutes after the conclusion of the display. For this reason,
this temporary safety zone is needed to protect personnel, vessels, and
the marine environment in the navigable waters around Pier 48 during
the aerial drone display.
IV. Discussion of the Rule
This rule establishing a temporary safety zone from 9 p.m. on June
8, 2023 until 10:15 p.m. on June 9, 2023, during the practice and
performance of an aerial drone display. This rule will be enforced from
9 p.m. until 10:15 p.m. on both days. The practice period for the drone
display is scheduled to commence at 9:30 p.m. and end approximately at
9:45 p.m. on June 8, 2023, outside of McCovey Cove within the San
Francisco Bay in San Francisco, CA. The drone display is scheduled to
commence at the conclusion of the San Francisco Giants baseball game at
approximately 9:30 p.m. and end approximately at 9:45 p.m. on June 9,
2023.
At 9 p.m. on both June 8, and June 9, 2023, which is 30 minutes
prior to the commencement of the 15-minute aerial drone display, the
safety zone will encompass the navigable waters around and under Pier
48, from surface to bottom, within a circle formed by connecting all
points 200 feet from 37[deg]46'34.3'' N, 122[deg]23'11.3'' W (NAD 83),
and thence along the shoreline. The safety zone enforcement will
terminate at 10:15 p.m. on both June 8, and June 9, 2023, or as
announced via Marine Information Broadcast.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the aerial drone display site. Except for
persons or vessels authorized by the COTP or the COTP's designated
representative, no person or vessel may enter or remain in a restricted
area. A ``designated representative'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or a Federal, State, or local
officer designated by or assisting the COTP in the enforcement of the
Safety Zone. This regulation is necessary to ensure the safety of the
participants, spectators, and transiting vessels.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone. The
safety zone will only be enforced in a small waterway for less than 2
hours on two days. Although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterways users will be notified to
ensure the safety zone will result in minimal impact. The vessels
desiring to transit through or around the temporary safety zone may do
so upon express permission from the COTP or the COTP's designated
representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 36247]]
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
temporary safety zone in the navigable waters around Pier 48 in McCovey
Cove within San Francisco Bay. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T11-129 to read as follows:
Sec. 165.T11-129 Safety Zone; San Francisco Giants Drone Display; San
Francisco Bay, San Francisco, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 200 feet out from Pier 48 at
approximate position 37[deg] 46'34.3'' N, 122[deg] 23'11.3'' W (NAD
83).
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco 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.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
the safety zone must comply with all lawful orders or directions given
to them by the OTP or the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone on VHF-23A or
through the 24-hour Command Center at telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from 9 p.m.
until 10:15 p.m. on June 8, 2023, and June 9, 2023.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.
Dated: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11800 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.068953 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0454-0001/content.htm"
} |
USCG-2023-0455-0001 | Rule | 2023-06-06T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36954-36955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12033]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0455]
Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulations.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce multiple safety zones located in
federal regulations for recurring marine events taking place in July
2023. This action is necessary and intended for the safety of life and
property on navigable waters during these events. During the
enforcement periods, no person or vessel may enter the respective
safety zone without the permission of the Captain of the Port Buffalo
or a designated representative.
DATES: The Coast Guard will enforce the following regulations listed in
33 CFR 165.939, Table 165.939, July Safety Zones:
1. Entry (a)(7) Blazing Paddles (a.k.a. Blazing Paddles Paddle Fest)--
from 7:15 a.m. through 1:45 p.m. on July 22, 2023
2. Entry (b)(10) Sheffield Lake Annual Community Days (a.k.a. Sheffield
Lake Annual Community Day Festival)--from 09:45 p.m. through 10:35 p.m.
on July 21, 2023
3. Entry (d)(1) Madison Light Up the Park (a.k.a. Madison Township
Light Up the Park)--from 9:15 p.m. through 10:15 p.m. on July 22, 2023
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT. Jared Stevens, Waterways
Management Division, U.S. Coast Guard Marine Safety Unit Cleveland;
telephone 216-937-0124, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce multiple safety
zones for annual events in the Captain of the Port Buffalo Zone listed
in 33 CFR 165.939, Table 165.939 for events occurring in the month of
July as listed in the DATES section above. Pursuant to
[[Page 36955]]
33 CFR 165.23, entry into, transiting, or anchoring within these safety
zones during an enforcement period is prohibited unless authorized by
the Captain of the Port Buffalo or his designated representative. Those
seeking permission to enter the safety zone may request permission from
the Captain of Port Buffalo via channel 16, VHF-FM. Vessels and persons
granted permission to enter the safety zone shall obey the directions
of the Captain of the Port Buffalo or his designated representative.
While within a safety zone, all vessels shall operate at the minimum
speed necessary to maintain a safe course.
This notice of enforcement is issued under authority of 33 CFR
165.939 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 this enforcement period via
Broadcast Notice to Mariners or Local Notice to Mariners. If the
Captain of the Port Buffalo determines that the safety zone need not be
enforced for the full duration stated in this notice, he may use a
Broadcast Notice to Mariners to grant general permission to enter the
respective safety zone.
Dated: May 30, 2023.
J.B. Bybee,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-12033 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.070766 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0455-0001/content.htm"
} |
USCG-2023-0456-0001 | Proposed Rule | 2023-06-20T04:00:00 | Safety Zone; Lake Erie, Cleveland, OH | [Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Proposed Rules]
[Pages 39799-39801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12364]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0456]
RIN 1625-AA00
Safety Zone; Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish an annually
recurring safety zone for certain waters of Lake Erie. This action is
necessary to provide for the safety of life on these navigable waters
near Cleveland, OH, during the Tri CLE Rock and Roll Run. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Buffalo or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 20, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0456 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Jared Stevens, Waterways
Management Division, MSU Cleveland, U.S. Coast Guard; telephone 216-
937-0124, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 19, 2023, Tri CLE Rock Roll Run notified the Coast Guard
that it will be sponsoring a triathlon on August 11 and 12, 2023, and
then again annually on or around the second or third weekend in August
every year after. The triathlon is to take place in the North Coast
Harbor and into the West Basin Channel in Cleveland, OH. The Captain of
the Port Buffalo (COTP) has determined that a safety zone covering
navigable waters and tributaries of Lake Erie within the North Coast
Harbor and the West Basin Channel in Cleveland, OH, is needed to
protect participants during the swimming portion of the triathlon.
The purpose of this rulemaking is to ensure the safety of
participants and the navigable waters within the course of the swimming
portion of the triathlon before, during, and after the scheduled marine
event. The Coast Guard is proposing this rulemaking under authority in
46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a permanent safety zone in order
to protect participants during the swimming portion of the triathlon.
The safety zone would cover all navigable waters and tributaries of
Lake Erie within the North Coast Harbor and immediately adjacent waters
in Cleveland, OH; the boundaries of the safety zone would form a
rectangle with the four corners of the polygon located in the following
positions: (1) 41[deg]30'41'' N, 081[deg]42'01'' W; (2) 41[deg]30'47''
N, 081[deg]41'53'' W; (3) 41[deg]30'32'' N, 081 41'39'' W; (4) 41[deg]
30'27'' N, 081[deg]41'47'' W. The duration of the zone is intended to
ensure the safety of participants in these navigable waters before,
during, and after the swim portion of the Tri CLE Rock Roll Run
triathlon. The event will then reoccur on an annual basis on or around
the second or third weekend in August. Exact dates and times of
enforcement will be made public via notice of enforcement prior to the
event date. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. 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 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. This NPRM has not been designated a
[[Page 39800]]
``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on size, location,
and duration of the proposed rule. This safety zone would restrict
navigation through the swimming area for 7.5 hours on one day.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves the
establishment of a safety zone lasting 7.5 hours that would prohibit
entry in, out or through North Coast Harbor on August 11 and 12, 2023,
and then again annually on or around the second or third weekend in
August thereafter. Normally such actions are categorically excluded
from further review under paragraph L63(b) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0456 in the
search box and click ``Search.'' Next, look for this document in the
``Search Results'' column, and click on it. Then click on the
``Comment'' option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
[[Page 39801]]
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.939, amend the table by revising its heading and adding
entry (c)(7) to read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
* * * * *
Table 1 to Sec. 165.939
------------------------------------------------------------------------
Enforcement date
Event Location \1\ and time \2\
------------------------------------------------------------------------
(c) August Safety Zones
------------------------------------------------------------------------
* * * * * * *
(7) Tri CLE Rock Roll Run..... Cleveland, OH. All On or around the
U.S. waters of Lake 2nd or 3rd
Erie; Cleveland weekend of
Harbor, from position August.
(1) 41[deg]30'41'' N
081[deg]42'01'' W, to
(2) 41[deg]30'47'' N
081[deg]41'53'' W, to
(3) 41[deg]30'32'' N
081 41'39'' W, to (4)
41[deg]30'27'' N
081[deg]41'47'' W,
then return to
original position
(NAD 83).
* * * * * * *
------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.xxx reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
and times for each of the listed safety zones are subject to change.
In the event of a change, or for enforcement periods listed that do
not allow a specific date or dates to be determined, the Captain of
the Port will provide notice to the public by publishing a Notice of
Enforcement in the Federal Register, as well as, issuing a Broadcast
Notice to Mariner.]
Dated: May 31, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-12364 Filed 6-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.071599 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0456-0001/content.htm"
} |
USCG-2023-0457-0001 | Rule | 2023-06-06T04:00:00 | Safety Zone; Lake of the Ozarks MM .5–1, Approximately 500 Feet Off the Bagnell Dam, Lake of the Ozarks, MO | [Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36950-36951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12064]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0457]
RIN 1625-AA00
Safety Zone; Lake of the Ozarks MM .5-1, Approximately 500 Feet
Off the Bagnell Dam, Lake of the Ozarks, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lake of the Ozarks at mile marker .5 to
mile marker 1 approximately 500 feet southwest of the Bagnell Dam. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a series of fireworks
displays. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.
DATES: This rule is effective June 17, 2023, through September 2, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0457 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Nathaniel Dibley, Sector Upper Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone 314-269-
2550, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impractical and contrary to the public interest due to the date the
event is taking place. It is impracticable and contrary to the public
interest to publish an NPRM because we must establish this safety zone
by June 17, 2023, to guard against potential hazards associated with
this series of events. Potential safety hazards include the accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris.
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 and contrary to the public interest
due to the date the event is taking place and the need to protect
against associated potential hazards. It would be impracticable to wait
30 days after publishing because we must establish this safety zone by
June 17, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Upper Mississippi River (COTP)
has determined that potential hazards associated with Celebrations
Cruise fireworks, on June 17, July 1, July 8, July 15, July 22, July
29, August 5, August 19, and September 2, 2023, will be a safety
concern for anyone within the fallout zone. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the fireworks displays.
IV. Discussion of the Rule
This rule establishes a safety zone from June 17, 2023, through
September 2, 2023. The zone will be enforced from 8:45 p.m. until 10:15
p.m. on each of the following days in 2023: June 17, July 1, July 8,
July 15, July 22, July 29, August 5, August 19, and September 2. The
safety zone will cover all navigable waters within the outlined fallout
zone, on the Lake of the Ozarks, between Mile Markers .5 to 1
approximately 500 feet southwest of the Bagnell Dam. The duration of
enforcement of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the fireworks
display. No vessel or person will be permitted to transit the safety
zone without obtaining permission from the COTP or a designated
representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on a series of
fireworks displays that impact a one half mile stretch of the Lake of
the Ozarks mile marker .5 to mile marker 1 approximately 500 feet
southwest of the Bagnell Dam on June 17, July 1, July 8, July 15, July
22, July 29, August 5, August 19, and September 2, 2023 from 8:45 p.m.
to 10:15 p.m. Moreover, the Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the safety zone,
mariners may seek permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
[[Page 36951]]
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 that will be enforced from 8:45 p.m. to 10:15 p.m. on June
17, July 1, July 8, July 15, July 22, July 29, August 5, August 19, and
September 2, 2023, that will prohibit entry on the Lake of the Ozarks
between MM .5 to MM 1 approximately 500 feet southwest of the Bagnell
Dam. It is categorically excluded from further review under paragraph
L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0457 to read as follows:
Sec. 165.T08-0457 Safety Zone[s]; Safety Zone, Lake of the Ozarks,
Mile Markers .5-1, Lake of the Ozarks, MO.
(a) Location. The following area is a safety zone: all navigable
waters of the Lake of the Ozarks at mile marker .5 to mile marker 1
approximately 500 feet southwest of the Bagnell Dam.
(b) 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. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of the USCG Sector
Upper Mississippi River.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through USCG 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.
(c) Enforcement period. This safety zone will be enforced from 8:45
p.m. to 10:15 p.m. each of the following days in 2023: June 17, July 1,
July 8, July 15, July 22, July 29, August 5, August 19, and September
2, 2023.
Dated: May 31, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-12064 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.073198 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0457-0001/content.htm"
} |
USCG-2023-0458-0001 | Rule | 2023-06-02T04:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA | [Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Page 36243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11792]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0458]
Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Military Ocean Terminal Concord, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone in the navigable
waters of Suisun Bay, off Concord, CA, in support of explosive on-
loading to Military Ocean Terminal Concord (MOTCO) from June 4, 2023,
through June 10, 2023. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential explosion
within the explosive arc. The safety zone is open to all persons and
vessels for transitory use, but vessel operators desiring to anchor or
otherwise loiter within the safety zone must obtain the permission of
the Captain of the Port San Francisco or a designated representative.
All persons and vessels operating within the safety zone must comply
with all directions given to them by the Captain of the Port San
Francisco or a designated representative.
DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on June 4, 2023, until 11:59 p.m. on June 10, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email Lieutenant William K.
Harris, U.S. Coast Guard Sector San Francisco, Waterways Management
Division, at 415-399-7443, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on June 4, 2023, until 11:59 p.m. on
June 10, 2023, or as announced via marine local broadcasts. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from potential explosion within the explosive arc. The
regulation for this safety zone, Sec. 165.1198, specifies the location
of the safety zone which encompasses the navigable waters in the area
between 500 yards of MOTCO Pier 2 in position 38[deg]03'30'' N,
122[deg]01'14'' W and 3,000 yards of the pier. During the enforcement
periods, as reflected in Sec. 165.1198(d), if you are the operator of
a vessel in the regulated area you must comply with the instructions of
the COTP or the designated on-scene patrol personnel. Vessel operators
desiring to anchor or otherwise loiter within the safety zone must
contact Sector San Francisco Vessel Traffic Service at 415-556-2760 or
VHF Channel 14 to obtain permission.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via marine information broadcasts.
Dated: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11792 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.074667 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0458-0001/content.htm"
} |
USCG-2023-0458-0003 | Rule | 2023-06-29T04:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA | [Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Rules and Regulations]
[Page 42027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13824]
[[Page 42027]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0458]
Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Military Ocean Terminal Concord, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone in the navigable
waters of Suisun Bay, off Concord, CA, in support of explosive on-
loading to Military Ocean Terminal Concord (MOTCO) from June 26, 2023,
through June 30, 2023. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential explosion
within the explosive arc. The safety zone is open to all persons and
vessels for transitory use, but vessel operators desiring to anchor or
otherwise loiter within the safety zone must obtain the permission of
the Captain of the Port San Francisco or a designated representative.
All persons and vessels operating within the safety zone must comply
with all directions given to them by the Captain of the Port San
Francisco or a designated representative.
DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on June 26, 2023, until 11:59 p.m. on June 30, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email Lieutenant William K.
Harris, U.S. Coast Guard Sector San Francisco, Waterways Management
Division, at 415-399-7443, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on June 26, 2023, until 11:59 p.m. on
June 30, 2023, or as announced via marine local broadcasts. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from potential explosion within the explosive arc. The
regulation for this safety zone, Sec. 165.1198, specifies the location
of the safety zone which encompasses the navigable waters in the area
between 500 yards of MOTCO Pier 2 in position 38[deg]03'30'' N,
122[deg]01'14'' W and 3,000 yards of the pier. During the enforcement
periods, as reflected in Sec. 165.1198(d), if you are the operator of
a vessel in the regulated area you must comply with the instructions of
the COTP or the designated on-scene patrol personnel. Vessel operators
desiring to anchor or otherwise loiter within the safety zone must
contact Sector San Francisco Vessel Traffic Service at 415-556-2760 or
VHF Channel 14 to obtain permission.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via marine information broadcasts.
Dated: June 21, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco.
[FR Doc. 2023-13824 Filed 6-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.075575 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0458-0003/content.htm"
} |
USCG-2023-0461-0001 | Proposed Rule | 2023-06-01T04:00:00 | Special Local Regulation; Back River, Baltimore County, MD | [Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35802-35805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11620]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0461]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of Back River. This action is
necessary to provide for the safety of life on these navigable waters
located in Baltimore County, MD, during activities associated with an
air show event from July 14, 2023, through July 16, 2023. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port, Maryland-
National Capital Region or the Coast Guard Event Patrol Commander. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 3, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0461 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Samuel M. Danus, U.S. Coast
Guard Sector Maryland-National Capital Region; telephone 410-576-2519,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz
Airshows LLC of Clearfield, PA, notified the Coast Guard that they will
be conducting the 2023 Tiki Lee's Shootout on the River Airshow from 7
to 8 p.m. on July 14, 2023, from 2 to 3 p.m. on July 15, 2023, and from
2 to 3 p.m. on July 16, 2023. High speed, low-flying civilian and
military aircraft air show performers will operate within a designated,
marked aerobatics box located on Back River, between Lynch Point to the
south and Walnut Point to the north. The event is being held adjacent
to Tiki Lee's Dock Bar, 4309 Shore Road, Sparrows Point, in Baltimore
County, MD. Hazards from the air show include risks of injury or death
resulting from aircraft accidents, dangerous projectiles, hazardous
materials spills, falling debris, and near or actual contact among
participants and spectator vessels or waterway users if normal vessel
traffic were to interfere with the event. Additionally, such hazards
include participants operating near a designated navigation channel, as
well as operating adjacent to waterside residential communities. The
COTP Maryland-National Capital Region has determined that potential
hazards associated with the air show would be a safety concern for
anyone intending to participate in this event and for vessels that
operate within specified waters of Back River.
The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations from 6 p.m. on July 14, 2023, through 4 p.m.
on July 16, 2023. The regulations would be enforced from 6 to 9 p.m. on
July 14, 2023, from 1 to 4 p.m. on July 15, 2023, and from 1 to 4 p.m.
on July 16, 2023. The regulated area would cover all navigable waters
of Back River within an area bounded by a line connecting the following
points: from the shoreline at Lynch Point at latitude 39[deg]14'46'' N,
longitude 076[deg]26'23'' W, thence northeast to Porter Point at
latitude 39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north
along the shoreline to Walnut Point at latitude 39[deg]17'06'' N,
longitude 076[deg]27'04'' W, thence southwest to the shoreline at
latitude 39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south
along the shoreline to the point of origin, located in Baltimore
County, MD. The regulated area is approximately 4,200 yards in length
and 1,200 yards in width.
This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Aerobatics Box'' and ``Spectator Areas.''
The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after activities associated with
the air show, scheduled from 7 to 8 p.m. on July 14, 2023, from 2 to 3
p.m. on July 15, 2023, and from 2 to 3 p.m. on July 16, 2023. The COTP
and the Coast Guard Event PATCOM would have authority to forbid and
control the movement of all vessels and persons, including event
participants, in the regulated area. When hailed or signaled by an
official patrol, a vessel or person in the regulated area would be
required to immediately comply with the directions given by the COTP or
Event PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Except for 2023 Tiki Lee's Shootout on the River Airshow
participants and vessels already at berth, a vessel or person would be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators would be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Operators of vessels
already at berth desiring to move those vessels when the event is
subject to enforcement would be required to obtain permission before
doing so. Vessel traffic would be able to safely transit the regulated
area once the Event PATCOM deems it safe to do so. A vessel within the
regulated area must operate at safe speed that minimizes wake. A person
or vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a spectator. Official
Patrols are any vessel assigned or approved by the Commander, Coast
Guard Sector Maryland-National Capital Region with a commissioned,
warrant, or petty officer onboard and displaying a Coast Guard ensign.
Official Patrols enforcing
[[Page 35803]]
this regulated area can be contacted on VHF-FM channel 16 and channel
22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator area. Only participant
vessels would be allowed to enter the aerobatics box. The Coast Guard
would publish a notice in the Fifth Coast Guard District Local Notice
to Mariners and issue a marine information broadcast on VHF-FM marine
band radio announcing specific event dates and times.
The regulatory text we are proposing appears at the end of this
document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small, designated
area of Back River for 9 total enforcement hours. This waterway
supports mainly recreational vessel traffic, which at its peak, occurs
during the summer season. Although this regulated area extends across
the entire width of the waterway, the rule would allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic would be able to transit the regulated area as instructed by
Event PATCOM. Such vessels must operate at safe speed that minimizes
wake and not loiter within the navigable channel while within the
regulated area. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the status of the
regulated area.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 9 total enforcement
hours. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. We seek any comments or information that
may lead to the discovery of a
[[Page 35804]]
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0461 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501 T05-0461 to read as follows:
Sec. 100.501 T05-0461 2023 Tiki Lee's Shootout on the River Airshow,
Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
(2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to and terminating at the point of origin.
(3) Spectator Areas--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
(ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
(iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
(b) Definitions. As used in this section--
Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
Captain of the Port (COTP), Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2023 Tiki Lee's
[[Page 35805]]
Shootout on the River Airshow'' event, or otherwise designated by the
event sponsor as having a function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
(c) Special local regulations.
(1) The COTP Maryland-National Capital Region or Event PATCOM may
forbid and control the movement of all vessels and persons, including
event participants, in the regulated area described in paragraph (a)(1)
of this section. When hailed or signaled by an official patrol, a
vessel or person in the regulated area shall immediately comply with
the directions given by the patrol. Failure to do so may result in the
Coast Guard expelling the person or vessel from the area, issuing a
citation for failure to comply, or both. The COTP Maryland-National
Capital Region or Event PATCOM may terminate the event, or a
participant's operations at any time the COTP Maryland-National Capital
Region or Event PATCOM believes it necessary to do so for the
protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement periods. This section will be enforced from 6 to 9
p.m. on July 14, 2023, from 1 to 4 p.m. on July 15, 2023, and from 1 to
4 p.m. on July 16, 2023.
Dated: May 25, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-11620 Filed 5-31-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.076415 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0461-0001/content.htm"
} |
USCG-2023-0461-0003 | Rule | 2023-07-12T04:00:00 | Special Local Regulation; Back River, Baltimore County, MD | [Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Rules and Regulations]
[Pages 44216-44219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14681]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0461]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters, located in
Baltimore County, MD, during activities associated with an air show
event which will be held on three separate occasions between July 14,
2023 and July 16, 2023. This rule prohibits persons and vessels from
being in the regulated area unless authorized by the Captain of the
Port, Maryland-National Capital Region or the Coast Guard Event Patrol
Commander.
DATES: This rule is effective from 6 p.m. on July 14, 2023 through 4
p.m. on July 16, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0461 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Hollie Givens, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2596, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz
Airshows LLC of Clearfield, PA, notified the Coast Guard that they will
be conducting the 2023 Tiki Lee's Shootout on the River Airshow from 7
p.m. to 8 p.m. on July 14, 2023, from 2 p.m. to 3 p.m. on July 15,
2023, and from 2 p.m. to 3 p.m. on July 16, 2023. High speed, low-
flying civilian and military aircraft air show performers will operate
within a designated, marked aerobatics box located on Back River,
between Lynch Point to the south and Walnut Point to the north. The
event is being held adjacent to Tiki Lee's Dock Bar, 4309 Shore Road,
Sparrows Point, in Baltimore County, MD. Hazards from the air show
include risks of injury or death resulting from aircraft accidents,
dangerous projectiles, hazardous materials spills, falling debris, and
from near or actual collisions between waterway users and participants
or spectator vessels if normal vessel traffic were allowed to interfere
with the event. Additionally, these hazards could affect vessels in a
designated navigation channel and adjacent to waterside residential
communities if the locations of these activities were not restricted.
In response to these potential hazards, on June 1, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Special
Local Regulation; Back River, Baltimore County, MD (88 FR 35802).
There, we stated why we issued the NPRM to promulgate the special local
regulation, which will be subject to enforcement beginning an hour
before each show begins and ending an hour after it ends, and we
invited comments on our proposed regulatory action related to this air
show. During the comment period,
[[Page 44217]]
which ended July 3, 2023, we received no comments.
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. Because there are less than 30
days between now and the date of the event, it would be impracticable
and contrary to the public interest to make the regulation effective 30
days after publication in the Federal Register. Doing so would delay
safety measures necessary to respond to potential safety hazards
associated with this marine event. Immediate action is needed to
protect participants, spectators, and other persons and vessels during
the air show event on these navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the air
show being held on three occasions, occurring between July 14, 2023 and
July 16, 2023, will be a safety concern for anyone operating within
certain waters of Back River in Baltimore County, MD near the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
1, 2023. Except for the addition of language stating the rule's
effective period, there are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes special local regulations from 7 p.m. on July
14, 2023 through 4 p.m. on July 16, 2023. The regulated area will cover
all navigable waters of Back River within an area bounded by a line
connecting the following point: from the shoreline at Lynch Point at
latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
This rule provides additional information about areas within the
regulated area and their definitions. These areas include ``Aerobatics
Box'' and ``Spectator Areas.''
The duration of the periods the special local regulations will be
subject to enforcement, and size of the regulated area are intended to
ensure the safety of life on these navigable waters before, during, and
after activities associated with the air show, which is scheduled from
7 p.m. to 8 p.m. on July 14, 2023, from 2 p.m. to 3 p.m. on July 15,
2023, and from 2 p.m. to 3 p.m. on July 16, 2023. The COTP and the
Coast Guard Event PATCOM have authority to forbid and control the
movement of all vessels and persons, including event participants, in
the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area is required to immediately
comply with the directions given by the COTP or Event PATCOM. If a
person or vessel fails to follow such directions, the Coast Guard may
expel them from the area, issue them a citation for failure to comply,
or both.
Except for 2023 Tiki Lee's Shootout on the River Airshow
participants and vessels already at berth, a vessel or person will be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators will be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Operators of vessels
already at berth desiring to move those vessels when the event is
subject to enforcement are required to obtain permission before doing
so. Vessel traffic will be able to safely transit the regulated area
once the Event PATCOM deems it safe to do so. A person or vessel not
registered with the event sponsor as a participant or assigned as
official patrols is considered a spectator. Official Patrols are any
vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer onboard and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels are required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels will
direct spectators to the designated spectator area. Only participant
vessels will be allowed to enter the aerobatics box. The Coast Guard
will publish a notice in the Fifth Coast Guard District Local Notice to
Mariners and issue a marine information broadcast on VHF-FM marine band
radio announcing specific event dates and times.
The regulatory text appears at the end of this document.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which will impact a small, designated
area of Back River for the 9 total hours during which the rule will be
subject to enforcement. This waterway supports mainly recreational
vessel traffic, which at its peak, occurs during the summer season.
Although this regulated area extends across the entire width of the
waterway, the rule allows vessels and persons to seek permission to
enter the regulated area, and vessel traffic will be able to transit
the regulated area as instructed by Event PATCOM. Such vessels must
operate at safe speed that minimizes wake and not loiter within the
navigable channel while within the regulated area. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the status of the regulated area.
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 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
[[Page 44218]]
with populations of less than 50,000. The Coast Guard received no
comments from the Small Business Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 9 total enforcement
hours. It is categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0461 to read as follows:
Sec. 100.501T05-0461 2023 Tiki Lee's Shootout on the River Airshow,
Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
(2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to and terminating at the point of origin.
(3) Spectator Areas.--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence
[[Page 44219]]
south to and terminating at the point of origin.
(ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
(iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
(b) Definitions. As used in this section:
Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
Captain of the Port (COTP), Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2023 Tiki Lee's Shootout on the River
Airshow'' event, or otherwise designated by the event sponsor as having
a function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
(c) Special local regulations.
(1) The COTP Maryland-National Capital Region or Event PATCOM may
forbid and control the movement of all vessels and persons, including
event participants, in the regulated area described in paragraph (a)(1)
of this section. When hailed or signaled by an official patrol, a
vessel or person in the regulated area shall immediately comply with
the directions given by the patrol. Failure to do so may result in the
Coast Guard expelling the person or vessel from the area, issuing a
citation for failure to comply, or both. The COTP Maryland-National
Capital Region or Event PATCOM may terminate the event, or a
participant's operations at any time the COTP Maryland-National Capital
Region or Event PATCOM believes it necessary to do so for the
protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Effective period. This section will be in effect from 6 p.m. on
July 14, 2023 to 4 p.m. on July 16, 2023.
(f) Enforcement periods. This section will be subject to
enforcement from 6 p.m. to 9 p.m. on July 14, 2023, from 1 to 4 p.m. on
July 15, 2023, and from 1 to 4 p.m. on July 16, 2023.
Dated: July 6, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-14681 Filed 7-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.078840 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0461-0003/content.htm"
} |
USCG-2023-0462-0001 | Proposed Rule | 2023-06-15T04:00:00 | Special Local Regulation: Back River, Baltimore County, MD | [Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Proposed Rules]
[Pages 39206-39210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12749]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0462]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of Back River. This action is
necessary to provide for the safety of life on these navigable waters
located in Baltimore County, MD during a high-speed power boat event on
July 15, 2023, (alternate date on July 16, 2023). This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port, Maryland-
National Capital Region or the Coast Guard Event Patrol Commander. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 30, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0462 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Samuel M. Danus, U.S. Coast
Guard Sector Maryland-National Capital Region; telephone 410-576-2519,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Tiki Lee's Dock Bar of Sparrows Point, MD, notified the Coast Guard
that they will be conducting the 2023 Tiki Lee's Shootout on the River
from 9 a.m. to 5 p.m. on July 15, 2023. The individually-timed power
boat speed runs event consists of approximately 40 participants
competing on a designated, marked linear course located on Back River
between Porter Point to the south and Stansbury Point to the north. The
event is being staged out of Tiki Lee's Dock Bar, 4309 Shore Road,
Sparrows Point, in Baltimore County, MD. In the event of inclement
weather on July 15, 2023, the event will be conducted from 9 a.m. to 5
p.m. on July 16, 2023. Hazards from the high-speed power boat event
include participants operating within and adjacent to the designated
navigation channel and interfering with vessels intending to operate
within that channel, as well as operating within approaches to local
marinas and boat facilities and waterfront residential communities. The
COTP Maryland-National Capital Region has determined that potential
hazards associated with
[[Page 39207]]
the high-speed power boat event would be a safety concern for anyone
intending to participate in this event and for vessels that operate
within specified waters of Back River.
The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041. The Coast Guard is requesting that
interested parties provide comments within a shortened comment period
of 15 days instead of the typical 30 days for this notice of proposed
rulemaking. The Coast Guard believes the 15-day comment period still
provides for a reasonable amount of time for interested parties to
review the proposal and provide informed comments on it while also
ensuring the Coast Guard has time to review and respond to any
significant comments and has a final rule in effect in time for the
scheduled event to protect against the identified hazards.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations from 8 a.m. to 6 p.m. on July 15, 2023. The
regulated area would cover all navigable waters of Back River within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to the point of origin, located in Baltimore County, MD. The
regulated area is approximately 4,200 yards in length and 1,200 yards
in width.
This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Course Area,'' ``Buffer Area,'' and ``Spectator Areas.''
The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
event, scheduled from 9 a.m. to 5 p.m. on July 15, 2023, (alternate
date on July 16, 2023). The COTP and the Coast Guard Event PATCOM would
have authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area. When
hailed or signaled by an official patrol, a vessel or person in the
regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
Except for 2023 Tiki Lee's Shootout on the River participants and
vessels already at berth, a vessel or person would be required to get
permission from the COTP or Event PATCOM before entering the regulated
area. Vessel operators would be able to request permission to enter and
transit through the regulated area by contacting the Event PATCOM on
VHF-FM channel 16. Vessel traffic would be able to safely transit the
regulated area once the Event PATCOM deems it safe to do so. A vessel
within the regulated area must operate at safe speed that minimizes
wake. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols would be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign. Official Patrols enforcing this regulated area can be
contacted on VHF-FM channel 16 and channel 22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator area. Only participant
vessels would be allowed to enter the aerobatics box. The Coast Guard
would publish a notice in the Fifth Coast Guard District Local Notice
to Mariners and issue a marine information broadcast on VHF-FM marine
band radio announcing specific event dates and times.
The regulatory text we are proposing appears at the end of this
document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small, designated
area of Back River for 10 total enforcement hours. This waterway
supports mainly recreational vessel traffic, which at its peak, occurs
during the summer season. Although this regulated area extends across
the entire width of the waterway, the rule would allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic would be able to transit the regulated area as instructed by
Event PATCOM. Such vessels must operate at safe speed that minimizes
wake and not loiter within the navigable channel while within the
regulated area. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the status of the
regulated area.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see
[[Page 39208]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rulemaking would economically affect it.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 10 total enforcement
hours. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0462 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0161 to read as follows:
Sec. 100.501T05-0161 2nd Annual Tiki Lee's Shootout on the River,
Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Back River, within an
area
[[Page 39209]]
bounded by a line connecting the following points: from the shoreline
at Lynch Point at latitude 39[deg]14'46'' N, longitude 076[deg]26'23''
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N,
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to and terminating
at the point of origin. The aerobatics box and spectator areas are
within the regulated area.
(2) Course Area. The course area is a polygon in shape measuring
approximately 1,400 yards in length by 50 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]16'14.98'' N,
longitude 076[deg]26'57.38'' W, thence east to latitude
39[deg]16'15.36'' N, longitude 076[deg]26'55.56'' W, thence south to
latitude 39[deg]15'33.40'' N, longitude 076[deg]26'49.70'' W, thence
west to latitude 39[deg]15'33.17'' N, longitude 076[deg]26'51.60'' W,
thence north to and terminating at the point of origin.
(3) Buffer Area. The buffer area is a polygon in shape measuring
approximately 100 yards in east and west directions and approximately
150 yards in north and south directions surrounding the entire course
area described in the preceding paragraph of this section. The area is
bounded by a line commencing at position latitude 39[deg]16'18.72'' N,
longitude 076[deg]27'01.74'' W, thence east to latitude
39[deg]16'20.36'' N, longitude 076[deg]26'52.39'' W, thence south to
latitude 39[deg]15'29.27'' N, longitude 076[deg]26'45.36'' W, thence
west to latitude 39[deg]15'28.43'' N, longitude 076[deg]26'54.94'' W,
thence north to and terminating at the point of origin.
(4) Spectator Areas--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
(ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
(iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
(b) Definitions. As used in this section--
Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2nd Annual Tiki Lee's Shootout on the
River'' event, or otherwise designated by the event sponsor as having a
function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the
[[Page 39210]]
regulated area by other federal, state, and local agencies.
(e) Enforcement periods. This section will be enforced from 8 a.m.
to 6 p.m. on July 15, 2023, and, if necessary due to inclement weather
on July 15, 2023, from 8 a.m. to 6 p.m. on July 16, 2023.
Dated: June 9, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-12749 Filed 6-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.080165 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0462-0001/content.htm"
} |
USCG-2023-0462-0002 | Rule | 2023-07-13T04:00:00 | Special Local Regulation; Back River, Baltimore County, MD | [Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44694-44697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14811]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0462]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters, located in
Baltimore County, MD, during a high-speed power boat event, which will
either take place as scheduled (on July 15, 2023) or on an alternate
date (July 16, 2023), in case of inclement weather. This rule prohibits
persons and vessels from being in the regulated area unless authorized
by the Captain of the Port, Maryland-National Capital Region or the
Coast Guard Event Patrol Commander.
DATES: This rule is effective from 8 a.m. on July 15, 2023, to 5 p.m.
on July 16, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST2 Hollie Givens, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2596, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Tiki Lee's Dock Bar of Sparrows Point, MD, notified the Coast Guard
that they will be conducting the 2023 Tiki Lee's Shootout on the River
from 9 a.m. to 5 p.m. on July 15, 2023. The individually-timed power
boat speed runs event consists of approximately 40 participants
competing on a designated, marked linear course located on Back River
between Porter Point to the south and Stansbury Point to the north. The
event is being staged out of Tiki Lee's Dock Bar, 4309 Shore Road,
Sparrows Point, in Baltimore County, MD. In the event of inclement
weather on July 15,
[[Page 44695]]
2023, the event will be conducted from 9 a.m. to 5 p.m. on July 16,
2023. Potential hazards from the high-speed power boat event include
collisions between participants operating within and adjacent to the
designated navigation channel and with vessels operating within that
channel or within approaches to local marinas and boat facilities and
waterfront residential communities. The COTP Maryland-National Capital
Region has determined that these potential hazards would be a safety
concern for anyone participating in this event and for other vessels
operating within specified waters of Back River. In response, on June
15, 2023, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Special Local Regulation; Back River, Baltimore County,
MD (88 FR 39206). There, we stated why we issued the NPRM and we
invited comments on our proposed regulatory action related to this
event. During the comment period, which ended June 30, 2023, we
received no comments.
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. As there are fewer than 30 days
remaining before the date of the event, it would be impracticable and
contrary to the public interest to make the regulation effective 30
days after publication in the Federal Register. Delaying the effective
date of this rule would delay the implementation of safety measures
necessary to respond to the potential safety hazards associated with
this marine event. These potential hazards include collisions between
participants operating within and adjacent to the designated navigation
channel and with vessels not affiliated with the event operating within
that channel and within approaches to local marinas, boat facilities,
and waterfront residential communities. Immediate action is needed to
protect participants, spectators, and other persons and vessels during
the high-speed power boat event on these navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the high-
speed power boat event to be held on July 15, 2023 (or on a rain date
of July 16, 2023) will be a safety concern for anyone intending to
operate within certain waters of Back River in Baltimore County, MD, in
or near the event area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
1, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM other than the addition of language
specifying the effective date of the rule and the deletion of an
extraneous definition of ``aerobatics box.''
This rule establishes special local regulations effective from 8
a.m. on July 15 to 6 p.m. on July 16, 2023 and subject to enforcement
from 8 a.m. to 6 p.m. on each of those days. The regulated area will
cover all navigable waters of Back River within an area bounded by a
line connecting the following points: from the shoreline at Lynch Point
at latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
This rule provides additional information about areas within the
regulated area and their definitions. These areas include ``Course
Area,'' ``Buffer Area,'' and ``Spectator Areas.''
The duration of the special local regulations and size of the
regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
event, scheduled from 9 a.m. to 5 p.m. on July 15, 2023, (with an
alternate date of July 16, 2023 in case of inclement weather). The COTP
and the Coast Guard Event PATCOM will have authority to forbid and
control the movement of all vessels and persons, including event
participants, in the regulated area. When hailed or signaled by an
official patrol, a vessel or person in the regulated area will be
required to immediately comply with the directions given by the COTP or
Event PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Except for participants in the 2023 Tiki Lee's Shootout on the
River and vessels already at berth, a vessel or person will be required
to get permission from the COTP or Event PATCOM before entering the
regulated area. Vessel operators will be able to request permission to
enter and transit through the regulated area by contacting the Event
PATCOM on VHF-FM channel 16. Vessel traffic will be able to transit the
regulated area once the Event PATCOM deems it safe to do so. A person
or vessel neither registered with the event sponsor as a participant
nor assigned as an official patrol will be considered a spectator. An
official Patrol is any vessel assigned or approved by the Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign. Official Patrols enforcing this regulated area can be
contacted on VHF-FM channel 16 and channel 22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the regulated
area, and in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels will
direct spectators to the designated spectator area. The Coast Guard
will publish a notice in the Fifth Coast Guard District Local Notice to
Mariners and issue a marine information broadcast on VHF-FM marine band
radio announcing specific event dates and times.
The regulatory text appears at the end of this document.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which will impact a small, designated
area of Back River for
[[Page 44696]]
a total of 10 hours during which the area will be subject to
enforcement. This waterway mainly supports recreational vessel traffic,
which at its peak, occurs during the summer season. Although this
regulated area extends across the entire width of the waterway, the
rule allows vessels and persons to seek permission to enter the
regulated area, and vessel traffic will be able to transit the
regulated area as instructed by Event PATCOM. Such vessels must operate
at safe speed that minimizes wake and not loiter within the navigable
channel while within the regulated area. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the status of the regulated area.
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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and the
Coast Guard's Environmental Planning COMDTINST 5090.1 (series), 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 implementation of regulations within 33 CFR part 100
applicable to organized marine events on the navigable waters of the
United States that could negatively impact the safety of waterway users
and shoreside activities in the event area lasting for 10 total
enforcement hours. It is categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0462 to read as follows:
Sec. 100.501T05-0462 2nd Annual Tiki Lee's Shootout on the River,
Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
(2) Course Area. The course area is a polygon in shape measuring
[[Page 44697]]
approximately 1,400 yards in length by 50 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]16'14.98'' N,
longitude 076[deg]26'57.38'' W, thence east to latitude
39[deg]16'15.36'' N, longitude 076[deg]26'55.56'' W, thence south to
latitude 39[deg]15'33.40'' N, longitude 076[deg]26'49.70'' W, thence
west to latitude 39[deg]15'33.17'' N, longitude 076[deg]26'51.60'' W,
thence north to and terminating at the point of origin.
(3) Buffer Area. The buffer area is a polygon in shape measuring
approximately 100 yards in east and west directions and approximately
150 yards in north and south directions surrounding the entire course
area described in the preceding paragraph of this section. The area is
bounded by a line commencing at position latitude 39[deg]16'18.72'' N,
longitude 076[deg]27'01.74'' W, thence east to latitude
39[deg]16'20.36'' N, longitude 076[deg]26'52.39'' W, thence south to
latitude 39[deg]15'29.27'' N, longitude 076[deg]26'45.36'' W, thence
west to latitude 39[deg]15'28.43'' N, longitude 076[deg]26'54.94'' W,
thence north to and terminating at the point of origin.
(4) Spectator Areas--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
(ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
(iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
(b) Definitions. As used in this section:
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2nd Annual Tiki Lee's Shootout on the
River'' event, or otherwise designated by the event sponsor as having a
function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Effective period. This section will be effective from 8 a.m. on
July 15, 2023 to 5 p.m. on July 16, 2023.
(f) Enforcement periods. This section will be subject to
enforcement from 8 a.m. to 6 p.m. on July 15, 2023, and from July 15,
2023, from 8 a.m. to 6 p.m. on July 16, 2023.
Dated: July 6, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-14811 Filed 7-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.081459 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0462-0002/content.htm"
} |
USCG-2023-0463-0001 | Rule | 2023-06-09T04:00:00 | Safety Zone; Laguna Madre, South Padre Island, TX | [Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37764-37766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12418]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0463]
RIN 1625-AA00
Safety Zone; Laguna Madre, South Padre Island, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters in the Laguna Madre. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a firework display launched from a barge
in the Laguna Madre, South Padre Island, Texas. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Corpus Christi or a designated
representative.
DATES: This rule is effective from 9:30 p.m. through 11:59 p.m. from
June 9, 2023 through August 25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0463 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 Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone immediately to protect personnel, vessels,
and the marine environment from potential hazards created by the
fireworks display and lack sufficient time to provide a reasonable
comment period and then to consider those comments before issuing the
rule.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with fireworks launched from a barge in the waters of the Laguna Madre.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks
displays occurring from 9:30 p.m. through 11:59 p.m. ong several dates
from June 9, 2023 through August 25, 2023, will be a safety concern for
anyone within the waters of the Laguna Madre area with a 700 yard
radius from the following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
The purpose of this rule is to ensure safety of vessels and persons on
these navigable waters in the safety zone while the display of the
fireworks takes place in the Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone each night on June 9,
13, 16, 20, 23, 27, 30; July 7, 11, 14, 18, 21, 25, 28 and August 1, 4,
8, 11, 18, 25. The safety zone will encompass certain navigable waters
of the Laguna Madre and is defined by a 700 yard radius around the
launching platform. The regulated area encompasses a 700 yard radius
from the following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W. The
fireworks display will take place in waters of the Laguna Madre. No
vessel or person is permitted to enter the temporary safety zone during
the effective period without obtaining permission from the COTP or a
designated representative, who may be contacted on Channel 16 VHF-FM
(156.8 MHz) or by telephone at 361-
[[Page 37765]]
939-0450. The Coast Guard will issue Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety Marine Information Broadcasts,
as appropriate.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The temporary safety zone
will be enforced for a short period of 2.5 hours, each night on June 9,
13, 16, 20, 23, 27, 30; July 7, 11, 14, 18, 21, 25, 28 and August 1, 4,
8, 11, 18, 25. The zone is limited to a 700 yard radius from the
launching position of in the navigable waters of the Laguna Madre. The
rule does not completely restrict the traffic within a waterway and
allows mariners to request permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, and Environmental Planning, COMDTINST 5090.1
(series), 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 establishment of a temporary safety
zone for navigable waters of the Laguna Madre in a zone defined by a
700-yard radius from the following coordinate: 26[deg]6'02.1'' N,
97[deg]10'17.7'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
fireworks display in the waters of the Laguna Madre. It is
categorically excluded from further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
record of environmental consideration is not necessary, but will be
provided if needed.
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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 37766]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0463 to read as follows:
Sec. 165.T08-0463 Safety Zone; Laguna Madre, South Padre Island, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 700-yard radius from the
following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
(b) Enforcement period. This section is subject to enforcement from
9:30 p.m. through 11:59 p.m. each night, on June 9, 13, 16, 20, 23, 27,
30; July 7, 11, 14, 18, 21, 25, 28 and August 1, 4, 8, 11, 18, 25.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into the temporary safety zone described in
paragraph (a) of this section is prohibited unless authorized by the
Captain of the Port Sector Corpus Christi (COTP) or a designated
representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz)
or by telephone at 361-939-0450.
(2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.
Dated: June 6, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-12418 Filed 6-7-23; 11:15 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.083685 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0463-0001/content.htm"
} |
USCG-2023-0464-0001 | Rule | 2023-07-13T04:00:00 | Special Local Regulation and Safety Zone; Back River, Baltimore County, MD | [Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44698-44700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14816]
[[Page 44698]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2023-0464]
RIN 1625-AA08; AA00
Special Local Regulation and Safety Zone; Back River, Baltimore
County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary regulations for
certain waters of the Back River. This action is necessary to provide
for the safety of life on these navigable waters near Baltimore County,
MD, during a fireworks display on July 15, 2023, (alternate date on
July 16, 2023). This regulation prohibits persons and vessels from
being in the regulated area and safety zone unless authorized by the
Captain of the Port, Maryland-National Capital Region or a designated
representative.
DATES: This rule is effective from 8 to 10:30 p.m. on July 15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0464 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CDR Samuel M. Danus, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2519, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On June 7, 2023, Fantastic Fireworks, on behalf of Tiki Lee's Dock
Bar, notified the Coast Guard that it will be conducting a fireworks
display between 9 and 10 p.m. on July 15, 2023, as a part of the
``Shootout on the River'' event activities. The fireworks are to be
launched from a barge in the Back River located near Tiki Lee's Dock
Bar in Sparrows Point, MD. In the event of inclement weather on July
15, 2023, the fireworks display will be conducted between 9 and 10 p.m.
on July 16, 2023. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port, Maryland-National Capital
Region (COTP) has determined that potential hazards associated with the
fireworks to be used in this display would be a safety concern for
anyone within a 600 foot radius of the barge. The Coast Guard
anticipates a large spectator fleet for these events.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with fireworks debris and
the anticipated large spectator fleet.
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. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because it would delay the safety measures necessary to respond to
potential safety hazards associated with this fireworks event. Hazards
include explosive materials, dangerous projectiles, and falling debris.
The fireworks fall out zone extends across the navigable channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 and 46 U.S.C. 70041. The Captain of the Port, Sector Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the fireworks to be used in the July 15, 2023, display
will be a safety concern for anyone intending to operate within certain
waters of Back River in Baltimore County, MD, in or near the event
area.
IV. Discussion of the Rule
This rule establishes a special local regulation for the area in
the Back River in which spectating vessels will transit and gather. The
regulated area covers all navigable waters of Back River within an area
bounded by a line connecting the following points: From the shoreline
at Lynch Point at latitude 39[deg]14'46'' N, longitude 076[deg]26'23''
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N,
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
In addition to establishing a special local regulation, the COTP is
establishing a temporary safety zone around the fireworks discharge
site, in approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. The safety zone covers all navigable waters within
600 feet of a fireworks barge in the Back River located near Tiki Lee's
Dock Bar in Sparrow's Point, MD. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
duration, and time-of-day of the special local regulation and safety
zone, which would impact a small designated area of the Back River
[[Page 44699]]
for a total of no more than 2.5 enforcement-hours, during the evening
when vessel traffic is normally low. Moreover, the Coast Guard will
issue Local Notices to Mariners and a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zones.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area or safety zone may be small entities, for the reasons
stated in section V.A above, this rule would not have a significant
economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
Government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area, and within 33 CFR part 165
establishing a temporary safety zone that would prohibit entry within
600 feet of a fireworks barge, both lasting a total of 2.5 consecutive
hours. It is categorically excluded from further review under paragraph
L61 and L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 Parts 100 and 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 parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0464 to read as follows:
Sec. 100.501T05-0464 2023 Tiki Lee's Shootout on the River Fireworks,
Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: From the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin.
(2) [Reserved]
(b) Definitions. As used in this section:
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or
[[Page 44700]]
any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2023 Tiki Lee's Shootout on the River
Fireworks'' event, or otherwise designated by the event sponsor as
having a function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 15, 2023.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
4. Add Sec. 165.T05-0464 to read as follows:
Sec. 165.T05-0464 Safety Zone; Back River, Baltimore County, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Back River within 600 feet of the fireworks barge in
approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. These coordinates are based on datum NAD 1983.
(b) Definitions. As used in this section:
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
(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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(3) 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) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced from 8 to
10:30 p.m. on July 15, 2023, and, if necessary due to inclement weather
on July 15, 2023, from 8 to 10:30 p.m. on July 16, 2023.
Dated: July 5, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National
Capital Region.
[FR Doc. 2023-14816 Filed 7-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.084991 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0464-0001/content.htm"
} |
USCG-2023-0465-0001 | Rule | 2023-06-15T04:00:00 | Safety Zone; Upper Mississippi River, Prairie du Chien, WI | [Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39170-39172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12750]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0465]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Prairie du Chien, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Upper Mississippi River between 636-635, east
of Island number one hundred seventy-two. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by high-speed power vessels. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Upper Mississippi River.
DATES: This rule is effective from 7:30 a.m. on June 23, 2023, through
6:30 p.m. on June 25, 2023. The rule is subject to enforcement from
7:30 a.m. through 6:30 p.m. each day it is effective.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0465 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Nathaniel Dibley, Sector Upper Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone 314-269-
2550, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impractical due to the date the event is taking place. It is
impracticable to publish an NPRM because we must establish this safety
zone by June 23, 2023, and lacks sufficient time to provide a
reasonable comment period and to consider those comments before issuing
the rule.
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 and contrary to the public interest
due to the date the event is taking place. Delaying the effective date
of this rule would be impracticable and contrary to public interest
because we must establish the safety zone by June 23, 2023, in order to
protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the high speed power vessel
racecourse event occurring on that date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The
[[Page 39171]]
Captain of the Port Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with Great Lakes
Watercross Race, on June 23, 2023, will be a safety concern for anyone
within the marked area of the racecourse. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the race is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 a.m. through 6:30
p.m. each day on June 23 to June 25, 2023. The safety zone will cover
all navigable waters within the Great Lakes Watercross Race, on the
Upper Mississippi River, between Mile Markers 635 to 636 east of Island
number one hundred seventy-two. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the race is conducted. No vessel or person will
be permitted to transit the safety zone without obtaining permission
from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic areas of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimal impact. In addition, normal marine traffic will
be minimally impacted as race official will be to pass traffic between
races. The navigation channel west of Island number one hundred
seventy-two will not be impacted by the safety zone and will remain
open. The vessels desiring to transit through or around the temporary
safety zone may do so upon express permission from the COTP or the
COTP's designated representative.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 from 7:30 a.m. to 6:30 p.m. that will prohibit
entry between Mile Markers 635-636 east of Island number one hundred
seventy-two. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions
[[Page 39172]]
on locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0439 to read as follows:
Sec. 165.T08-0465 Safety Zone; Upper Mississippi River, Mile Markers
635-636 east of Island number one hundred seventy-two, Prairie du
Chien, WI.
(a) Location. The following area is a safety zone: all navigable
waters within the Upper Mississippi River, Mile Markers 635-636 east of
Island number one hundred seventy-two, Prairie du Chien, WI.
(b) 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. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control o the USCG Sector Upper
Mississippi River.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through USCG 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.
(c) Enforcement period: This safety zone will be subject to
enforcement from 7:30 a.m. through 6:30 p.m. each day from June 23 to
June 25, 2023.
Dated: June 9, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-12750 Filed 6-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.087333 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0465-0001/content.htm"
} |
USCG-2023-0466-0002 | Rule | 2023-09-15T04:00:00 | Safety Zone; Wilmington River, Savannah, GA |
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63527-63529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20004]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0466]
RIN 1625-AA00
Safety Zone; Wilmington River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the Causton Bluff Bridge, on the Wilmington River,
Savannah, GA. This action is necessary to provide for the safety of
life on these navigable waters for the planned demolition and removal
of structural components of the original bridge, in preparation of the
construction of a new span. This rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Savannah or a designated representative.
DATES: This temporary interim rule is effective from 12:01 a.m. on
September 18, 2023, through 11:59 p.m. on November 20, 2023.
ADDRESSES: You may submit comments under docket number USCG-2023-0466
using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Anthony Harris, Shoreside
Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; telephone
912-652-4353 ext. 240, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this temporary interim rule
because doing so would be impracticable. This safety zone must be
established by September 18, 2023, in order to protect vessels and
waterway users from the potential hazards associated with demolition
operations on the Causton Bluff Bridge. We lack sufficient time to
provide a reasonable comment period and then to consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary interim rule effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this temporary interim rule would be contrary to the public's
interest because we must ensure the protection of vessels and waterway
users during the demolition operations.
We are soliciting comments on this rulemaking. If we determine that
changes to this rulemaking action are necessary, the Coast Guard will
consider comments received in a subsequent temporary interim rule or
temporary final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Savannah (COTP) has determined that
potential hazards associated with the demolition operations of the
Causton Bluff Bridge. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the demolition project continues.
IV. Discussion of the Rule
This rule establishes a safety zone from September 18, 2023, until
November 20, 2023. A fixed temporary
[[Page 63528]]
safety zone will be established on the Wilmington River within a 300-
yard radius of position: 32[deg] 3.73' N, 81[deg] 1.78' W in the
vicinity of the Causton Bluff Bridge, Savannah, GA.
Demolition operations will take place Monday through Sunday during
daylight hours. Periodically while the safety zone is implemented, all
vessel traffic will be permitted to transit when deemed safe by the
project site manager. This will commence at 7:00 p.m. on Mondays
concluding at 12:00 p.m. Tuesdays and each subsequent Monday through
Tuesday until project completion, and Thursdays beginning at 12:00 p.m.
and concluding at 7:00 a.m. on Fridays until project completion.
Restricted vessels with a beam of 30 ft or less may transit daily at
the conclusion of the workday starting at 7:00 p.m. with the transit
period ending by 7:00 a.m. the following day.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the
demolition project continues. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The duration of the zone is
intended to ensure the safety of vessels through the duration of the
vessel's inbound and outbound transit and offload. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 several hours daily that would prohibit entry
within 300 yards of the Causton Bluff Bridge. The zone will prohibit
entry while in effect. It is categorically excluded from further review
under paragraph L60(a)of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to
[[Page 63529]]
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or
vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0466 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0466 to read as follows:
Sec. 165. T07-0466 Safety Zone; Wilmington River, Savannah, GA.
(a) Location. All navigable waters, from surface to bottom, of the
Wilmington River within a 300-yard radius of position: 32[deg] 3.73' N,
81[deg] 1.78' W in the vicinity of the Causton Bluff Bridge, Savannah,
GA.
(b) Definitions. As used in this section, 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 Savannah (COTP) 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (912) 247-0073. 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) Enforcement periods. The safety zone in paragraph (a) of this
section is in effect from 12:01 a.m. on September 18, 2023, through
11:59 p.m. on November 20, 2023. This section will be subject to
enforcement periodically during daylight hours as needed by the project
manager to safely remove all remaining bridge structural components.
Mariners will be informed of enforced zone and enforcement periods by
Broadcast Notice to Mariners, Myrick's safety boat on scene during
working hours.
Dated: September 12, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-20004 Filed 9-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.089016 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0466-0002/content.htm"
} |
USCG-2023-0466-0030 | Rule | 2023-10-03T04:00:00 | Safety Zone; Wilmington River, Savannah, GA |
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67950-67953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21730]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0466]
RIN 1625-AA00
Safety Zone; Wilmington River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising a temporary safety zone
encompassing the Causton Bluff Bridge, on the Wilmington River,
Savannah, GA. This action is necessary to provide for the safety of
life on these navigable waters for the planned demolition and removal
of structural components of the original bridge, in preparation of the
construction of a new span. This rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Savannah or a designated representative.
DATES: This temporary interim rule is effective without actual notice
from October 3, 2023 through November 30, 2023. For the purposes of
enforcement, actual notice will be used from October 2, 2023, until
October 3, 2023.
Comments and related material must reach the Coast Guard on or
before October 18, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0466 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Anthony Harris, Office of Waterways Management,
Marine Safety Unit Savannah, U.S. Coast Guard; telephone 912-652-4353
ext. 240, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
ESA Endangered Species Act
FR Federal Register
GA DOT Georgia Department of Transportation
NPRM Notice of proposed rulemaking
TIR Temporary Interim Rule
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On September 15, 2023, the Coast Guard published a temporary
interim rule (TIR) \1\ with requests for comment. The TIR established a
temporary safety zone encompassing the Causton Bluff Bridge, on the
Wilmington River, Savannah, GA. When the rule was published, the Coast
Guard immediately began receiving comments on the safety zone posted on
the docket and emails sent directly to the Coast Guard.\2\ In order to
address the concerns raised by the commenters, the Coast Guard made the
determination not to enforce the original TIR until an updated
enforcement schedule could be published through a new TIR. This new TIR
takes into consideration the 23 comments received thus far and revises
the existing safety zone to provide the public with a schedule that
equitably balances the needs of the Georgia Department of
Transportation (GA DOT) and the waterway users.
---------------------------------------------------------------------------
\1\ 88 FR 63527.
\2\ The emailed comments have been posted to the docket folder.
These comments are accessible at: www.regulations.gov/docket/USCG-2023-0466/comments.
---------------------------------------------------------------------------
The Coast Guard is issuing this TIR without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this TIR because doing so would be impracticable. This
revised safety zone must be established by October 2, 2023, in order to
protect vessels and waterway users from the potential hazards
associated with demolition operations on the Causton Bluff Bridge. We
lack sufficient time to provide a reasonable comment period and then to
consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this TIR effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this TIR would be contrary to the public's interest because we must
ensure the protection of vessels and waterway users during the
demolition operations.
We are soliciting comments on this rulemaking. If we determine that
changes to this rulemaking action are necessary, the Coast Guard will
consider comments received in a subsequent TIR or temporary final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Savannah (COTP) has determined that
potential hazards associated with the demolition operations of the
Causton Bluff Bridge. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the demolition project continues.
IV. Discussion of Comments, Changes and the Rule
As noted above, we received 23 comment submissions on our TIR that
published in the Federal Register on September 15, 2023. The commenters
expressed concerns regarding the timing and duration of the demolition
operations, the restrictions on daylight hour transit for recreational
and commercial vessel traffic and related economic impacts, potential
dangers to recreational vessels in the designated anchorage area during
tropical storms and hurricanes, and the Coast Guard's notification
process. These concerns are discussed below.
Several commenters expressed concerns about the timing of the
demolition project, particularly about scheduling the work during peak
``snowbird'' season, when seasonal recreational boaters transit from
northern states to warmer southern states, and the economic impact on
recreational vessel owners, along with other economic impacts to
shoreside docks and marinas.
The project sponsor and the Coast Guard are unable to further delay
the project, as proposed by the commenters because of restrictions
related to the Federal Endangered Species Act (ESA) \3\ and related
Georgia State regulations. The project location coincides with the
habitat of the Atlantic sturgeon and shortnose sturgeon, which are
protected as an Endangered species by the Federal ESA. The National
Oceanic and Atmospheric Administration (NOAA)
[[Page 67951]]
and Georgia State regulations prevent in-water work, which would be
required for this project, from December 1 through April 30, which is
the combined spawning migration season for the Atlantic sturgeon and
the shortnose sturgeon. Therefore, the bridge project must occur before
that date.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 1531 et seq.
---------------------------------------------------------------------------
Several commenters expressed concerns about restrictions on
daylight hour transit for recreational and commercial vessel traffic
through the safety zone, and where particularly concerned with
congestion and delays transiting the waterway, limits of designated
anchorage areas where vessels may safely wait for vessel traffic to
clear, and challenges of navigating the safety zone at night. The Coast
Guard is taking significant actions to minimize, to the extent
possible, the impact on commercial and recreational waterway use. The
restrictions on vessel traffic through the safety zone is intended to
facilitate the performance of the demolition project, mitigate the
dangers associated with the project, and to protect personnel, vessels,
and the marine environment in these navigable waters while the
demolition project continues. To address this concern, the Coast Guard
has modified the enforcement period to allow three hours a day for
vessels to transit during daylight.
Two commenters inquired about the dangers tropical storms and
hurricanes would pose to the temporary safety zone. The COTP Savannah
has the authority to enact swift and detailed requirements during
tropical storms and hurricanes to safeguard the safety of all vessel
traffic and ensure the safe transit of the waterway.
Several commenters expressed concerns about prior notice. In
section II. Background Information and Regulatory History, the Coast
Guard explains its legal basis for issuing this TIR without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the APA (5 U.S.C. 553(b)). The Coast Guard has the authority to
publish TIRs to address situations like this. At all times we were
acting within the scope of authority and are making the changes here to
address this concern.
Demolition operations will take place Monday through Sunday during
daylight hours. Periodically while the safety zone is implemented, all
vessel traffic will be permitted as reflected in Table 1 below.
Notwithstanding the below table, all commercial traffic, with width
clearances greater than 40 feet will be permitted passage outside the
prescribed windows listed in Table 1 below with prior coordination with
the demolition project contractor.
Table 1
------------------------------------------------------------------------
Open times Width clearance limitations
------------------------------------------------------------------------
10:00 a.m. to 10:30 a.m................... Vessels 40 feet or less.
12:00 p.m. to 2:00 p.m.................... No limitations.
4:30 p.m. to 5:00 p.m..................... Vessels 40 feet or less.
7:00 p.m. to 7:00 a.m..................... No limitations.
------------------------------------------------------------------------
The existing safety zone in 33 CFR 165.T07-0466 is being revised to
include Table 1 in the regulatory text. No further changes are being
made to the safety zone regulations.
The duration of the revised safety zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the demolition project continues. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The duration of the zone is
intended to ensure the safety of vessels through the duration of the
vessel's inbound and outbound transit and offload. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
[[Page 67952]]
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 several hours daily that would prohibit entry
within 300 yards of the Causton Bluff Bridge. The zone will prohibit
entry while in effect. It is categorically excluded from further review
under paragraph L60(a)of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0466 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov. Frequently Asked Questions web
page. Also, if you click on the Dockets tab and then the rule, you
should see a ``Subscribe'' option for email alerts. The option will
notify you when comments are posted, or a final rule is published.
We review all comments received, but we will only post comments
that address the topic of the rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 165.T07-0466 to read as follows:
Sec. 165.T07-0466 Safety Zone; Wilmington River, Savannah, GA.
(a) Location. All navigable waters, from surface to bottom, of the
Wilmington River within a 300-yard radius of position: 32[deg]3.73' N,
81[deg]1.78' W in the vicinity of the Causton Bluff Bridge, Savannah,
GA.
(b) Definitions. As used in this section, 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 Savannah (COTP) 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (912) 247-0073. 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) Enforcement periods. The safety zone in paragraph (a) of this
section is in effect from 12:01 a.m. on October 2, 2023, through 11:59
p.m. on November 30, 2023. This section will be subject to enforcement
periodically during daylight hours as needed by the project manager to
safely remove all remaining bridge structural components. The
approximate enforcement schedule is reflected in Table 1 to Sec.
165.T07-0466. Mariners will be informed of enforced zone and
enforcement periods by Broadcast Notice to Mariners and the presence of
Myrick Marine's safety boat on scene during working hours.
[[Page 67953]]
Table 1 to Sec. 165.T07-0466
------------------------------------------------------------------------
Open times Width clearance limitations
------------------------------------------------------------------------
10:00 a.m. to 10:30 a.m................... Vessels 40 feet or less.
12:00 p.m. to 2:00 p.m.................... No limitations.
4:30 p.m. to 5:00 p.m..................... Vessels 40 feet or less.
7:00 p.m. to 7:00 a.m..................... No limitations.
------------------------------------------------------------------------
Dated: September 27, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-21730 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.091162 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0466-0030/content.htm"
} |
USCG-2023-0467-0001 | Rule | 2023-06-14T04:00:00 | Security Zone, Baltimore Harbor, MD. | [Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Pages 38749-38751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12707]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0467]
RIN 1625-AA87
Security Zone, Baltimore Harbor, MD.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters within Baltimore Northwest Harbor, across the West
channel, in the vicinity of North Locust Point Marine Terminal. The
security zone is needed to protect distinguished guests and attendees
during the commission of the USS CARL M. LEVIN (DDG 120). Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector Maryland-National Capital
Region.
DATES: This rule is effective from 8 a.m. until 1 p.m. on June 24,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0467 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BM1 Michael Klopp, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The U.S. Navy informed the Coast Guard that the Commissioning of
the USS CARL M. LEVIN (DDG 120) will be held on June 24, 2023, in
Baltimore Harbor, MD. The commissioning will be in close proximity to
navigable waterways within the Captain of the Port, Maryland-National
Capital Region's Area of Responsibility, as set forth in 33 CFR 3.25-
15. On May 30, 2023, the U. S. Navy requested that a security zone be
established to be in effect before, during and after the commissioning
ceremony.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
public interest to delay the effective date of this rule. Immediate
action is needed to mitigate potential terrorist acts and to enhance
public and maritime safety and security. The Coast Guard is unable to
publish an NPRM in time to publish a final rule due to the short time
period between May 30, 2023, when the event planners notified the Coast
Guard of the security posture for the event, and June 24, 2023, when
the security zone must be in effect Delaying the effective date to
publish an NPRM would be contrary to the security zone's intended
objectives of mitigating potential terrorist acts and enhancing public
and maritime safety and security. It is therefore impracticable to
publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard also 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 to restrict
vessel traffic is needed to protect life, property and the environment,
and delaying the effective date would frustrate the security zone's
intended objectives of mitigating potential terrorist acts and
enhancing public and maritime safety and security when the event takes
place.
III. Legal Authority and Need for Rule
The Coast Guard may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124. The Captain of the Port, Maryland-
National Capital Region (COTP) has determined that the commissioning of
a U.S. Naval Warship presents a potential target for terrorist attack,
sabotage, or other subversive acts, accidents, or other causes of
similar nature. This rule is needed to protect distinguished guests and
attendants of the commissioning ceremony of the USS CARL M. LEVIN (DDG
120) as well as personnel in and around the commissioning site,
navigable waterways, and waterfront facilities.
IV. Discussion of the Rule
This rule establishes a security zone from 8 a.m. until 1 p.m. on
June 24, 2023. The security zone will cover all navigable waters from
North Locust Point Marine Terminal across West Channel Harbor to the
yacht basin Oasis Marina in Northwest Harbor, MD. The duration of the
zone is intended to protect personnel in and around the commissioning
site, navigable waterways, and waterfront facilities. No vessel or
person will be permitted to enter the security zone without obtaining
permission from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and limited duration of the security zone. This zone impacts
a small, designated area of the Northwest Harbor for 5 hours.
[[Page 38750]]
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
security zone lasting only 5 hours that will prohibit entry within
certain navigable waters of the Patapsco River. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0467 to read as follows:
Sec. 165.T05-0467 Security Zone; Northwest Harbor, Baltimore, MD.
(a) Location. The following area is a security zone: All navigable
waters of Northwest Harbor, encompassed by a line connecting the
following points beginning at 39[deg]16'21.32'' N, 076[deg]35'4.81'' W,
thence to 39[deg]16'33.74'' N, 076[deg]34'54.59'' W, thence to
39[deg]16'26.98'' N, 076[deg]34'43.79'' W, thence to 39[deg]16'26.18''
N, 076[deg]34'40.62'' W, thence to 39[deg]16'11.42'' N,
076[deg]34'46.56'' W, thence to 39[deg]16'10.56'' N, 076[deg]34'50.20''
W, and thence along the shore line back to the beginning point, located
at Baltimore, MD. These coordinates are based on WGS 84.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, 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 Maryland-National Capital Region (COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security 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 by telephone number 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). Those in the security zone must comply
[[Page 38751]]
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, local agencies.
(e) Enforcement period. This section will be enforced from 8 a.m.
until 1 p.m. on June 24, 2023.
Dated: June 8, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2023-12707 Filed 6-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.093620 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0467-0001/content.htm"
} |
USCG-2023-0468-0001 | Rule | 2023-06-13T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone | [Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Page 38406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12624]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0468]
Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone that encompasses
certain navigable waters in Vermilion, OH, for the Festival of the Fish
at the Vermilion Harbor entrance, Lake Erie. This action is necessary
and intended for the safety of life and property on navigable waters
during this event. During the enforcement period, no person or vessel
may enter the respective safety zone without the permission of the
Captain of the Port Buffalo or a designated representative.
DATES: The regulations in 33 CFR 165.939, Table (a)(1) will be enforced
from 9:15 p.m. through 11:15 p.m. on June 16, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Jared Stevens, Waterways
Management Division, U.S. Coast Guard Marine Safety Unit Cleveland;
telephone 216-937-0124, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce Safety Zones;
Annual Events in the Captain of the Port Buffalo Zone, as listed in 33
CFR 165.939, Table 165.939(a)(1) in Vermilion, OH, on all U.S. waters
within a 420 foot radius of the fireworks launch site located at
position 41[deg]25'45'' N and 082[deg]21'54'' W, (NAD 83) for the
Festival of the Fish at the Vermilion Harbor entrance, Lake Erie.
Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within the safety zone during an enforcement period is prohibited
unless authorized by the Captain of the Port Buffalo or a designated
representative. Those seeking permission to enter the safety zone may
request permission from the Captain of Port Buffalo via channel 16,
VHF-FM. Vessels and persons granted permission to enter the safety zone
shall obey the directions of the Captain of the Port Buffalo or his
designated representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
This notice of enforcement is issued under authority of 33 CFR
165.939 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 this enforcement period via
Broadcast Notice to Mariners or Local Notice to Mariners. If the
Captain of the Port Buffalo determines that the safety zone need not be
enforced for the full duration stated in this notice, they may use a
Broadcast Notice to Mariners to grant general permission to enter the
respective safety zone.
Dated: June 5, 2023.
Jeff B. Bybee,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-12624 Filed 6-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.095282 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0468-0001/content.htm"
} |
USCG-2023-0473-0001 | Proposed Rule | 2023-06-16T04:00:00 | Special Local Regulation; Los Angeles Harbor, San Pedro, CA | [Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Proposed Rules]
[Pages 39385-39387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12837]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0473]
RIN 1625-AA08
Special Local Regulation; Los Angeles Harbor, San Pedro, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation in Los Angeles Harbor during the Sail Grand Prix Race
event from July 21, 2023, through July 23, 2023. This proposed
rulemaking is necessary to ensure the safety of race participants,
participant vessels, spectators, and mariners transiting the area from
the dangers associated with high-speed sailing activities during the
event. This proposed regulation will prohibit vessels and persons not
participating in the race event from entering the dedicated race area
unless authorized by the Captain of the Port Sector Los Angeles-Long
Beach or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 26, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0473 using the Federal Decision-
[[Page 39386]]
Making Portal at https://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Maria Wiener,
Waterways Management, U.S. Coast Guard Sector Los Angeles-Long Beach;
telephone (310) 357-1603, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 17, 2023, the F50 League LLC notified the Coast Guard that
it will be holding a sailing race from 2 p.m. to 6 p.m. daily from July
21, 2023, through July 23, 2023. The race will take place between Los
Angeles Berth 46 and Cabrillo Beach in the Los Angeles Harbor within
the San Pedro Breakwater in San Pedro, CA. Due to the high-profile
nature of this event, spectator vessels and support craft will be
present and have the potential to cause vessel congestion in proximity
of the Main Channel. The Captain of the Port Sector Los Angeles-Long
Beach (COTP) has determined that potential hazards associated with the
race and race location would be a safety concern for anyone within the
race box and adjacent navigable waters.
The purpose of this rulemaking is to ensure the safety of
participants, spectators, and the navigable waters within the racing
area of the scheduled event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
July 21, 2023, through July 23, 2023. The special local regulation
would be enforced daily from 2 p.m. to 6 p.m. This special local
regulation would cover a portion of the Los Angeles Harbor designated
as the race box area between Cabrillo Beach and the Los Angeles Harbor
entrance. A transit lane on the northern side of the race box near Los
Angeles Berth 46 will allow for transiting vessel traffic. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 2 to 6 p.m.
sailing race. No vessel or person would be permitted to enter the area
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be able to safely transit around this area via the
northern boundary transit lane, which would impact a small, designated
area of the Los Angeles harbor for less than 4 hours each day during
the afternoon when vessel traffic is normally limited to recreational
vessels. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulation, and the
rule would allow vessels to seek permission to enter the zone.
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 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
area may be small entities, for the reasons stated in section IV. A.
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator. Routes around the sailing race are
present for transiting the area.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person
[[Page 39387]]
listed in the FOR FURTHER INFORMATION CONTACT section.
E. 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves special
local regulation lasting 4 hours that would limit entry to the race box
without authorization from the Captain of the Port or their designated
representatives. Normally such actions are categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0473 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T11-0473 to read as follows:
Sec. 100.T11-0473 Sail Grand Prix Los Angeles 2023, Los Angeles
Harbor, San Pedro, CA.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of San Pedro Harbor, from surface to bottom,
encompassed by a line connecting the following points beginning at
33[deg]42.835' N, 118[deg]16.712' W; thence to 33[deg]42.921' N,
118[deg]16.593' W; thence to 33[deg]42.829' N, 118[deg]16.441' W;
thence to 33[deg]42.925' N, 118[deg]16.357' W; thence to 33[deg]43.077'
N, 118[deg]16.409' W; thence to 33[deg]43.130' N, 118[deg]16.144' W;
thence to 33[deg]42.837' N, 118[deg]15.729' W; thence to 33[deg]42.516'
N, 118[deg]5.103' W; thence to 33[deg]42.245' N, 118[deg]15.929' W;
thence to 33[deg]42.249' N, 118[deg]16.184' W; and back to the
beginning point. These coordinates are based on North American Datum
1983 (NAD 1983).
(b) Definitions. As used in this section--
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 Los Angeles-Long
Beach in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Los Angeles-Long Beach or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM Channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 2 p.m.
to 6 p.m. daily on July 21, 2023, through July 23, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach.
[FR Doc. 2023-12837 Filed 6-15-23; 8:45 am]
BILLING CODE 9110-04-P
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