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USCG-2023-0474-0001 | Rule | 2023-06-27T04:00:00 | Safety Zone; Recurring Events in Captain of the Port Duluth—Duluth Fourth Fest Fireworks | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41507-41508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13657]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0474]
Safety Zone; Recurring Events in Captain of the Port Duluth--
Duluth Fourth Fest Fireworks
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the Duluth
Fourth Fest Fireworks in Duluth, MN from 10 p.m. through 10:30 p.m.
This action is necessary to protect participants and spectators during
the Duluth Fourth Fest Fireworks. During the enforcement period, entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Duluth or their designated
on-scene representative.
DATES: The regulations in 33 CFR 165.943, table 1, paragraph (5) will
be enforced from 10:00 p.m. through 10:30 p.m. on July 4, 2023.
[[Page 41508]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Joe McGinnis, telephone 218-
725-3818, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.943, table 1, paragraph (5) on all waters of Duluth
Harbor bounded by the arc of a circle with a 1,120-foot radius from the
fireworks launch site with its center in position 46[deg]46'14'' N,
092[deg]06'16'' W from 10 p.m. through 10:30 p.m. on July 4, 2023. This
action is necessary to protect participants and spectators during the
Duluth Fourth Fest Fireworks.
Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Duluth or their designated on-scene representative. The
Captain of the Port's designated on-scene representative may be
contacted via VHF Channel 16.
This document is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552(a). In addition to this publication in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of the enforcement of this safety zone via Broadcast
Notice to Mariners. The Captain of the Port Duluth or their on-scene
representative may be contacted via VHF Channel 16.
Dated: June 20, 2023.
J.M. DeWitz,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2023-13657 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.098124 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0474-0001/content.htm"
} |
USCG-2023-0475-0001 | Rule | 2023-06-15T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone | [Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Page 39172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12817]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0475]
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 for the Cape
Vincent French Festival Fireworks to provide for the safety of life on
navigable waterways, including the St. Lawrence River, during this
event. Our regulation for marine events within the Ninth Coast Guard
District identifies the regulated area for this event as the St.
Lawrence River, Cape Vincent, NY. During the enforcement period, the
operator of any vessel in the regulated area must comply with
directions from the Coast Guard Safety Zone Coordinator or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulation in 33 CFR 165.939 will be enforced for the Cape
Vincent French Festival Fireworks listed in item b.15 in the table to
Sec. 165.939 from 9:15 p.m. through 10:30 p.m., on July 8, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email the Marine Event
Coordinator, U.S. Coast Guard MSD Massena; telephone 315-769-5483,
email [email protected].
SUPPLEMENTARY INFORMATION: This Notice of Enforcement is issued under
authority of 33 CFR 165.939 and 5 U.S.C. 552(a). The Coast Guard will
enforce a safety zone in 33 CFR 165.939 for the Cape Vincent French
Festival Fireworks regulated area from 9:15 p.m. through 10:30 p.m. on
July 8, 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 French Festival
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 Coast Guard Safety Zone Coordinator 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: June 7, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-12817 Filed 6-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.099087 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0475-0001/content.htm"
} |
USCG-2023-0477-0001 | Rule | 2023-06-27T04:00:00 | Safety Zone; Recurring Events in Captain of the Port Duluth—City of Superior 4th of July Fireworks | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41506-41507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13658]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0477]
Safety Zone; Recurring Events in Captain of the Port Duluth--City
of Superior 4th of July Fireworks
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the City of
Superior 4th of July Fireworks in Superior, WI from
[[Page 41507]]
10 p.m. through 10:20 p.m. This action is necessary to protect
participants and spectators during the City of Superior 4th of July
Fireworks taking place in Superior Bay. During the enforcement period,
entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or their
designated on-scene representative.
DATES: The regulations in 33 CFR 165.943, table 1, paragraph (8) will
be enforced from 10 p.m. through 10:20 p.m. on July 4, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Joe McGinnis, telephone 218-
725-3818, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.943, table 1, paragraph (8) on all waters of Superior Bay
in Superior, WI bounded by the arc of a circle with a 1,120-foot radius
from the fireworks launch site with its center in position
46[deg]43'28'' N, 092[deg]03'38'' W from 10 p.m. through 10:20 p.m. on
July 04, 2023. This action is necessary to protect participants and
spectators during the City of Superior 4th of July Fireworks.
Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Duluth or their designated on-scene representative. The
Captain of the Port's designated on-scene representative may be
contacted via VHF Channel 16.
This document is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552 (a). In addition to this publication in the Federal
Register, the Coast Guard will provide the maritime community with
advance notification of the enforcement of this safety zone via
Broadcast Notice to Mariners.
Dated: June 20, 2023.
J.M. DeWitz,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2023-13658 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.100088 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0477-0001/content.htm"
} |
USCG-2023-0478-0001 | Rule | 2023-06-29T04:00:00 | Safety Zones; Recurring Events in Captain of the Port Duluth—LaPointe Fireworks | [Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Rules and Regulations]
[Page 42030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13823]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0478]
Safety Zones; Recurring Events in Captain of the Port Duluth--
LaPointe Fireworks
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone for the LaPointe
Fireworks in LaPointe, WI from 9:30 p.m. through 10:30 p.m. This action
is necessary to protect participants and spectators during the LaPointe
Fireworks taking place in the North Channel off LaPointe. During the
enforcement period, entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Duluth or designated on-scene representative.
DATES: The regulations in 33 CFR 165.943(b) will be enforced from 9:30
p.m. through 10:30 p.m. on July 04, 2023, for the LaPointe Fireworks
safety zone, Sec. 165.943 Table 1(6).
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Joe McGinnis, telephone (218) 725-3818,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the annual LaPointe Fireworks in 33 CFR 165.94 Table 1(6) from 9:30
p.m. through 10:30 p.m. on July 04, 2023, on all waters of Lake
Superior bounded by the arc of a circle with a 1,120-foot radius from
the fireworks launch site with its center in position 46[deg]46'40'' N,
090[deg]47'22'' W.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or their
designated on-scene representative. The Captain of the Port's
designated on-scene representative may be contacted via VHF Channel 16.
This document is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552 (a). In addition to this publication in the Federal
Register, the Coast Guard will provide the maritime community with
advance notification of the enforcement of this safety zone via
Broadcast Notice to Mariners.
Dated: June 23, 2023.
J.M. DeWitz,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2023-13823 Filed 6-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.100747 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0478-0001/content.htm"
} |
USCG-2023-0481-0001 | Rule | 2023-06-12T04:00:00 | Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX | [Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Rules and Regulations]
[Pages 37992-37994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12451]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0481]
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 two 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 June 12, 2023
until June 16, 2023. For the purposes of enforcement, actual notice
will be used from June 7, 2023, until June 12, 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. The Coast Guard
must establish these security zones by June 7, 2023 to ensure security
of these vessels and lacks 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 may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124. The Captain of the Port Sector Corpus
Christi (COTP) has determined that potential hazards associated with
the transit of the Motor Vessel (M/V) COOL DISCOVERER and M/V CELSIUS
CHARLOTTE, 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 of 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
[[Page 37993]]
transiting within Corpus Christi, TX, from June 7, 2023 through June
16, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing two 500-yard radius temporary
moving security zones around M/V COOL DISCOVERER and M/V CELSIUS
CHARLOTTE. The vessel names will be clearly marked on the port,
starboard, and stern. The zones for the vessels will be enforced from
June 7, 2023, through June 16, 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, who will be on scene to
enforce the security zone. 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 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,
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 seven 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 COOL DISCOVERER
[[Page 37994]]
and M/V CELSIUS CHARLOTTE 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 COOL DISCOVERER and M/V CELSIUS
CHARLOTTE 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.T08-0481 to read as follows:
Sec. 165.T08-0481 Security Zones; Corpus Christi Ship Channel. Corpus
Christi, TX.
(a) Location. The following areas are moving security zones: All
navigable waters encompassing a 500-yard radius around the M/V COOL
DISCOVERER and M/V CELSIUS CHARLOTTE while the vessels are in the
Corpus Christi Ship Channel and La Quinta Channel.
(b) Enforcement period. This section will be enforced from June 7,
2023, through June 16, 2023.
(c) Regulations. (1) The general regulations in Sec. 165.33 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: June 6, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-12451 Filed 6-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.101439 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0481-0001/content.htm"
} |
USCG-2023-0482-0001 | Rule | 2023-06-28T04:00:00 | Safety Zone; Northern California and Lake Tahoe Area Annual Fireworks Events | [Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Rules and Regulations]
[Pages 41824-41826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13714]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0482]
Safety Zone; Northern California and Lake Tahoe Area Annual
Fireworks Events
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce numerous safety zones within the
San Francisco Captain of the Port area of responsibility during the
dates and times specified below. This action is necessary to protect
personnel, vessels, and the marine environment from the hazards
associated with the fireworks displays. During the enforcement period,
unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the regulated areas, unless
authorized by the Patrol Commander (PATCOM) or an Official Patrol
including any 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
locations identified in Items 3, 4, 7, 9, 10, 11, 12, 14, 16, 18, and
31 of Table 1 to Sec. 165.1191 during the dates and times identified
in the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Petty Officer First Class
Shannon Curtaz-Milian, Waterways Management, U.S. Coast Guard Sector
San Francisco; telephone (415) 399-7440, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones established in 33 CFR 165.1191, Table 1, Item numbers 3, 4, 7, 9,
10, 11, 12, 14, 16, 18, and 31 during the dates, times, and locations
indicated in the table below. The dates, times, and locations will also
be published in the Local Notice to Mariners at least 10 days prior to
the date of each event.
[[Page 41825]]
------------------------------------------------------------------------
------------------------------------------------------------------------
3. Fourth of July Fireworks, City of Eureka
------------------------------------------------------------------------
Sponsor........................... City of Eureka, CA.
Event Description................. Fireworks Display.
Date.............................. July 3, 2023 and July 4, 2023.
Time.............................. From 8 a.m. on July 3, 2023 to 9:45
p.m. on July 4, 2023, the barge
will load, transit, and stage at
the display location. From 9:45
p.m. until approximately 10:55 p.m.
on July 4, 2023, the safety zone
will encompass all navigable waters
within a 1,000-foot radius of the
fireworks barge.
Location.......................... Humboldt Bay, CA.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1,000-foot radius
upon commencement of the fireworks
display.
------------------------------------------------------------------------
4. Fourth of July Fireworks, Crescent City
------------------------------------------------------------------------
Sponsor........................... Crescent City, CA.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
Time.............................. From 9:30 p.m. until approximately
10:20 p.m. on July 4, 2023.
Location.......................... Crescent City Harbor, Crescent City,
CA.
Regulated Area.................... Crescent City Harbor in the
navigable waters within a 700-foot
radius of the launch platform
located on the West Jetty.
------------------------------------------------------------------------
7. San Francisco Independence Day Fireworks
------------------------------------------------------------------------
Sponsor........................... The City of San Francisco.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
Time.............................. From 10 a.m. on July 2, 2023, to
9:25 p.m. on July 4, 2023 the
barges will load, transit, and
stage at the display location. From
9:25 p.m. until approximately 10:30
p.m. on July 4, 2023, the safety
zone will encompass all navigable
waters within a 1000-foot radius of
the fireworks barges.
Location 1........................ A barge located approximately 1,000
feet off San Francisco Pier 39.
Location 2........................ A barge located approximately 700
feet off the San Francisco
Municipal Pier at Aquatic Park.
Regulated Area.................... 100-foot radius around each
fireworks barge during the loading,
transit, setup, and until the
commencement of the scheduled
display. Increases to a 1,000-foot
radius upon commencement of the
fireworks display.
------------------------------------------------------------------------
9. Fourth of July Fireworks, City of Richmond
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. July 3, 2023.
Location.......................... A barge located in the Richmond
Harbor in Richmond, CA.
Time.............................. From 9 a.m. on July 3, 2023 to 9:15
p.m. on July 3, 2023, the barge
will load, transit, and stage at
the display location. From 9:15
p.m. until approximately 10 p.m. on
July 3, 2023, the safety zone will
encompass all navigable waters
within a 560-foot radius of the
fireworks barge.
Regulated Area.................... 100-foot radius around the fireworks
barge during the loading, transit,
setup, and until the commencement
of the scheduled display. Increases
to a 560-foot radius upon
commencement of the fireworks
display.
------------------------------------------------------------------------
10. Fourth of July Fireworks, City of Sausalito
------------------------------------------------------------------------
Sponsor........................... City of Sausalito.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
Time.............................. From 9 a.m. on July 4, 2023 to 9:15
p.m. on July 4, 2023, the barge
will load, transit, and stage at
the display location. From 9:15
p.m. until approximately 10:20 p.m.
on July 4, 2023, the safety zone
will encompass all navigable waters
within a 1,000-foot radius of the
fireworks barge.
Location.......................... 1,000 feet offshore from Sausalito,
CA waterfront, north of Spinnaker
Restaurant.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1,000-foot radius
upon commencement of the fireworks
display.
------------------------------------------------------------------------
11. Fourth of July Fireworks, City of Martinez
------------------------------------------------------------------------
Sponsor........................... City of Martinez.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
Time.............................. From 9:30 p.m. until approximately
9:50 p.m. on July 4, 2023.
Location.......................... Carquinez Strait, CA.
Regulated Area.................... The area of navigable waters within
a 560-foot radius of the launch
platform located near Waterfront
Park.
------------------------------------------------------------------------
12. Fourth of July Fireworks, City of Antioch
------------------------------------------------------------------------
Sponsor........................... City of Antioch.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
[[Page 41826]]
Time.............................. From 9 a.m. to 8:45 p.m. on July 4,
2023, the barge will load, transit,
and stage at the display location.
From 8:45 p.m. until approximately
9:50 p.m. on July 4, 2023, the
safety zone will encompass all
navigable waters within a 1,000-
foot radius of the fireworks barge.
Location.......................... San Joaquin River, CA.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1,000-foot radius
upon commencement of the moving
fireworks display.
------------------------------------------------------------------------
14. Delta Independence Day Celebration Fireworks
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. July 3, 2023.
Time.............................. From 8 a.m. on July 3, 2023 until
9:15 p.m. on July 3, 2023, the
barge will load, transit, and stage
at the display location. From 9:15
p.m. until approximately 10 p.m. on
July 3, 2023, the safety zone will
encompass all navigable waters
within a 1,000-foot radius of the
fireworks barge.
Location.......................... San Joaquin River, near Mandeville
Island, CA.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1,000-foot radius
upon commencement of the fireworks
display.
------------------------------------------------------------------------
16. Fourth of July Fireworks, Glenbrook NV
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
Time.............................. From 9 a.m. to 9:15 p.m. on July 4,
2023, the barge will load, transit,
and stage at the display location.
From 9:15 p.m. until approximately
10:20 p.m. on July 4, 2023, the
safety zone will encompass all
navigable waters within a 1,000-
foot radius of the fireworks barge.
Location.......................... Offshore Glenbrook Beach, NV.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1,000-foot radius
upon commencement of the fireworks
display.
------------------------------------------------------------------------
18. Lights on the Lake Fourth of July Fireworks, South Lake Tahoe, CA
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. July 1, 2023 through July 4, 2023.
Time.............................. From 7 a.m. on July 1, 2023 till
9:30 p.m. on July 4, 2023, the
barges will load, transit, and
stage at the display location. From
9:30 p.m. until approximately 10:30
p.m. on July 4, 2023, the safety
zone will encompass all navigable
waters within a 1,000-foot radius
of the fireworks barges.
Location.......................... Off South Lake Tahoe, CA near the NV
Border.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1,000-foot radius
upon commencement of the fireworks
display.
------------------------------------------------------------------------
31. Benicia Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor........................... City of Benicia, CA.
Event Description................. Fireworks Display.
Date.............................. July 4, 2023.
Time.............................. From 9:30 p.m. until approximately
9:50 p.m. on July 4, 2023.
Location.......................... Carquinez Strait, Benicia, CA.
Regulated Area.................... 1,000-foot radius around the
fireworks launch site located on
the Benicia First Street Pier.
------------------------------------------------------------------------
Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from anchoring, blocking, loitering, or impeding
the through transit of participants or official patrol vessels 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
periods, if you are the operator of a vessel in one of the safety
zones, you must comply 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 notice 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 may be used to grant general permission to
enter the regulated area.
Dated: June 21, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2023-13714 Filed 6-27-23; 8:45 am]
BILLING CODE P
| uscg | 2024-06-07T20:51:06.103241 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0482-0001/content.htm"
} |
USCG-2023-0483-0001 | Rule | 2023-06-29T04:00:00 | Safety Zone; Redwood City Fourth of July Fireworks; Redwood Creek, Redwood City, CA | [Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Rules and Regulations]
[Pages 42028-42030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13825]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0483]
RIN 1625-AA00
Safety Zone; Redwood City Fourth of July Fireworks; Redwood
Creek, Redwood City, 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 Redwood Creek in Redwood City, CA in support of
a fireworks display on July 4, 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 9 a.m. July 3, 2023, until 10:20
p.m. 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-
2023-0483 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 First Class Shannon Curtaz-Milian, U.S.
Coast Guard, Sector San Francisco, at 415-399-7440,
[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 June 12, 2023. It is
impracticable to go through the full notice and comment rule making
process because the Coast Guard must establish this safety zone by July
3, 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 public interest
because action is necessary to protect personnel, vessels, and the
marine environment from the potential safety hazards associated with
the fireworks display on Redwood Creek in Redwood City, CA on July 4,
2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
Redwood City Fourth of July Fireworks will be a safety concern for
anyone within a 100-foot radius of the fireworks vessel during loading
and staging on July 3, 2023, and anyone within a 850-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 on July 4, 2023. 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 9 a.m. on July
3, 2023, until 10:20 p.m. on July 4, 2023, during the loading, staging,
and transit of the fireworks vessel in San Francisco Bay from Pier 50
to Redwood Creek, Redwood City, 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 9 a.m.
on July 3, 2023, until 9 p.m. on July 4, 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 connection of all points
100 feet out from the fireworks vessel. The fireworks display is
scheduled to start from 9:30 p.m. and end at approximately 9:50 p.m. on
July 4, 2023, on Redwood Creek in Redwood City, CA.
The fireworks vessel will remain at Pier 50 until the start of its
transit to the display location. Movement of the vessel from Pier 50 to
the display location is scheduled to take place from 3 p.m. to 7 p.m.
on July 4, 2023, where it will remain until the conclusion of the
fireworks display.
At 9 p.m. on July 4, 2023, 30 minutes prior to the commencement of
the 20-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 all
connecting points 850 feet from the circle center at approximate
position 37[deg]30'28.48'' N, 122[deg]12'51.53'' W (NAD 83). The safety
zone will terminate at 10:20 p.m. on July 4, 2023, or as announced via
Broadcast Notice to Mariners.
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 the 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 Captain of the
Port San Francisco (COTP) in the enforcement of the safety zone. This
regulation is necessary to ensure the
[[Page 42029]]
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, 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 near Pier 50 in San
Francisco Bay and on Redwood Creek in Redwood City. 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.T11-132 to read as follows:
[[Page 42030]]
Sec. 165.T11-132 Safety Zone; Redwood City Fourth of July Fireworks;
Redwood Creek, Redwood City, CA.
(a) Location. The following area is a safety zone: all navigable
waters of 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 Pier 50 in San Francisco, CA as well as
transit and arrival to Redwood Creek, Redwood City, CA. Between 9 p.m.
and 10:20 p.m. on July 4, 2023, the safety zone will expand to all
navigable waters, from surface to bottom, within a circle formed by
connecting all points 850 feet out from the fireworks vessel in
approximate position 37[deg]30'28.48'' N 122[deg]12'51.53'' W (NAD 83)
or as announced via Broadcast Notice to Mariners.
(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 San Francisco (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) 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
or operate 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 9 a.m.
on July 3, 2023, until 10:20 p.m. on July 4, 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: June 21, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2023-13825 Filed 6-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.105259 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0483-0001/content.htm"
} |
USCG-2023-0485-0002 | Proposed Rule | 2023-12-28T05:00:00 | Establish Anchorage Ground; Rice Island Anchorage, Columbia River, Oregon and Washington |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89646-89648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28656]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[USCG-2023-0485]
RIN 1625-AA01
Establish Anchorage Ground; Rice Island Anchorage, Columbia
River, Oregon and Washington
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is considering establishing an anchorage
ground near Rice Island, Oregon in the Columbia River. We are
considering this action after receiving requests suggesting that this
anchorage ground is necessary to provide for the safe anchoring of
commercial vessels in the navigable waters of the Lower Columbia River.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 26, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0485 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 Carlie Gilligan, Sector Columbia
River Waterways Management Division, U.S. Coast Guard, 503-240-9319,
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
Under Title 33 of the Code of Federal Regulations (CFR) 109.05,
U.S. Coast Guard District Commanders are delegated the authority to
establish anchorage grounds by the Commandant of the U.S. Coast Guard.
The Coast Guard establishes anchorage grounds under Section 7 of the
Act of March 4, 1915, as amended (38 Stat. 1053; 46 U.S.C. 70006) and
places these regulations in Title 33 CFR part 110, subpart B. The Coast
Guard is proposing the rulemaking to establish a Rice Island anchorage
ground in the Columbia River.
In the last several years, the Columbia River Marine Transportation
System has seen an increase in commercial traffic and vessel size, thus
creating a concern for anchorage capacity within the river system. The
Columbia River Steamship Operators Association and the Columbia River
Pilots have formally requested the Coast Guard review and evaluate the
establishment of this new anchorage ground to address the safety and
navigation concerns with the expanding vessel traffic in the Lower
Columbia River.
The purpose of this rulemaking is to establish a Federal anchorage
ground in the Lower Columbia River that will be maintained and used by
commercial vessels. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish a new anchorage ground in
the vicinity of Rice Island, in the Lower Columbia River. The
anticipated users of the proposed anchorage ground are commercial
vessels and their attending tug, tow, or push boats. The approximate
depth of this proposed anchorage ground would be 43 feet to align with
the federal channel depth and would accommodate a variety of vessel
types and configurations. An illustration showing the location of the
[[Page 89647]]
proposed anchorage ground is available in the docket.
When the Columbia River Federal channel was deepened in 2010, the
size and draft of commercial vessels was increased, but the anchorage
capacity within the river system was not. The vessels transiting in the
Columbia River system now are longer and have a deeper draft than
before the channel was deepened. Having larger vessels and increased
transit frequency causes concern for safe navigation and emergency
situations with limited anchorage capacity. The proposed Rice Island
anchorage ground would double the anchorage capacity in Astoria, OR,
for larger vessels, and allow the pilots to spread out distances
between ships during storms or high wind events. The increased
anchorage capacity in the Columbia River would also alleviate concern
for anchorage availability for vessels experiencing emergencies or
needing a harbor of safe refuge. 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.
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 location and
size of the proposed anchorage ground, as well as the vessel traffic
and anchoring data provided by the Coast Guard Navigation Center. The
regulation would ensure approximately 1.745 square miles of anchorage
grounds are designated to provide necessary commercial deep draft
anchorages and enhance the navigational safety of commercial vessels
transiting to, from, and within the Columbia River. The impact on
routine navigation is expected to be minimal because the proposed
anchorage ground is located outside the federal channel and is
consistent with current anchorage habits. When not occupied, vessels
would be able to maneuver in, around, and through the anchorages.
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 use the
anchorage ground may be small entities, for 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
establishing an anchorage ground, Rice Island Anchorage, in an area
traditionally used by commercial ships for anchoring in the Lower
Columbia River system; and increasing the anchorage capacity of the
river system. Normally such actions are categorically excluded from
further review under paragraph L59(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,
[[Page 89648]]
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.
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-2023-0485 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 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision
No. 01.3.
0
2. Add Sec. 110.228 (a)(12) to subpart B to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(12) Rice Island Anchorage. All waters in the vicinity of Rice
Island, Oregon, bound by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
46[deg]13'15.60''................................... 123[deg]46'28.20''
46[deg]13'37.20''................................... 123[deg]45'22.20''
46[deg]14'42.00''................................... 123[deg]43'12.00''
46[deg]14'52.80''................................... 123[deg]42'12.00''
46[deg]14'42.60''................................... 123[deg]42'00.00''
46[deg]13'47.40''................................... 123[deg]43'48.60''
46[deg]13'36.60''................................... 123[deg]44'15.60''
46[deg]13'07.20''................................... 123[deg]45'58.20''
46[deg]13'00.60''................................... 123[deg]46'16.80''
------------------------------------------------------------------------
Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2023-28656 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.107095 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0485-0002/content.htm"
} |
USCG-2023-0487-0002 | Rule | 2023-09-14T04:00:00 | Special Local Regulation; Marine Events Within the Eleventh Coast Guard District—Swim for Special Operations Forces |
[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Page 63018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19869]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0487]
Special Local Regulation; Marine Events Within the Eleventh Coast
Guard District--Swim for Special Operations Forces
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulation on
the waters of San Diego Bay, CA, during the Swim for Special Operations
Forces on September 16, 2023. This special local regulation is
necessary to provide for the safety of the participants, crew, sponsor
vessels of the event, 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 100.1101 for the location described in
Item 16 in table 1 to Sec. 100.1101, will be enforced from 7:30 a.m.
until Noon on September 16, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Junior Grade
Shelley Turner, 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 100.1101 for the location identified in
Item No. 16 in table 1 to Sec. 100.1101, from 7:30 a.m. until Noon on
September 16, 2023, for the Swim for Special Operations Forces in San
Diego Bay, CA. This action is being taken to provide for the safety of
life on the navigable waterways during the event. Our regulation for
recurring marine events in the San Diego Captain of the Port Zone,
Sec. 100.1101, Item No. 16 in table 1 to Sec. 100.1101, specifies the
location of the regulated area for the Swim for Special Operations
Forces, which encompasses portions of San Diego Bay. Under the
provisions of Sec. 100.1101, 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 marine
information broadcasts.
Dated: September 8, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-19869 Filed 9-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.109131 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0487-0002/content.htm"
} |
USCG-2023-0490-0001 | Proposed Rule | 2023-07-24T04:00:00 | Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan, Wisconsin | [Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47407-47409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15593]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0490]
RIN 1625-AA00
Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan,
Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a two temporary
safety zones for certain navigable waters in and around Sheboygan
Harbor in Sheboygan, WI. The safety zones are needed to protect
personnel, vessels, and the marine environment from potential hazards
association from the Mercury Powerboat Race event. This proposed
rulemaking would prohibit entry of vessels or persons into these zones
unless specifically 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 the abridged comment period of 15 days beginning on
July 21, 2023 and ending on August 4, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0490 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 Sector Lake Michigan Waterways
Management Division, U.S. Coast Guard; telephone 414-747-7136, 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 8, 2023, Powerboat P1 USA notified the Coast Guard that
was planning on hosting the Mercury Racing Midwest Challenge in
Sheboygan, WI from August 11 to August 13, 2023. The race event will
take place in two locations in and near the Sheboygan Harbor. The
Captain of the Port Sector Lake Michigan (COTP) has determined that
potential hazards associated with the boat races would be a safety
concern for anyone within the two designated race areas.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within and near the two race areas 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 two safety zones from 8 a.m. on
August 11 to 6:30 p.m. on August 13, 2023. One of the safety zones
would be located off shore of Sheboygan, WI and would cover all
navigable waters within the offshore course located within the
following coordinates: NW corner 43[deg]44'54.32'' N, 87[deg]42'5.77''
W, NE corner 43[deg]44'54.10'' N, 87[deg]41'3.21'' W, SW corner
43[deg]42'27.10'' N, 87[deg]42'10.11'' W, SE corner 43[deg]42'26.73''
N, 87[deg]40'54.66'' W. The other safety zone would be located in a
triangular area within Sheboygan Harbor and would cover all navigable
waters within the following coordinates: 43[deg]44'56.76'' N,
87[deg]41'05.60'' W, 43[deg]45'07.29'' N, 87[deg]41'51.07'' W,
43[deg]44'57.24'' N, 87[deg]42'05.24'' W. The duration of the zones is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the race events. Entry into, transiting,
or anchoring within the safety zone is prohibited unless authorized by
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, and duration of the safety zones. The safety zones created by
this proposed rule will impact a small part of the waterway and is
designed to minimize its impact on navigable waters. This proposed rule
will prohibit entry into certain navigable waters of Lake Michigan and
Sheboygan Harbor near in Sheboygan, WI and it is not anticipated to
exceed 3 days in duration. Moreover, under certain conditions vessels
may still transit through the safety zone when permitted by the COTP
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 zones 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
[[Page 47408]]
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 1 of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves two safety
zones lasting for 3 days that prohibit entry within the designated race
areas. 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-2023-0490 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 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.T09-0490 to read as follows:
Sec. 165.T09-0490 Safety Zone; Mercury Powerboat Race; Sheboygan
Harbor, Sheboygan, Wisconsin
(a) Location. All navigable waters within the offshore course
located within the following coordinates: NW corner 43[deg]44'54.32''
N, 87[deg]42'5.77'' W, NE corner 43[deg]44'54.10'' N, 87[deg]41'3.21''
[[Page 47409]]
W, SW corner 43[deg]42'27.10'' N, 87[deg]42'10.11'' W, SE corner
43[deg]42'26.73'' N, 87[deg]40'54.66'' W, and all navigable waters
located in a triangular area within Sheboygan Harbor within the
following coordinates: 43[deg]44'56.76'' N, 87[deg]41'05.60'' W,
43[deg]45'07.29'' N, 87[deg]41'51.07'' W, 43[deg]44'57.24'' N,
87[deg]42'05.24'' W.
(b) Enforcement Period. 8 a.m. on August 11 to 6:30 p.m. on August
13, 2023.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23,
entry, transiting, or anchoring within this safety zones are prohibited
unless authorized by the Captain of the Port Lake Michigan (COTP) or a
designated representative.
(2) This safety zones are 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 zones 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 zones must comply
with all directions given to them by the COTP or an on-scene
representative.
Dated: July 18, 2023.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2023-15593 Filed 7-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.109846 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0490-0001/content.htm"
} |
USCG-2023-0490-0003 | Rule | 2023-07-31T04:00:00 | Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan, Wisconsin | [Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49292-49294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16165]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0490]
RIN 1625-AA00
Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan,
Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones in
Lake Michigan for certain navigable waters in and around Sheboygan
Harbor in Sheboygan, WI. The safety zones are needed to protect
personnel, vessels, and the marine environment from potential hazards
association from the Mercury Powerboat Race event. This rule will
prohibit persons and vessels from entering the safety zones unless
authorized by the Captain of the Port Lake Michigan or a designated
representative.
DATES: This rule is effective from 8 a.m. on August 11 to 6:30 p.m. on
August 13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0490 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 Sector Lake Michigan Waterways
Management Division, U.S. Coast Guard; telephone 414-747-7136, 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
COTP Caption of the Port
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 insufficient time remains
before the event to publish an NPRM and receive public comments 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 of
this rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
personnel, vessels, and the marine environment in these navigable
waters during the race events.
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 Lake Michigan has
determined a safety zone is needed to protect the public from potential
hazards association from the Mercury Powerboat Race event.
IV. Discussion of the Rule
The COTP is establishing two safety zones from 8:00 a.m. on August
11 to 6:30 p.m. on August 13, 2023. One of the safety zones will be
located offshore of Sheboygan, WI and will cover all navigable waters
within the offshore course located within the following coordinates: NW
corner 43[deg]44'54.32'' N 87[deg]42'5.77'' W, NE corner
43[deg]44'54.10'' N 87[deg]41'3.21'' W, SW corner, 43[deg]42'27.10'' N
87[deg]42'10.11'' W, SE corner 43[deg]42'26.73'' N 87[deg]40'54.66'' W.
The other safety zone will be in a triangular area within Sheboygan
Harbor and will cover all navigable waters within the following
coordinates: 43[deg]44'56.76'' N 87[deg]41'05.60'' W, 43[deg]45'07.29''
N 87[deg]41'51.07'' W, 43[deg]44'57.24'' N 87[deg]42'05.24'' W. The
duration of the zones is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the race
events. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by 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 the need to ensure
the safety of public during the powerboat race event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 49293]]
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
establishment of a temporary safety zone 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. It is
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
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.T09-0490 to read as follows:
Sec. 165.T09-0490 Safety Zone; Mercury Powerboat Race; Sheboygan
Harbor, Sheboygan, Wisconsin
(a) Location. All navigable waters within the offshore course
located within the following coordinates: NW corner 43[deg]44'54.32'' N
87[deg]42'5.77'' W, NE corner 43[deg]44'54.10'' N 87[deg]41'3.21'' W,
SW corner, 43[deg]42'27.10'' N 87[deg]42'10.11'' W, SE corner
43[deg]42'26.73'' N 87[deg]40'54.66'' W, and all navigable waters
located in a triangular area within Sheboygan Harbor within the
following coordinates: 43[deg]44'56.76'', N 87[deg]41'05.60'' W,
43[deg]45'07.29'' N 87[deg]41'51.07'' W, 43[deg]44'57.24'' N
87[deg]42'05.24'' W.
(b) Enforcement Period. 8 a.m. on August 11 to 6:30 p.m. on August
13, 2023
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23,
entry, transiting, or anchoring within this safety zones are prohibited
unless authorized by the Captain of the Port Lake Michigan (COTP) or a
designated representative.
(2) These safety zones are 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 zones 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 zones must comply
[[Page 49294]]
with all directions given to them by the COTP or an on-scene
representative.
Dated: July 25, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2023-16165 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.111496 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0490-0003/content.htm"
} |
USCG-2023-0491-0001 | Rule | 2023-06-27T04:00:00 | Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41502-41504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13586]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0491]
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 two temporary, 500-yard
radius, moving security zones around the Motor Vessel (M/V) ARC
DEFENDER and M/V OCEAN JAZZ. These zones are needed to protect the
vessels, which will be carrying military cargo onboard, while they are
transiting the Corpus Christi Ship Channel, in Corpus Christi, TX.
Entry of vessels or persons into the zones are prohibited unless
specifically authorized by the Captain of the Port Sector Corpus
Christi (COTP) or a designated representative.
DATES: This rule is effective without actual notice from June 27, 2023,
through July 19, 2023. For the purposes of enforcement, actual notice
will be used from June 21, 2023 through July 19, 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 this security zone by June 21, 2023 to ensure security of the
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 provide for the security of the vessel and cargo.
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 Sector Corpus
Christi (COTP) has determined that potential hazards associated with
the transit of the M/V ARC DEFENDER and M/V OCEAN JAZZ when loaded with
military cargo will be a security concern within a 500-yard radius of
the vessel. This rule is needed to provide for the safety and security
of the vessels, their cargo, and surrounding waterway from terrorist
acts, sabotage or other subversive acts, accidents, or other events of
a similar nature from June 21, 2023 through July 19, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing two 500-yard radius temporary
security zones around M/V ARC DEFENDER and M/V OCEAN JAZZ. The vessel
names will be clearly marked on the port, starboard, and stern. The
zone for the vessel will be enforced from the time the vessel transits
the Corpus Christi Ship Channel between June 21, 2023 and July 19,
2023. The duration of the zone is intended to protect the vessel and
military cargo on board while the vessel is in transit. No vessel or
person will be permitted to enter the security zone 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 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 zone. This rule will impact a
small designated area of the Corpus Christi Ship Channel during the
vessel's transits while loaded with cargo over a thirty-day period.
Moreover, the Coast Guard will issue BNMs via VHF-FM marine channel 16
about the zones as appropriate and 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
[[Page 41503]]
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 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 a security zone lasting for the
duration of time that the M/V ARC DEFENDER and M/V OCEAN JAZZ are
within the Corpus Christi Ship Channel. It will prohibit entry within a
500 yard radius of the M/V ARC DEFENDER and M/V OCEAN JAZZ while the
vessel is carrying military cargo onboard and transiting within the
Corpus Christi Ship Channel. It is categorically excluded from further
review under L60(a) 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.T08-0491 to read as follows:
Sec. 165.T08-0491 Security Zones; Corpus Christi Ship Channel. Corpus
Christi, TX.
(a) Location. The following area are security zones: All navigable
waters encompassing a 500-yard radius around the M/V ARC DEFENDER and
M/V OCEAN JAZZ while the vessel is carrying military cargo onboard and
in the Corpus Christi Ship Channel.
(b) Enforcement period. This section will be enforced from June 21,
2023 through July 19, 2023.
(c) Regulations. (1) The general regulations in Sec. 165.33 of
this part 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
[[Page 41504]]
Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate of the enforcement times and dates for these
security zones.
Dated: June 16, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-13586 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.112351 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0491-0001/content.htm"
} |
USCG-2023-0492-0001 | Rule | 2023-06-16T04:00:00 | Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above Head of Passes, New Orleans, LA—Essence Festival Fireworks Display | [Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Page 39360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12860]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0492]
Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above
Head of Passes, New Orleans, LA--Essence Festival Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the Essence
Festival fireworks display located on the navigable waters of the Lower
Mississippi River between mile marker (MM) 94.5 and MM 95.5. Our
regulation for Safety Zones; Lower Mississippi River, mile markers 94
to 97 above Head of Passes, New Orleans, LA, in 33 CFR 165.845,
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 periods, as reflected in Sec.
165.845(c), 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 165.845 will be enforced from 9:30
p.m. until 10:30 p.m. on July 1, 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 safety zone
in 33 CFR 165.845 for the Essence Festival fireworks display event.
This safety zone will be enforced from 9:30 p.m. through 10:30 p.m. on
July 1, 2023. This action is being taken to provide for the safety of
life on these navigable waterways during this event. Our regulation for
Safety Zones; Lower Mississippi River, mile markers 94 to 97 above Head
of Passes, New Orleans, LA, in 33 CFR 165.845(a), specifies the
location of the regulated area on the Lower Mississippi River, between
MM 94.5 and MM 95.5. During the enforcement period, as reflected in
Sec. 165.845(c), 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 12, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-12860 Filed 6-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.113652 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0492-0001/content.htm"
} |
USCG-2023-0493-0001 | Rule | 2023-06-28T04:00:00 | Special Local Regulation; Dutch Shoe Regatta; San Diego, CA | [Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Rules and Regulations]
[Page 41820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13755]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0493]
Special Local Regulation; Dutch Shoe Regatta; San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Dutch Shoe Regatta special
local regulation on the waters of San Diego Bay, California on July 21,
2023. These special local regulations are necessary to provide for the
safety of the participants, crew, spectators, sponsor vessels, and
general users of the waterway. During the enforcement period, persons
and vessels are prohibited from anchoring, blocking, loitering, or
impeding within this regulated area unless authorized by the Captain of
the Port, or his designated representative.
DATES: The regulations in 33 CFR 100.1101 will be enforced for the
Dutch Shoe Regatta regulated area listed in item 4 in Table 1 to Sec.
100.1101 from noon to 4:30 p.m. on July 21, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Kim Shera, 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 100.1101 for the Dutch Shoe Regatta in San
Diego Bay, CA for the location described in Table 1 to Sec. 100.1101,
Item No. 4 of that section Regatta from noon to 4:30 p.m. on July 21,
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 Eleventh Coast Guard District, Sec. 100.1101, Item No. 4 of
that section, specifies the location of the regulated area for the
Dutch Shoe Regatta which encompasses the waters of San Diego Bay, CA,
from Shelter Island to Glorietta Bay. Under the provisions of Sec.
100.1101, persons and vessels are prohibited from anchoring, blocking,
loitering, or impeding 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 notice of enforcement 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, Safety Marine Information Broadcast, 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
marine information broadcast or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.
Dated: June 21, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-13755 Filed 6-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.114811 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0493-0001/content.htm"
} |
USCG-2023-0502-0001 | Rule | 2023-07-18T04:00:00 | Safety Zone; Hemingway Paddleboard Race, Key West, FL | [Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Rules and Regulations]
[Page 45818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15112]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0502]
Safety Zone; Hemingway Paddleboard Race, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the Hemingway
Paddleboard Race, Key West, Florida to provide for the safety of life
on the navigable waterways during this event. This action is necessary
to ensure the safety of event participants and spectators. During the
enforcement period, no person or vessel may enter, transit through,
anchor in, or remain within the regulated area without approval from
the Captain of the Port Key West or a designated representative.
DATES: The regulations in 33 CFR 165.786 will be enforced for the
location identified in Item 7.1 of the Table to Sec. 165.786, from
5:30 until 7:30 p.m. on July 22, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
notification of enforcement, call or email Hailye Wilson, Sector Key
West Waterways Management Department, Coast Guard; telephone 305-292-
8768; email: [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.786, Table to Sec. 165.786, Item 7.1, for the Annual
Hemingway Paddleboard Race in Key West, Florida from 5:30 until 7:30
p.m. on July 22, 2023. This action is being taken to provide for the
safety of life on navigable waterways during this event. The regulation
for recurring marine events within Sector Key West Captain of the Port
(COTP) zone, Table to Sec. 165.786, Item 7.1, specifies the location
of the regulated area for the Hemingway Sunset Run and Paddleboard Race
event. During the enforcement period, no person or vessel may enter,
transit through, anchor in, or remain within the established regulated
areas without approval from the Captain of the Port Key West or
designated representative. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing this
regulation.
The Coast Guard will provide notice of the regulated area by Local
Notice to Mariners and Broadcast Notice to Mariners. If the Captain of
the Port Key West determines that the regulated area need not be
enforced for the full duration stated in this publication, he or she
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-15112 Filed 7-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.115551 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0502-0001/content.htm"
} |
USCG-2023-0503-0001 | Rule | 2023-07-13T04:00:00 | Safety Zone; Anchor Bay Bass, Brew, and BBQ Fireworks, Lake St. Clair; Chesterfield, MI | [Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44700-44702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14847]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0503]
RIN 1625-AA00
Safety Zone; Anchor Bay Bass, Brew, and BBQ Fireworks, Lake St.
Clair; Chesterfield, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on Lake St. Clair in Chesterfield, 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 Anchor Bay Chamber of Commerce. 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 July 28, 2023, through
10:30 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-
[[Page 44701]]
0503 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 on
Lake St. Clair. It is impracticable and contrary to the public interest
to publish a NPRM because we must establish this safety zone by July
28, 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.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 through 10:30 p.m. on
July 28, 2023. In the case of inclement weather on July 28, 2023, this
safety zone will be enforced from 10 through 10:30 p.m. on July 29,
2023. The safety zone will encompass all U.S. navigable waters of Lake
St. Clair within a 200-yard radius of the fireworks launch site located
42[deg]39'55.69'' N, 082[deg]45'23.58'' W, near Brandenburg Park, in
Chesterfield, 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 Lake St. Clair 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
[[Page 44702]]
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.
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.T09-0503 to read as follows:
Sec. 165.T09-0503 Safety Zone; Anchor Bay Bass, Brew, and BBQ
Fireworks, Lake St. Clair; Chesterfield, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of Lake St. Clair within a within a 200-yard
radius of the fireworks launch site located at position
42[deg]39'55.69'' N, 082[deg]45'23.58'' W. All geographic coordinates
are North American Datum of 1983 (NAD 83).
(b) Enforcement Period. This regulation will be enforced from 9:30
through 10:30 p.m. on July 28, 2023. In the case of inclement weather
on July 28, 2023, this safety zone will be enforced from 10 through
10:30 p.m. on July 29, 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.
Dated: July 7, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-14847 Filed 7-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.116064 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0503-0001/content.htm"
} |
USCG-2023-0504-0001 | Rule | 2023-06-27T04:00:00 | Safety Zone: Recurring Events in Captain of the Port Duluth—City of Bayfield 4th of July Fireworks Display | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41508-41509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13660]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0504]
Safety Zones; Recurring Events in Captain of the Port Duluth--
City of Bayfield 4th of July Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone for the City of
Bayfield Fireworks in Bayfield, WI. This action is necessary to protect
participants and spectators during the City of Bayfield Fireworks.
During the enforcement period, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Duluth or designated on-scene representative.
DATES: The regulations in 33 CFR 165.943, table 1, paragraph (3) will
be enforced from 9:30 p.m. through 10 p.m. on July 4, 2023, for the
City of Bayfield Fireworks safety zone.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Joe McGinnis, telephone (218)-725-3818,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the annual City of Bayfield 4th of July Fireworks Display in 33 CFR
165.943 from 9:30 p.m. through 10 p.m. on July 4, 2023. All waters of
the Lake Superior North Channel in Bayfield, WI within the arc of a
circle with a radius of no more than 1,120 feet from the launch site at
position 46[deg]48'40'' N, 090[deg]48'32'' W.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or their
designated on-scene representative. The Captain of the Port's
designated on-scene representative may be contacted via VHF Channel 16.
[[Page 41509]]
This document is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552(a). In addition to this publication in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of the enforcement of this safety zone via Broadcast
Notice to Mariners.
Dated: June 21, 2023.
J.M. DeWitz,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2023-13660 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.117040 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0504-0001/content.htm"
} |
USCG-2023-0508-0001 | Rule | 2023-06-28T04:00:00 | Safety Zone; Marathon July 4th Fireworks, Marathon, FL | [Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Rules and Regulations]
[Pages 41820-41822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13766]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0508]
RIN 1625-AA00
Safety Zone; Marathon July 4th Fireworks, Marathon, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters surrounding Marathon, Florida, during the Marathon July 4th
Fireworks event. The safety zone will encompass a 200-yard radius on
Sombrero Beach. 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 p.m. until 10 p.m. on July 4,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2023-0508 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, U.S. Coast Guard; telephone 305-292-8772, 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 final 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 41821]]
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. The Coast Guard did not receive final details of
the event until June 1, 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 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 Marathon July 4th Fireworks
event will be a safety concern for anyone within a 200-yard radius from
position 24[deg]41.470' N, 081[deg]05.205' W, on Sombrero Beach near
Marathon, FL. This rule is necessary to ensure the safety of the event
participants, the general public, vessels and the navigable waters of
Marathon, Florida, during the Marathon July 4th Fireworks event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
Marathon, FL, during the Marathon July 4th Fireworks event. The safety
zone will encompass a 200-yard radius from position 24[deg]41.470' N,
081[deg]05.205' W, on Sombrero Beach. The safety zone will be enforced
from 8 p.m. to 10 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 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 the safety zone. 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
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
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
[[Page 41822]]
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 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 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.T07-0508 to read as follows:
Sec. 165.T07-0508 Safety Zone; Marathon July 4th Fireworks, Marathon,
FL.
(a) Location. The following regulated area is a safety zone: All
waters encompassing a 200-yard radius from position 24[deg]41.470' N,
081[deg]05.205' W, on Sombrero Beach near Marathon, FL. All coordinates
are North American Datum 1983.
(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) 292-8772, 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 p.m.
until 10 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. 2023-13766 Filed 6-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.117863 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0508-0001/content.htm"
} |
USCG-2023-0509-0001 | Rule | 2023-06-27T04:00:00 | Safety Zone; City of Toledo Fireworks; Maumee River; Toledo, OH | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41500-41502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0509]
RIN 1625-AA00
Safety Zone; City of Toledo Fireworks; Maumee River; Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Maumee River in Toledo, OH. The safety zone is
needed to protect marine traffic and spectators from hazards associated
with the City of Toledo Fireworks. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Detroit, or his designated representative. This temporary
safety zone is necessary to protect marine traffic and spectators from
hazards associated with fireworks.
DATES: This rule is effective from 9 through 11:30 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-
2023-0509 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 MST1 Karl Dirksmeyer, Marine Safety Unit Toledo, Coast
Guard; telephone (419) 392-0324, 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 accommodate the comment period. Thus,
delaying the effective date of this rule to wait for the comment period
to run would be impracticable and contrary to the public interest
because it would prevent the Captain of the Port Detroit from keeping
marine traffic and spectators safe from hazards associated with the
City of Toledo Fireworks.
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
ensure the safety of marine traffic and spectators from hazards
associated with the City of Toledo Fireworks.
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 the City
of Toledo Fireworks on July 1, 2023, will be a safety concern within a
500 foot radius of the launch site along the Maumee River from 9 to
11:30 p.m. This rule is needed to protect marine traffic and spectators
in the navigable waters within the safety zone while the event is
taking place.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 9
through 11:30 p.m. on July 1, 2023. The safety zone will encompass all
U.S. navigable waters of the Maumee River within a 500 foot radius of
the launch site at 41[deg]38'44'' N, 083[deg]31'51'' W. The duration of
the zone is intended to protect marine traffic and spectators in the
navigable waters while the City of Toledo Fireworks are taking place.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated representative. The Captain of the Port, Sector
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, duration and time-of-day of the safety zone. This safety zone
would impact a small designated area of the Maumee River for a short
duration, during the evening when vessel traffic is normally low.
Vessel traffic will be able to transit after the time of the event.
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.
[[Page 41501]]
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 three and one half hours that will prohibit entry
within a 500 foot radius of the launch site along the Maumee River,
Toledo, OH. 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, 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.T09-0509 to read as follows:
Sec. 165.T09-0509 Safety Zone; City Of Toledo Fireworks; Maumee
River; Toledo, OH.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the Maumee River within a within a 500-foot
radius of the launch site along the Maumee River, Toledo, OH located at
position 41[deg]38'44'' N, 083[deg]31'51'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, 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) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative.
(3) The ``designated representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on his
behalf. The designated representative of the Captain of the Port
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port Detroit or his designated
representative may be contacted via VHF Channel 16.
(4) 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
[[Page 41502]]
Captain of the Port Detroit or his designated representative.
(c) Enforcement Period. This regulation will be enforced from 9
through 11:30 p.m. on July 1, 2023. The Captain of the Port Detroit, or
a designated representative may suspend enforcement of the safety zone
at any time.
Dated: June 20, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-13594 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.118781 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0509-0001/content.htm"
} |
USCG-2023-0510-0001 | Proposed Rule | 2023-08-23T04:00:00 | Special Local Regulation; Atlantic Intracoastal Waterway, Morehead City, NC |
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57374-57377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18172]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0510]
RIN 1625-AA08
Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation (SLR) for certain navigable waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North
Carolina. This SLR, which would be enforced annually for one weekend
each September, would restrict vessel traffic on the AICW and Beaufort
Inlet during high-speed boat races. The restriction of vessel traffic
movement in the SLR is proposed for the purpose of protecting
participants and spectators from the hazards posed by these events.
Entry of vessels or persons into this regulated area would be
prohibited unless specifically authorized by the Captain of the Port
(COTP), North Carolina 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 September 22, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0510 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 Petty Officer Ken Farah, Waterways
Management Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone 910-772-2221, 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
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 13, 2023, the NC East Sports, Inc organization notified
the Coast Guard that it will be hosting the Crystal Coast Grand Prix
powerboat race in Morehead City, NC. This high speed boat race will
take place from 10 a.m. to 6 p.m. on the waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet each year on one
consecutive Friday, Saturday, and/or Sunday in September. It is
anticipated that approximately 60 high speed vessels will be
participating. The racecourse encompasses approximately 1.5 square
miles and will include all navigable waters of the AICW and
[[Page 57375]]
Beaufort Inlet, North Carolina from approximate positions more
particularly described in the discussion (paragraph III of this
preamble), below. The Captain of the Port, Sector North Carolina (COTP)
has determined that the presence of vessels not associated with the
race, and anyone else in or transiting the designated area of the AICW
and Beaufort Inlet in Morehead City, NC during the high speed vessel
race would pose a safety concern to the participating vessels, and to
spectators of the event, as well as to others within the designated
area. The purpose of this rulemaking is to ensure the safety of
vessels, participants, and other persons from the hazards associated
with the event.
This proposed rule would modify 33 CFR 100.501 by listing a new
recurring marine event in Table 4 to Paragraph (i)(4), which covers the
Coast Guard Sector North Caroline--COTP Zone. 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 SLR which would be enforced on
a portion of the AICW and Beaufort Inlet from 10 a.m. until 6 p.m. each
year on one consecutive Friday, Saturday, and/or Sunday in September.
The times of enforcement would be broadcast locally over VHF-FM marine
radio via a Broadcast Notice to Mariners (BNM), Marine Safety
Information Bulletin (MSIB), and Local Notice to Mariners (LNM).
The regulated area would encompass approximately 1.5 square miles
and would include all navigable waters of the AICW and Beaufort Inlet,
North Carolina, from approximate positions: latitude 34[deg]42'55''N,
longitude 076[deg]43'15''W, then east to latitude 34[deg]42'56''N,
longitude 076[deg]42'13''W, then east to latitude 34[deg]42'57''N,
longitude 076[deg]41'41''W, then east to latitude 34[deg]42'57''N,
longitude 076[deg]41'25''W, then south east to latitude
34[deg]42'23''N, longitude 076[deg]40'44''W, then south to latitude
34[deg]41'59''N, longitude 076[deg]40'43''W, then north west to
latitude 34[deg]42'32''N, longitude 076[deg]42'14''W, then west to
latitude 34[deg]42'32''N, longitude 076[deg]43'15''W, then north to its
point of origin.
This SLR provides additional information about areas that would be
included within the regulated area, including their definitions. These
areas include ``Race Area,'' ``Spectator Area,'' and ``Buffer Zone.''
The size of the regulated area is intended to ensure the safety of
life on these navigable waters before, during, and after activities
associated with the high speed boat race. The COTP and the Coast Guard
Event Patrol Commander (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 must 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 Crystal Coast Grand Prix race participants and vessels
already at berth, a vessel or person would have to get permission from
the COTP or Event PATCOM to remain in the regulated area during an
enforcement period or to enter the regulated area. Vessel operators
would be required 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 deemed it safe to do so. A vessel within the regulated
area would have to operate at safe speed that minimized 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 would include any vessel assigned or approved by the Commander,
Coast Guard Sector North Carolina 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. A spectator vessel would be
prohibited from loitering within the Race Zone, Buffer Zone, or other
portions of the navigable channel while it was within the regulated
area. Official patrol vessels would direct spectators to the designated
spectator area. Only participant vessels would be allowed to enter the
Race Area, and the Buffer Zone, if necessary.
The proposed duration of this SLR is intended to protect
participants and spectators on the navigable waters of the AICW and
Beaufort Inlet during the high-speed boat race. Vessels could request
permission to pass through the SLR between race heats. No vessel or
person would be permitted to enter the SLR without obtaining permission
from the COTP North Carolina 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, and duration of the SLR. Vessel traffic would not be allowed
to enter or transit a portion of the AICW or Beaufort Inlet during an
active race event from 10 a.m. through 6 p.m. each year on the second
or last Friday, Saturday, and Sunday in September. The rule would,
however, allow vessels to request permission to pass through the
regulated area between race heats. The Coast Guard will transmit a BNM
via VHF-FM marine channel 16, publish an MSIB, and post a LNM regarding
the enforcement period of the SLR.
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.
[[Page 57376]]
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 an SLR to
be enforced during active race events. 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. A
preliminary 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. 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-2023-0510 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 proposes
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. 100.501, amend table 4 to paragraph (i)(4) by adding a new
entry at the end of the table to read as follows:
[[Page 57377]]
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
(i) * * *
(4) * * *
Table 4 to Paragraph (i)(4)
----------------------------------------------------------------------------------------------------------------
Event Regulated area Enforcement period(s) Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Crystal Coast Grand Prix Powerboat All navigable waters of the One consecutive NC East Sports, INC.
Race. AICW and Beaufort Inlet, Friday, Saturday, and/
North Carolina from or Sunday in
approximate positions: September.
latitude 34[deg]42'55'' N,
longitude 076[deg]43'15''
W, then east to latitude
34[deg]42'56'' N,
longitude 076[deg]42'13''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'41''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'25''
W, then south east to
latitude 34[deg]42'23'' N,
longitude 076[deg]40'44''
W, then south to latitude
34[deg]41'59'' N,
longitude 076[deg]40'43''
W, then north west to
latitude 34[deg]42'32'' N,
longitude 076[deg]42'14''
W, then west to latitude
34[deg]42'32'' N,
longitude 076[deg]43'15''
W, then north to its point
of origin.
Race area: All navigable
waters of the AICW and
Beaufort Inlet, North
Carolina, from approximate
positions: latitude
34[deg]42'52'' N,
longitude 076[deg]43'16''
W, then east to latitude
34[deg]42'52.2'' N,
longitude
076[deg]42'11.04'' W, then
east to latitude
34[deg]42'53.76'' N,
longitude
076[deg]41'38.04'' W, then
southeast to latitude
34[deg]42'10.8'' N,
longitude
076[deg]40'44.4'' W, then
south to latitude
34[deg]42'4.3'' N,
longitude
076[deg]40'48.1'' W, then
northwest to latitude
34[deg]42'47.34'' N,
longitude 076[deg]41'49''
W, then west to latitude
34[deg]42'50'' N,
longitude 076[deg]43'16''
W, then north to the point
of origin.
Spectator area: All waters
of the AICW, North
Carolina, from approximate
positions: latitude
34[deg]42'42'' N,
longitude 076[deg]43'15''
W, then east to latitude
34[deg]42'41'' N,
longitude 076[deg]42'14''
W, then south to latitude
34[deg]42'32'' N.
longitude 076[deg]42'14''
W, then west to latitude
34[deg]42'32'' N,
longitude 076[deg]43'15''
W, then north to the point
of origin.
Buffer zone: All waters of
the AICW and Beaufort
Inlet, North Carolina,
from approximate
positions: latitude
34[deg]42'55'' N,
longitude 076[deg]43'15''
W, then east to latitude
34[deg]42'56'' N,
longitude 076[deg]42'13''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'41''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'25''
W, then south east to
latitude 34[deg]42'23'' N,
longitude 076[deg]40'44''
W, then south to latitude
34[deg]41'59'' N,
longitude 076[deg]40'43''
W, then north west to
latitude 34[deg]42'41'' N,
longitude 076[deg]42'05''
W, then west to latitude
34[deg]42'42'' N,
longitude 076[deg]43'15''
W, then north to its point
of origin.
----------------------------------------------------------------------------------------------------------------
\1\ As noted, 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 Broadcaster Notice to Mariner.
Dated: August 14, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-18172 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.119630 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0510-0001/content.htm"
} |
USCG-2023-0510-0002 | Rule | 2023-10-03T04:00:00 | Special Local Regulation; Atlantic Intracoastal Waterway, Morehead City, NC |
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67946-67950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21751]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0510]
RIN 1625-AA08
Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation
[[Page 67947]]
(SLR) for certain navigable waters of the Atlantic Intracoastal
Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina.
This SLR, will be enforced annually for one weekend each September, and
will restrict vessel traffic on the AICW and Beaufort Inlet during
high-speed boat races. The restriction of vessel traffic movement in
the SLR is for the purpose of protecting participants and spectators
from the hazards posed by these events. Entry of vessels or persons
into this regulated area will be prohibited unless specifically
authorized by the Captain of the Port (COTP), North Carolina or a
designated representative.
DATES: This rule is effective without actual notice October 3, 2023.
For the purposes of enforcement this year, actual notice will be used
from September 30, 2023 until October 3, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0510 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 Petty Officer Ken Farah, Waterways
Management Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone 910-772-2221, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AICW Atlantic Intracoastal Waterway
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and Regulatory History
On March 13, 2023, NC East Sports, Inc. notified the Coast Guard
that it will be hosting the Crystal Coast Grand Prix powerboat race in
Morehead City, NC. This high-speed boat race will take place from 10
a.m. to 6 p.m. on the waters of the Atlantic Intracoastal Waterway
(AICW) and Beaufort Inlet each year on one consecutive Friday,
Saturday, and/or Sunday in September. It is anticipated that
approximately 60 high speed vessels will be participating each year.
The racecourse encompasses approximately 1.5 square miles and will
include all navigable waters of the AICW and Beaufort Inlet, North
Carolina from approximate positions more particularly described in the
discussion (paragraph III of this preamble), below. The Captain of the
Port, Sector North Carolina (COTP) has determined that the presence of
vessels not associated with the race, and anyone else in or transiting
the designated area of the AICW and Beaufort Inlet in Morehead City, NC
during the high-speed vessel race would pose a safety concern to the
participating vessels, and to spectators of the event, as well as to
others within the designated area. In response, on August 23, 2023, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Special Local Regulation; Atlantic Intracoastal Waterway, Morehead
City, NC.'' There we stated why we had issued the NPRM and invited
comments on our proposed regulatory action related to this high-speed
boat race. During the comment period that ended September 22, 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. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to protect non-participating persons, vessels, and
participants against the hazards associated with restricted waterway
during this high-speed boat race.
III. Legal Authority and Need for the Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Sector North Carolina (COTP) has
determined that the presence of vessels not associated with the race,
and anyone else in or transiting the designated area of the AICW and
Beaufort Inlet in Morehead City, NC during the high-speed vessel race
would pose a safety concern to the participating vessels, and to
spectators of the event, as well as to others within the designated
area. The purpose of this rulemaking is to ensure the safety of
vessels, participants, and other persons from the hazards associated
with the event.
This rule will modify 33 CFR 100.501 by listing a new, recurring
marine event in Table 4 to Paragraph (i)(4), which covers the Coast
Guard Sector North Caroline--COTP Zone.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM. There are no
changes in the regulatory text of this rule from that in the NPRM.
This rule establishes a SLR which will be enforced on a portion of
the AICW and Beaufort Inlet from 10 a.m. until 6 p.m. each year on one
consecutive Friday, Saturday, and/or Sunday in September. The times of
enforcement would be broadcast locally over VHF-FM marine radio via a
Broadcast Notice to Mariners (BNM), Marine Safety Information Bulletin
(MSIB), and Local Notice to Mariners (LNM).
The regulated area will encompass approximately 1.5 square miles
and will include all navigable waters of the AICW and Beaufort Inlet,
North Carolina, from approximate positions: latitude 34[deg]42'55'' N,
longitude 076[deg]43'15'' W, then east to latitude 34[deg]42'56'' N,
longitude 076[deg]42'13'' W, then east to latitude 34[deg]42'57'' N,
longitude 076[deg]41'41'' W, then east to latitude 34[deg]42'57'' N,
longitude 076[deg]41'25'' W, then south east to latitude 34[deg]42'23''
N, longitude 076[deg]40'44'' W, then south to latitude 34[deg]41'59''
N, longitude 076[deg]40'43'' W, then north west to latitude
34[deg]42'32'' N, longitude 076[deg]42'14'' W, then west to latitude
34[deg]42'32'' N, longitude 076[deg]43'15'' W, then north to its point
of origin.
This SLR provides additional information about areas that will be
included within the regulated area, including their definitions. These
areas include ``Race Area,'' ``Spectator Area,'' and ``Buffer Zone.''
The size of the regulated area is intended to ensure the safety of
life on these navigable waters before, during, and after activities
associated with the high-speed boat race. The COTP and the Coast Guard
Event Patrol Commander (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 must 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 Crystal Coast Grand Prix race participants and vessels
already at berth, a vessel or person would have to get permission from
the COTP or Event PATCOM to remain in the regulated area during an
enforcement period or to enter the regulated area. Vessel operators
will be required 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
[[Page 67948]]
transit the regulated area once the Event PATCOM deemed it safe to do
so. A vessel within the regulated area will have to 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 will include any vessel
assigned or approved by the Commander, Coast Guard Sector North
Carolina 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. A spectator vessel will be
prohibited from loitering within the Race Zone, Buffer Zone, or other
portions of the navigable channel while it is within the regulated
area. Official patrol vessels will direct spectators to the designated
spectator area. Only participant vessels will be allowed to enter the
Race Area, and the Buffer Zone, if necessary.
The proposed duration of this SLR is intended to protect
participants and spectators on the navigable waters of the AICW and
Beaufort Inlet during the high-speed boat race. Vessels can request
permission to pass through the SLR between race heats. No vessel or
person will be permitted to enter the SLR without obtaining permission
from the COTP North Carolina 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 SLR. Vessel traffic will not
be allowed to enter or transit a portion of the AICW or Beaufort Inlet
during an active race event for times as published each year on the
second or last Friday, Saturday, and Sunday in September. The rule
will, however, allow vessels to request permission to pass through the
regulated area between race heats. The Coast Guard will transmit a BNM
via VHF-FM marine channel 16, publish an MSIB, and post a LNM regarding
the enforcement period of the SLR.
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 an SLR
to be enforced during active race events on the Atlantic Intracoastal
Waterway and Beaufort Inlet in Morehead City,
[[Page 67949]]
NC. It is categorically excluded from further review under paragraph
L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
1. A Record of Environmental Consideration 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
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:
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. 100.501, amend Table 4 to Paragraph (i)(4) by adding the
following event after the last entry to read as follows.
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
Table 4 to Paragraph (i)(4)
----------------------------------------------------------------------------------------------------------------
Event Regulated area Enforcement period(s) Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Crystal Coast Grand Prix Powerboat All navigable waters of the One consecutive NC East Sports, Inc.
Race. AICW and Beaufort Inlet, Friday, Saturday, and/
North Carolina from or Sunday in
approximate positions: September.
latitude 34[deg]42'55'' N,
longitude 076[deg]43'15''
W, then east to latitude
34[deg]42'56'' N,
longitude 076[deg]42'13''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'41''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'25''
W, then south east to
latitude 34[deg]42'23'' N,
longitude 076[deg]40'44''
W, then south to latitude
34[deg]41'59'' N,
longitude 076[deg]40'43''
W, then north west to
latitude 34[deg]42'32'' N,
longitude 076[deg]42'14''
W, then west to latitude
34[deg]42'32'' N,
longitude 076[deg]43'15''
W, then north to its point
of origin.
Race area: All navigable
waters of the AICW and
Beaufort Inlet, North
Carolina, from approximate
positions: latitude
34[deg]42'52'' N,
longitude 076[deg]43'16''
W, then east to latitude
34[deg]42'52.2'' N,
longitude
076[deg]42'11.04'' W, then
east to latitude
34[deg]42'53.76'' N,
longitude
076[deg]41'38.04'' W, then
southeast to latitude
34[deg]42'10.8'' N,
longitude
076[deg]40'44.4'' W, then
south to latitude
34[deg]42'4.3'' N,
longitude
076[deg]40'48.1'' W, then
northwest to latitude
34[deg]42'47.34'' N,
longitude 076[deg]41'49''
W, then west to latitude
34[deg]42'50'' N,
longitude 076[deg]43'16''
W, then north to the point
of origin.
Spectator area: All waters
of the AICW, North
Carolina, from approximate
positions: latitude
34[deg]42'42'' N,
longitude 076[deg]43'15''
W, then east to latitude
34[deg]42'41'' N,
longitude 076[deg]42'14''
W, then south to latitude
34[deg]42'32'' N,
longitude 076[deg]42'14''
W, then west to latitude
34[deg]42'32'' N,
longitude 076[deg]43'15''
W, then north to the point
of origin.
Buffer zone: All waters of
the AICW and Beaufort
Inlet, North Carolina,
from approximate
positions: latitude
34[deg]42'55'' N,
longitude 076[deg]43'15''
W, then east to latitude
34[deg]42'56'' N,
longitude 076[deg]42'13''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'41''
W, then east to latitude
34[deg]42'57'' N,
longitude 076[deg]41'25''
W, then south east to
latitude 34[deg]42'23'' N,
longitude 076[deg]40'44''
W, then south to latitude
34[deg]41'59'' N,
longitude 076[deg]40'43''
W, then north west to
latitude 34[deg]42'41'' N,
longitude 076[deg]42'05''
W, then west to latitude
34[deg]42'42'' N,
longitude 076[deg]43'15''
W, then north to its point
of origin.
----------------------------------------------------------------------------------------------------------------
\1\ As noted, 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 Broadcaster Notice to Mariner.
[[Page 67950]]
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-21751 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.121400 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0510-0002/content.htm"
} |
USCG-2023-0511-0001 | Rule | 2023-09-22T04:00:00 | Special Local Regulation; Swim the Loop and Motts Channel Sprint; Wrightsville Beach, NC |
[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65320-65321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20566]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0511
Special Local Regulation; Swim the Loop and Motts Channel Sprint;
Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce special local regulations for the
``Swim the Loop and Motts Channel Sprint'' on October 15, 2023, 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, which lies in
the vicinity of Wrightsville Beach, NC. During the enforcement period,
the operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any official authorized by the
Captain of the Port (COTP), Sector North Carolina.
DATES: The regulation identified in the ``Event'' column of Table 4 to
33 CFR 100.501(i)(4) as covering the Swim the Loop and Motts Channel
Sprint will be enforced from 7 a.m. until 11 a.m. on October 15, 2023.
[[Page 65321]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Chief Petty Officer Elvin
Rodriguez, Waterways Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone 910-772-2239, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.501(i)(4) for the Swim the Loop and Motts
Channel Sprint regulated area from 7 a.m. to 11 a.m. on October 15,
2023. As indicated in a footnote to Table 4 of Sec. 100.501(i)(4), the
enforcement dates and times for each of the listed events in this table
are subject to change, and the October date differs from dates provided
in the table. We are making this special local regulation subject to
enforcement at the stated time to provide for the safety of life on
navigable waterways during the day of the event. Table 4 to Sec.
100.501(i)(4) specifies the location of the regulated area for this
event as comprising the navigable waters surrounding Harbor Island, NC,
including the Intracoastal Waterway, Lees Cut, Banks Channel and Motts
Channel. During the enforcement period, as reflected in Sec.
100.501(i)(4), the operator of any vessel in the regulated area must
comply with directions from the Patrol Commander or from any official
representative of the COTP, Sector North Carolina.
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 Safety
Information Bulletin, and Broadcast Notice to Mariners.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-20566 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.122892 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0511-0001/content.htm"
} |
USCG-2023-0512-0001 | Rule | 2023-11-08T05:00:00 | Safety Zone, Neuse River, New Bern, NC |
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 76997-76999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24713]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0512]
RIN 1625-AA00
Safety Zone, Neuse River, New Bern, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Neuse River in New Bern, North Carolina. This
action is necessary to provide for the safety of life on these waters
during an aerobatic airshow on November 25, 2023. This rule prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port (COTP) North Carolina or a designated
representative.
DATES: This rule is effective November 25, 2023 from 4 through 6 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0512 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 Chief Petty Officer Elvin Rodriguez, Waterways Management
Division, U.S. Coast Guard; telephone 910-772-2239, 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
[[Page 76998]]
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 to publish
an NPRM and consider comments without delaying promulgation of the rule
beyond November 25, 2023, the date of the air show, and it would be
contrary to the public interest to delay promulgation of the rule until
after the event occurs. The rule needs to be in effect by November 25,
2023, to protect persons and vessels from the hazards associated with
this event. Such hazards include the possibility of an aircraft
striking a vessel on the surface below the flight zone.
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 to publish this rule 30 days prior to
the date of the event, and contrary to the public interest to delay
publication past that date because the rule must be in place to protect
persons and vessels from the hazards associated with this event on
November 25, 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 North Carolina (COTP) has determined
that potential hazards associated with the Thanksgiving Twilight Show,
scheduled for 4 through 6 p.m. on November 25, 2023, is a safety
concern for mariners during the time that aircraft perform aerobatic
maneuvers directly above the Neuse River. This rule is necessary to
protect personnel, vessels, and the marine environment from the hazards
associated with the airshow above this position of the Neuse River.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on a portion of the
Neuse River on November 25, 2023, from 4 to 6 p.m. The rule will be
enforced for the duration of the event. The date and times of
enforcement will be broadcast locally over VHF-FM marine radio. The
safety zone will include all navigable waters of the Neuse River in New
Bern, North Carolina inside an area starting from approximate
positions: latitude 35[deg]06'55'' N, longitude 077[deg]02'04'' W, then
east to latitude 35[deg]07'06'' N, longitude 077[deg]01'27'' W, then
southeast to latitude 35[deg]06'49'' N, longitude 077[deg]01'12'' W,
then south to latitude 35[deg]06'08'' N, longitude 077[deg]01'18'' W,
then west to latitude 35[deg]06'02'' N, longitude 077[deg]01'57'' W,
then north to latitude 35[deg]06'32'' N, longitude 077[deg]01'54'' W,
then north to the point of origin then north to the point of origin,
for a total area of approximately 1 mile square.
The airshow will consist of three separate performances and will
last a total approximately 2 hours. The event will begin roughly 20
minutes before sunset and will last until approximately 30 minutes
after sunset. All aircraft will remain at least 500 feet above the
ground. Public spectators will be allowed to view the event from the
waterway, however, for safety reasons, the aircraft will not perform if
there are any vessels inside the safety zone. The duration of this
safety zone is intended to protect participants and spectators on the
navigable waters of the Neuse River during the airshow. Vessels may
transit the area, so long as they remain outside the safety zone. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP North Carolina 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. Vessel traffic will not be
allowed to enter or transit a portion of the Neuse River during the
airshow from 4 through 6 p.m. November 25, 2023. The Coast Guard will
transmit a Broadcast Notice to Mariners via VHF-FM marine channel 16
regarding the enforcement area. This rule allows vessels to request
permission to pass through 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
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
[[Page 76999]]
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 2 hours that will prohibit entry within a 1 square
mile area of the Neuse River on November 25, 2023, from 4 to 6 p.m. 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.T05-0512 to read as follows:
Sec. 165.T05-0512 Safety Zone; Neuse River, Airshow, New Bern, NC.
(a) Location. The following area is a safety zone: all navigable
waters of the Neuse River in New Bern, North Carolina, inside an area
starting from approximate positions: latitude 35[deg]06'55'' N,
longitude 077[deg]02'04'' W, then east to latitude 35[deg]07'06'' N,
longitude 077[deg]01'27'' W, then southeast to latitude 35[deg]06'49''
N, longitude 077[deg]01'12'' W, then south to latitude 35[deg]06'08''
N, longitude 077[deg]01'18'' W, then west to latitude 35[deg]06'02'' N,
longitude 077[deg]01'57'' W, then north to latitude 35[deg]06'32'' N,
longitude 077[deg]01'54'' W, then north to the point of origin, for a
total area of approximately 1 mile square.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, Sector North
Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the area described in paragraph (a) of this
section.
(2) Entry into or remaining in this safety zone is prohibited
unless authorized by the COTP North Carolina or the COTP North
Carolina's designated representative. Unless permission to remain in
the zone has been granted by the COTP North Carolina or the COTP North
Carolina's designated representative, a vessel within this safety zone
must immediately depart the zone when this section becomes effective.
(3) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina, at telephone number 910-343-3882.
(4) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
(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 regulation will be enforced from 4
through 6 p.m. on November 25, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2023-24713 Filed 11-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.124036 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0512-0001/content.htm"
} |
USCG-2023-0515-0001 | Rule | 2023-06-27T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone | [Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Page 41506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13592]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0515]
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 a safety zone that encompasses
certain navigable waters of the Cleveland Inner Harbor East Basin on
Lake Erie, for the 2023 Cleveland National Airshow in Cleveland, Ohio.
This action is necessary and intended for the safety of life and
property on the navigable waters during this event. 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 regulations listed in 33 CFR 165.939, Table 165.939(d)(2)
will be enforced from 8 a.m. through 6 p.m. on Friday September 1,
2023, through Monday September 4, 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 (d)(2). This safety zone will be enforced for all U.S. waters
of Lake Erie near Burke Lakefront Airport in Cleveland, Ohio from
position 41[deg]30'20'' N and 081[deg]42'20'' W to 41[deg]30'50'' N and
081[deg]42'49'' W, to 41[deg]32'09'' N and 081[deg]39'49'' W, to
41[deg]31'53'' N and 081[deg]39'24'' W, then return to the original
position (NAD 83).
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 needs 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 21, 2023.
J.B. Bybee,
Commander, U.S. Coast Guard, Captain of the Port Buffalo, By direction.
[FR Doc. 2023-13592 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.125378 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0515-0001/content.htm"
} |
USCG-2023-0516-0001 | Rule | 2023-07-17T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone | [Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Rules and Regulations]
[Pages 45339-45340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15049]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0516]
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 a safety zone that encompasses
certain navigable waters in the Cleveland Inner Harbor West Basin on
Lake Erie, for the Whiskey Island Paddlefest in Cleveland, OH. 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 (c)(1) will be enforced
from 7:30 a.m. through 1:30 p.m. on August 19, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Jared Stevens,
Waterways Management Division, U.S. Coast Guard Marine Safety Unit
Cleveland; telephone 216-937-0124, email [email protected].
[[Page 45340]]
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(c)(1) in Cleveland, OH on all U.S. waters
from 41[deg]29'59.5'' N and 081[deg]42'59.3'' W to 41[deg]30'4.4'' N
and 081[deg]42'44.5'' W to 41[deg]30'17.3'' N and 081[deg]43'0.6'' W to
41[deg]30'9.4'' N and 081[deg]43'2.0'' W to 41[deg]29'54.9'' N and
081[deg]43'34.4'' W to 41[deg]30'0.1'' N and 081[deg]43'3.1'' W and
back to 41[deg]29'59.5'' N and 081[deg]42'59.3'' W (NAD 83) for the
Whiskey Island Paddlefest in the Cleveland Inner Harbor West Basin,
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. This notification is being issued by the Coast
Guard Sector Buffalo Prevention Department Head at the direction of the
Captain of the Port.
Dated: July 11, 2023.
Jeff B. Bybee,
Commander, U.S. Coast Guard, Sector Buffalo Prevention Department Head.
[FR Doc. 2023-15049 Filed 7-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.126574 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0516-0001/content.htm"
} |
USCG-2023-0517-0001 | Rule | 2023-06-23T04:00:00 | Security Zone; Cooper River, Charleston, SC | [Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41027-41029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13519]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0517]
RIN 1625-AA87
Security Zone; Cooper River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of the Cooper River near the International
African American Museum in Charleston, South Carolina to prevent
waterside threats and incidents for persons under the protection of the
United States Secret Service. The action is necessary to protect an
official party, public, and surrounding waterways from terrorist acts,
sabotage or other subversive acts, accidents or other events of a
similar nature. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Charleston, or a designated representative.
DATES: This rule is effective from 8 a.m. through 2 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-
2023-0517 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 Thomas Welker, Sector Charleston, Waterways
Management Division, U.S. Coast Guard; telephone 843-740-3184, 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
USSS United States Secret Service
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 certain details of the event were not
available until two weeks prior to the event. Therefore, the Coast
Guard lacks sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule. Immediate action
is needed to prevent vessels from approaching the location in
Charleston, SC of persons under the protection of the United States
Secret Service (USSS protectees). It is impracticable to publish an
NPRM because we must establish this security zone by June 24, 2023. It
would be contrary to public interest to postpone establishing the
temporary security zone.
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
prevent interference with the USSS protectees attendance at the
International African American Museum in Charleston, SC.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70124. The Captain of the Port (COTP) Charleston has determined that
the USSS protectees visit on June 24, 2023, presents a potential target
for terrorist attack, sabotage, or other subversive acts, accidents, or
other causes of a similar nature. This security zone is necessary to
protect the official party, public, and surrounding waterways adjacent
to the visit site in Charleston, South Carolina.
IV. Discussion of the Rule
This rule establishes a security zone from 8 a.m. through 2 p.m. on
June 24, 2023. The security zone will cover an area approximately 500
yards in width by 615 yards in length on the Cooper River along the
waterfront of Charleston, South Carolina as follows. All navigable
waters of the Cooper River beginning at 32[deg]47'24.87'' N,
079[deg]55'28.41'' W, thence 500 yards east to 32[deg]47'24.87'' N,
079[deg]55'10.84'' W, thence south 615 yards to 32[deg]47'4.74'' N,
079[deg]55'10.84'' W, thence west to 32[deg]47'4.74'' N,
079[deg]55'25.32'' W, thence north along the shoreline to the point of
origin.
The duration of the zone is intended ensure the security of the
USSS protectees before, during, and immediately after the scheduled
event. No vessel or person will be permitted to enter, transit through,
anchor in or remain within the security zone without obtaining
permission from the COTP or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the security 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 security zone by
Broadcast Notice to Mariners and 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
[[Page 41028]]
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 and
location of the security zone. The security zone is limited in size and
location as it will cover an area approximately 500 yards in width by
615 yards in length on the Cooper River along the waterfront of
Charleston, South Carolina. Although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the
security zone without authorization from the COTP Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement period. Furthermore, the rule will allow vessels
to seek permission to enter the zone. Persons and vessels may still
enter, transit through, anchor in, or remain within the security zone
during the enforcement period if authorized by the COTP Charleston 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
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 security zone enforced continuously for a period of 6 hours,
which will prohibit entry to a portion of the Cooper River adjacent to
Charleston, South Carolina. 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 where
indicated under ADDRESSES.
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.T07-0517 to read as follows:
Sec. 165.T07-0517 Security Zone; Cooper River, Charleston, SC.
(a) Location. The following area is a security zone: All waters of
the Cooper River beginning at 32[deg]47'24.87'' N, 079[deg]55'28.41''
W, thence 500 yards east to 32[deg]47'24.87'' N, 079[deg]55'10.84'' W,
thence south 615 yards to 32[deg]47'4.74'' N,
[[Page 41029]]
079[deg]55'10.84'' W, thence west to 32[deg]47'4.74'' N,
079[deg]55'25.32'' W, thence north along the shoreline to the point of
origin. These coordinates are based on the 1984 World Geodetic System
(WGS 84).
(b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including coxswains, petty officers, and other
officers operating Coast Guard vessels, and Federal, state, and local
officers designated by or assisting the Captain of the Port (COTP) in
the enforcement of the security zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the security zone described in
paragraph (a) of this section unless authorized by the COTP Charleston
or a designated representative. If authorization is granted, persons
and/or vessels receiving such authorization must comply with the
instructions of the COTP Charleston or designated representative.
(2) Persons who must notify or request authorization from the COTP
Charleston may do so by Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(d) Enforcement period. This rule will be enforced from 8 a.m.
through 2 p.m. on June 24, 2023.
Dated: June 20, 2023.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2023-13519 Filed 6-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.127283 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0517-0001/content.htm"
} |
USCG-2023-0518-0001 | Rule | 2023-06-30T04:00:00 | Safety Zone; Savannah River 4th of July Fireworks Show, Savannah, GA | [Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42243-42245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13886]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0518]
RIN 1625-AA00
Safety Zone; Savannah River 4th of July Fireworks Show, Savannah,
GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters surrounding the Savannah River in Savannah, Georgia, during the
July 4th Fireworks event. 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) Savannah or a designated representative.
DATES: This rule is effective from 9 p.m. until 11 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-
2023-0518 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 Alex McConnell, Waterways Management Division,
Marine Safety Unit Savannah, U.S. Coast Guard; telephone 912-652-4353,
extension 240, 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 final 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. The Coast Guard did not receive final
details of the event until June 8, 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 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 a fireworks
display adjacent to a major 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 Savannah (COTP) has determined that
potential hazards with the Savannah River July 4th Fireworks event near
downtown Savannah, GA. This rule is necessary to ensure the safety of
the event participants, the general public, vessels and the navigable
waters of Marathon, Florida, during the Savannah River July 4th
Fireworks event.
IV. Discussion of the Rule
This rule establishes a safety zone on all navigable waters in the
Savannah River adjacent to downtown Savannah, GA, during the Savannah
River, July 4th Fireworks event. The safety zone will be enforced from
9 p.m. to 11 p.m. on July 4, 2023. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by fallout from the July 4th Fireworks display. No person or
vessel will be permitted to enter, transit through, anchor in, or
remain within the safety zone without 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
[[Page 42244]]
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 the Savannah River, Savannah, GA, 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 the safety zone. 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
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
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.
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 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 the Savannah River, Savannah, GA 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 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.T07-0138 to read as follows:
[[Page 42245]]
Sec. 165.T07-0138 Safety Zone; 4th of July Fireworks Show, Savannah
River, Savannah, GA.
(a) Location. The following area is a safety zone: All waters of
the Savannah River, from surface to bottom, bounded by a line drawn
from a point located at 32[deg]05'04'' N, 081[deg]05'46'' W, thence to
32[deg]05'10'' N, 081[deg]05'39'' W, thence to 32[deg]05'04'' N,
081[deg]05'30'' W, thence to 32[deg]04'57'' N, 081[deg]05'34'' W.
(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) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area 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 912-247-0073, 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 Savannah 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 9 p.m.
until 11 p.m. on July 4, 2023.
Dated: June 23, 2023.
Kevin A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-13886 Filed 6-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.128970 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0518-0001/content.htm"
} |
USCG-2023-0521-0001 | Rule | 2023-08-18T04:00:00 | Special Local Regulation: Kailua Bay, Ironman World Championship, Kailua-Kona, HI |
[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Page 56469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17833]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0521]
Special Local Regulation; Kailua Bay, Ironman World Championship,
Kailua-Kona, HI
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the Ironman Ho'ala practice swim and Ironman World Championship
Triathlon on October 8, 2023, and October 14, 2023, to provide for the
safety of life on navigable waterways during these events. Our
regulation for marine events within the Fourteenth Coast Guard District
identifies the regulated area for this event on certain waters of
Kailua Bay, Kailua-Kona, Hawaii. 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 100.1402 will be enforced from 3:45
a.m. to 11 a.m. on October 8, 2023, and October 14, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Chief Bradley Lindsey,
Waterways Management Division, U.S. Coast Guard Sector Honolulu;
telephone (808) 541-4363, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation for the Ironman Ho'ala practice swim and Ironman World
Championship Triathlon from 3:45 a.m. to 11 a.m. on October 8, 2023,
and October 14, 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 Fourteenth Coast Guard District, Sec.
100.1402, identifies the regulated area for this event. The regulated
area covers all navigable waters of Kailua Bay within 100 yards
adjacent to the 2.24 mile (4,224 yards) swim course, starting at the
shoreline northeast of Kailua Pier at 19[deg]38.341' N, 155[deg]59.782'
W; thence southeast to 19[deg]37.416' N, 155[deg]59.444' W; thence
southwest to 19[deg]37.397' N, 155[deg]59.500' W; thence northwest to
19[deg]38.150' N, 155[deg]59.760' W, thence north and back to Kailua
Pier at 19[deg]38.398' N, 155[deg]59.816' W, and returning along the
pier to the originating point on the shoreline at 19[deg]38.341' N,
155[deg]59.782' W. All datum are NAD 83. 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.
Entry into, transiting, or anchoring within the special local
regulation is prohibited unless authorized by the Captain of the Port
Honolulu or their designated on-scene representative. The Captain of
the Port's designated on-scene representative may be contacted via VHF
Channel 16.
In addition to this publication in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
the enforcement of this special local regulation via Broadcast Notice
to Mariners. The Captain of the Port Honolulu or their on-scene
representative may be contacted via VHF Channel 16.
Dated: August 13, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2023-17833 Filed 8-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.130862 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0521-0001/content.htm"
} |
USCG-2023-0524-0001 | Rule | 2023-06-22T04:00:00 | Safety Zone; Atlantic Ocean, Virginia Beach, VA | [Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Rules and Regulations]
[Pages 40713-40715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13269]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0524]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Virginia Beach, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within 200-yards of the Virginia Beach oceanfront.
The safety zone is needed to protect mariners from the potential
hazards which would result if a large congregation of spectator vessels
anchors in close proximity to a shoreside concert on the Virginia Beach
oceanfront. Entry of vessels or persons into this zone when it is
subject to enforcement is prohibited unless
[[Page 40714]]
specifically authorized by the Captain of the Port, Sector Virginia, or
their designated representative. Vessels within the zone must leave the
zone before any period of enforcement begins.
DATES: This rule is effective June 23, 2023, through June 25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0524 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
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 safety zone is needed for a
shoreside concert and immediate action is needed to protect mariners
from the potential safety hazards which could result if a large
congregation of vessels anchors in the vicinity of the concert,
creating unsafe conditions near the Virginia Beach oceanfront. It is
impracticable to publish an NPRM because we must establish this safety
zone by June 23, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
protect mariners from the potential safety hazards associated with
vessels congregating at the Virginia Beach oceanfront.
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 a shoreside concert starting
June 23, 2023, will be a safety concern for anyone within 200-yards of
the beach. This rule is needed to protect mariners, vessels, and the
marine environment in the navigable waters within the safety zone
during the 3-day concert.
IV. Discussion of the Rule
This rule establishes a safety zone which will be subject to
enforcement from 11 a.m. until midnight, each day from June 23-25,
2023. The safety zone will cover all navigable waters within 200 yards
of the Virginia Beach oceanfront shoreline bounded by the following
positions: 36[deg]49'49.20'' N, 075[deg]58'04.54'' W; 36[deg]49'49.3''
N, 075[deg]57'58.5'' W; 36[deg]50'13.2'' N, 075[deg]58'5.4'' W;
36[deg]50'13.2'' N, 075[deg]58'12.6'' W. The duration of the zone is
intended to protect mariners, vessels, and the marine environment in
these navigable waters during the 3-day concert. 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, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small, designated area of the Atlantic Ocean in an area where
vessel traffic is normally low. 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).
[[Page 40715]]
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 prohibit entry within 200 yards of the Virginia
Beach oceanfront shoreline. 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.
Accordingly, 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.T05-0524 to read as follows:
Sec. 165.T05-0524 Safety Zone; Atlantic Ocean, Virginia Beach, VA.
(a) Location. The following area is a safety zone: All waters of
the Virginia Beach oceanfront, from surface to bottom, encompassed by a
line connecting the following points: 36[deg]49'49.20'' N,
075[deg]58'04.54'' W; 36[deg]49'49.3'' N, 075[deg]57'58.5'' W;
36[deg]50'13.2'' N, 075[deg]58'5.4'' W; 36[deg]50'13.2'' N,
075[deg]58'12.6'' W. These coordinates are based on WGS 84 coordinates.
(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 Virginia (COTP) in the enforcement of the
safety zone. The term also includes Virginia Beach Police Marine Patrol
to permit passage into or through the safety zone listed in paragraph
(a) of this section, or to notify vessels and individuals that they
have entered a safety zone and are required to depart immediately.
(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. Vessels present must exit the safety
zone before the start of any period in which it is subject to
enforcement.
(2) To seek permission to enter, contact the Virginia Beach Police
Marine Patrol on VHF-FM Channel 13 or 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[s]. This section will be enforced from 11
a.m. to midnight each day from June 23-25, 2023.
Dated: June 15, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-13269 Filed 6-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.131948 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0524-0001/content.htm"
} |
USCG-2023-0527-0001 | Rule | 2023-06-29T04:00:00 | Safety Zone; San Francisco Giants Fireworks, San Francisco Bay, San Francisco, CA | [Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Rules and Regulations]
[Pages 42027-42028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13715]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0527]
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 July 3, 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 July 3, 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 July 3, 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 July 3, 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 July 3, 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 will be
enforced from 10 a.m. until 10:40 p.m. on July 3, 2023, or 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
[[Page 42028]]
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 Marine
Information Bulletin may be used to grant general permission to enter
the regulated area.
Dated: June 21, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco.
[FR Doc. 2023-13715 Filed 6-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.134499 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0527-0001/content.htm"
} |
USCG-2023-0528-0001 | Rule | 2023-07-21T04:00:00 | Safety Zone; Port of Los Angeles, San Pedro Bay, CA | [Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47022-47024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15535]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0528]
RIN 1625-AA00
Safety Zone; Port of Los Angeles, San Pedro Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the M/V ZHEN HUA 23 while it transits through the Port of Los
Angeles to Fenix Marine Services (FMS), Pier LA 302. This safety zone
is necessary to protect personnel, vessels, and the marine environment
from potential hazards associated with oversized cargo transfer
operations of two quay cranes and equipment, which will extend more
than 200 feet out from the transiting vessel. Entry of persons or
vessels into this safety zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Los Angeles-Long Beach, or
their designated representative.
DATES: This rule is effective from 7 a.m. July 20, 2023, to 12 p.m. on
July 22, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0528 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 Kevin Kinsella, 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 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 COTP was notified of the
impending arrival of the M/V ZHEN HUA 23 less than 30 days in advance
and immediate action is needed to respond to the potential safety
hazards associated with the transfer of large cranes within the Port of
Los Angeles. It is impracticable to publish an NPRM because we must
establish this safety zone by July 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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to ensure the safety of persons,
vessels, and the marine environment in the vicinity of the M/V ZHEN HUA
23 while conducting oversized cargo transfer operations at FMS, Pier LA
302, within the Port of Los Angeles.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Los Angeles-Long Beach has determined that potential
hazards
[[Page 47023]]
associated with the movement of ship to shore crane transfer operations
will be a safety concern for anyone within a 500-foot radius of the M/V
ZHEN HUA 23 during its transit to FMS, Pier LA 302, while the vessel is
within the Port of Los Angeles and the waters inside the Federal
breakwaters bounding San Pedro Bay or on the waters within three
nautical miles seaward of the Federal breakwaters, respectively. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
vessel offloads quay cranes in the Port of Los Angeles.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. July 20, 2023 to 12
p.m. on July 22, 2023 during the transit of the M/V ZEN HUA 23 to
berth. While the M/V ZHEN HUA 23 is within the Port of Los Angeles and
the waters inside the Federal breakwaters bounding San Pedro Bay or on
the waters within three nautical miles seaward of the Federal
breakwaters, respectively, the safety zone will encompass the navigable
waters around and under the vessel, from surface to bottom, within a
circle formed by connecting all points 500-feet out from the vessel.
The safety zone is needed to protect personnel, mariners, and vessels
from hazards associated with ship to shore gantry crane arms which will
extend more than 200 feet out from the transiting vessel. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the transfer operations are
active.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. Sector Los Angeles-Long Beach may be contacted on VHF-
FM Channel 16 or (310) 521-3801. The marine public will be notified of
the safety zone via Broadcast Notice to Mariners.
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-year of the safety zone. This rule
impacts an area of 500-feet surrounding a cargo vessel solely for its
transit to FMS, Pier LA 302, during the month of July 2023. This safety
zone impacts a 500-foot-radius area of the Port of Los Angeles and the
waters inside the Federal breakwaters bounding San Pedro Bay or on the
waters within three nautical miles seaward of the Federal breakwaters,
respectively for a limited duration. While the safety zone encompasses
a three-day period to account for uncertain transit delays of the M/V
ZHEN HUA 23, the safety zone will only be enforced for the duration of
the vessel's inbound transit to FMS, Pier LA 302. The transit is
expected to last less than 5 hours, and that period will be announced
via Broadcast Notice to Mariners. Vessel traffic will be able to safely
transit around this safety zone, which will impact a small, designated
area of the San Pedro Bay, Los Angeles, CA.
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.
[[Page 47024]]
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 encompassing an area extending 500-feet out from a cargo
vessel in vicinity of Fenix Marine Services and will last only for the
inbound transit. 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.T11-128 to read as follows:
Sec. 165.T11-128 Safety Zone; Port of Los Angeles, San Pedro Bay, CA.
(a) Location. The following area is a safety zone: all navigable
waters of the port of Los Angeles, from surface to bottom, within a
circle formed by connecting all points 500-feet out from the vessel, M/
V ZHEN HUA 23, during the vessel's transit within the Port of Los
Angeles and the waters inside the Federal breakwaters bounding San
Pedro Bay or on the waters within three nautical miles seaward of the
Federal breakwaters, respectively.
(b) Definitions. As used in this section, Designated representative
means a Coast Guard coxswain, petty officer, or other officer operating
a Coast Guard vessel designated by or assisting the Captain of the Port
Los Angeles-Long Beach (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 hailing Coast Guard Sector Los Angeles-Long Beach on
VHF-FM Channel 16 or calling at (310) 521-3801. 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 temporary safety zone will be enforced
from 7 a.m. July 20, 2023, to 12 p.m. July 22, 2023, only during the M/
V ZHEN HUA 23's inbound transit to Fenix Marine Services, Pier LA 302,
or as announced via Broadcast Notice to Mariners.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone via Local Notices to Mariners.
Dated: July 12, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2023-15535 Filed 7-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.136534 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0528-0001/content.htm"
} |
USCG-2023-0530-0001 | Proposed Rule | 2023-10-03T04:00:00 | Drawbridge Operation Regulation; Long Creek, Nassau County, NY |
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Proposed Rules]
[Pages 68031-68033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0530]
RIN 1625-AA09
Drawbridge Operation Regulation; Long Creek, Nassau County, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Loop Parkway Bridge across Long Creek, mile
0.7, Nassau County, NY. The bridge owner, New York State Department of
Transportation (NYSDOT), submitted a request to operate the bridge
under single leaf openings to perform bridge deck replacement. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before November 2, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0530 using Federal Decision Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone 212-514-4335, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (advance, supplemental)
Sec. Section
U.S.C. United States Code
NYSDOT New York State Department of Transportation
II. Background, Purpose, and Legal Basis
The Loop Parkway Bridge across Long Creek, mile 0.7, Nassau County,
NY, has a vertical clearance of 21 feet at mean high water and a
horizontal clearance of 75.5 feet at mean high water. Waterway
[[Page 68032]]
users include recreational and commercial vessels, including fishing
vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.799(f). NYSDOT is requesting a temporary rulemaking to operate
under single leaf openings while they perform bridge deck replacements.
NYSDOT has reached out to local mariners and notified them of the
proposed temporary rulemaking as well as outlined an alternate route
for larger vessels that may not be able to make passage under the
bridge with single leaf openings.
III. Discussion of Proposed Rule
The Loop Parkway Bridge will continue to operate under its regular
operating schedule found in 33 CFR 117.799(f). However, this proposed
rule will allow the bridge to operate under single leaf openings from
September 15, 2023, through May 15, 2024. For vessels that are too
large for single leaf openings, NYSDOT has set an alternate route.
Vessels that can pass without requesting a bridge opening may do so.
NYSDOT has reached phase 2 of the project which requires replacing the
bridge deck. The reason for this request is to allow the project to
progress while minimizing impact on mariners.
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 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 proposed 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). 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 ability of
vessels to still transit the bridge under singe leaf openings or may
transit through an alternate route.
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 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
bridge 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 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. 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 call for no 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 contact 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 will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are 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 proposed rule. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material
[[Page 68033]]
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-2023-0530 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 person in the FOR FURTHER INFORMATION
CONTACT section of this document 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. Selecting this option will enable notifications when comments
are posted, or if/when 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
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 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; and DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Section 117.799 is amended as follows:
0
a. Stay paragraph (f).
0
b. Add paragraph (j).
The addition reads as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(j) The draw of the Loop Parkway Bridge across Long Creek, mile
0.7, shall operate on single leaf openings until May 15, 2024. The draw
will open for commercial vessels engaged in commerce and shall open
Monday thru Friday from 6:20 a.m. to 9:50 a.m. and 3:20 p.m. to 7:20
p.m. on signal at 20 and 50 minutes after the hour, and on signal at
all other times. For all other vessels, the draw shall open on Monday
through Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and 50
minutes after the hour, and the draw shall open on Saturday, Sunday,
and Federal holidays from 7:20 a.m. to 8:20 p.m. on signal at 20 and 50
minutes after the hour, and on signal at all other times.
Dated: August 21, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-21753 Filed 9-28-23; 4:15 pm]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.138109 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0530-0001/content.htm"
} |
USCG-2023-0532-0001 | Proposed Rule | 2023-10-03T04:00:00 | Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY |
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Proposed Rules]
[Pages 68033-68035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21754]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0532]
RIN 1625-AA09
Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Meadowbrook State Parkway Bridge, mile 12.8,
across Sloop Channel, Nassau County, NY. The bridge owner, New York
State Department of Transportation (NYSDOT), submitted a request to
operate the bridge under single leaf openings to perform bridge deck
replacement. We invite your comments on this proposed rulemaking.
DATES: Comments and relate material must reach the Coast Guard on or
before November 2, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0532 using Federal Decision Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone 212-514-4335, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations [Delete/Add Any Abbreviations Not Used/Used
in This Document]
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
NYSDOT New York State Department of Transportation
II. Background, Purpose and Legal Basis
The Meadowbrook State Parkway Bridge across Sloop Channel, mile
12.8, Nassau County, NY, has a vertical clearance of 21 feet at mean
high water and a horizontal clearance of 75.5 feet at mean high water.
Waterway users include recreational and commercial vessels, including
fishing vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.799(h). NYSDOT is requesting a temporary rulemaking to operate
under single leaf openings while they perform bridge deck replacements.
NYSDOT has reached out to local mariners and notified them of the
proposed temporary rulemaking as well as outlined an alternate route
for larger vessels that may not be able to make passage under the
bridge with single leaf openings.
III. Discussion of Proposed Rule
The Meadowbrook State Parkway Bridge will continue to operate under
its regular operating schedule found in 33 CFR 117.799(f). However,
this proposed rule when made final would allow the
[[Page 68034]]
bridge to operate under single leaf openings until May 15, 2024. For
vessels that are too large for single leaf openings NYSDOT has set an
alternate route. Vessels that can pass without requesting a bridge
opening may do so. NYSDOT has reached phase 2 of the project which
requires replacing the bridge deck. The reason for this request is to
allow the project to progress while minimizing impact on mariners.
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 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 proposed 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, the NPRM has not been reviewed by the
Office of Management and Budget (OMB).
This regulatory action determination is based on the ability of
vessels to still transit the bridge under singe leaf openings or may
transit through an alternate route.
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 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
bridge 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 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 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. 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 call for no 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 contact 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 will not
result in such an expenditure, we do discuss the effects of this
proposed 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table3-1 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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-2023-0532 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 person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed
[[Page 68035]]
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. Selecting this
option will enable notifications when comments are posted, or if/when 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
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 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
0170.1, Revision No. 01.3.
0
2. Amend Sec. 117.799 by:
0
a. Staying paragraph (h) until 3:30 p.m. on May 15, 2024.
0
b. Adding paragraph (k).
The addition to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(k) The draw of the Meadowbrook State Parkway Bridge across Sloop
Channel, mile 12.8, shall operate on single leaf openings until May 15,
2024. The draw will open for commercial vessels engaged in commerce and
shall open Monday through Friday from 6:20 a.m. to 9:50 a.m. and 3:20
p.m. to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and on
signal at all other times. For all other vessels, the draw shall open
on Monday thru Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and
50 minutes after the hour, and the draw shall open on Saturday, Sunday,
and Federal holidays from 7:20 a.m. to 8:20 p.m. on signal at 20 and 50
minutes after the hour, and on signal at all other times.
Dated: August 21, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-21754 Filed 9-28-23; 4:15 pm]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.139334 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0532-0001/content.htm"
} |
USCG-2023-0536-0001 | Rule | 2023-07-19T04:00:00 | Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie; Sandusky, OH | [Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46073-46075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15227]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0536]
RIN 1625-AA08
Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie;
Sandusky, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish and enforce a special local
regulation for the Ironman 70.3 Ohio Triathlon from 4:30 a.m. through
10 a.m. on July 23. 2023. This special local regulation is necessary to
safely control vessel movements in the vicinity of the triathlon and
provide for the safety of the general boating public and commercial
shipping. During this enforcement period, no person or vessel may enter
the regulated area without the permission of the Coast Guard Patrol
Commander.
DATES: This special local regulation will be enforced from 4:30 a.m.
through 10 a.m. on July 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0536 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 the Command Duty Officer, MST1 Karl Dirksmeyer, Marine
Safety Unit
[[Page 46074]]
Toledo, Coast Guard; telephone (419) 392-0324, 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 final 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 this special local
regulation by July 23, 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. Delaying the effective date of
this regulation would be impracticable.
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 Detroit (COTP) has determined that
potential hazards associated with the Ironman 70.3 Ohio Triathlon on
July 23, 2023, will be a safety concern within 400 yards of the Dock
Channel from the Jackson Street Pier to the Shelby Street Boat Launch
for five and a half hours. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters near the
Jackson St. Pier, Sandusky, OH.
IV. Discussion of the Rule
This rule establishes a special local regulation from 4:30 a.m.
through 10 a.m. on July 23, 2023. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: all U.S.
navigable waters of Lake Erie within a 400 yard radius of the dock
channel in Sandusky Bay in Sandusky, OH, between the Jackson Street
Pier and the Shelby Street Boat Launch. The COTP or his designated on-
scene representative will notify the public of the enforcement of this
rule by all appropriate means, including a Broadcast Notice to
Mariners.
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 special local regulation.
Vessel traffic will not be able to safely transit around this regulated
area which would impact a small designated area of Sandusky Bay for a
short duration, during the morning 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
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
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
[[Page 46075]]
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 special local
regulation lasts five and one half hours that will prohibit entry
within 400 yard radius of the Dock Channel in Sandusky Bay, between the
Jackson Street Pier and the Shelby Street Boat Launch. It is
categorically excluded from further review under paragraph L[61] 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 100
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 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.T05-911 to read as follows:
Sec. 100.T05-911 Special Local Regulations; Ironman 70.3 Triathlon,
Lake Erie; Sandusky Bay, OH.
(a) Location. This special local regulation lasts 5.5 hours and
will limit entry within the navigable waters of Sandusky Bay within a
within a 400-yard radius of the Dock Channel between located at
position 41[deg]27'36.48'' N, 082[deg]42'54.84'' W and
41[deg]27'25.05'' N, 082[deg]43'26.64'' W. All geographic coordinates
are North American Datum of 1983 (NAD 83).
(b) Enforcement Period. The regulation will be enforced from 4:30
a.m. through 10 a.m. on July 23, 2023. The Captain of the Port Detroit
will announce specific enforcement periods by Broadcast Notice to
Mariners (BNM).
(c) Regulations.
(1) In accordance with the general regulations in Sec. 100.911(b),
No vessel may enter, transit through, or anchor within the regulated
area without the permission of the Coast Guard Patrol Commander.
(2) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. Vessel operators given permission to enter or
operate within the regulated area must comply with all directions given
to them by the Coast Guard Patrol Commander.
Dated: July 13, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-15227 Filed 7-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.140070 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0536-0001/content.htm"
} |
USCG-2023-0542-0001 | Rule | 2023-08-22T04:00:00 | Safety Zones: Savannah River, M/V Biglift Barentsz, Savannah, GA |
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57004-57006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18008]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0542]
RIN 1625-AA00
Safety Zones; Savannah River, M/V BIGLIFT BARENTSZ, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones for
navigable waters of the Savannah River, within a 500-yard radius around
Motor Vessel (M/V) BIGLIFT BARENTSZ. The safety zones are needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the transit through the Savannah River to Georgia
Port Authority Garden City Terminal Berth No. 1 while carrying large
cranes, and for the offload of those cranes to the facility. Entry of
vessels or persons into the safety zones are prohibited unless
specifically authorized by the Captain of the Port Savannah or a
designated representative.
DATES: This rule is effective from 7 a.m. on August 24, 2023 through
11:59 p.m. on September 11, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0542 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 First Class Kellyn Starkey,
Shoreside Compliance, Marine Safety Unit Savannah, U.S. Coast Guard;
telephone 912-652-4353, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
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
[[Page 57005]]
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. It is impracticable to publish an NPRM because we must establish
safety zones by August 24, 2023. The Motor Vessel (M/V) BIGLIFT
BARENTSZ will be transiting through the Savannah River to Georgia Port
Authority Garden City Terminal Berth No. 1 while carrying large cranes,
and for the offloading of those cranes to the facility. Immediate
action is necessary to protect the safety of the public, and vessels
transiting the waters of the Savannah River during the planned movement
and obstruction created by oversized cranes.
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 potentical safety hazards associated with the potential
hazards associated with the transit and offload of gantry cranes from
M/V BIGLIFT BARENTSZ.
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 transit and offload of gantry
cranes from M/V BIGLIFT BARENTSZ scheduled for August 24, 2023, through
September 11, 2023, will be a safety concern for anyone within a 500-
yard radius of the vessel. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zones while the vessel is transiting the Savannah River and
offloading gantry cranes.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from August 24,
2023 through September 11, 2023. A moving and fixed temporary safety
zone will be established for the vessel M/V BIGLIFT BARENTSZ while it
is in the Savannah River and would cover all navigable waters within
500 yards of the vessel, up to Georgia Port Authority Garden City
Terminal Berth No. 1, and during offload of the cranes. The moving
temporary safety zone would only be enforced while the vessel is
transiting, and the fixed temporary safety zone will be enforced while
it is discharging the cranes. This safety zone may last until September
11, 2023, but it will not be enforced after the cranes have been
removed from the vessel. The safety zones are needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the movement and obstruction hazard of two oversized cranes
transiting the Savannah River, and when the vessel is moored to that
facility. 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, 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 scope of the safety zones. The safety zones are limited in size,
location, and duration as it will cover all navigable waters of the
Savannah River within 500 yards of the M/V/BIGLIFT BARENTSZ while it is
underway with cranes onboard, and while it is moored to the terminal,
and discharging its cargo. The safety zones are limited in scope as
vessel traffic may be able to safely transit around the safety zones
and vessels may seek permission from the COTP to enter the safety
zones. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety 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 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.
[[Page 57006]]
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 safety
zones within 500 yards of M/V BIGLIFT BAFFIN during transit and offload
of cranes. 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.T07-0542 to read as follows:
Sec. 165.T07-0542 Safety Zone; Savannah River, M/V BIGLIFT BARENTSZ,
Savannah, GA.
(a) Location. The following areas are safety zones:
(1) A moving safety zone that includes all navigable waters of the
Savannah River, within a 500-yard radius of the Motor Vessel (M/V)
BIGLIFT BARENTSZ while transiting the Savannah River and laden with
oversized cranes.
(2) A fixed zone that includes all navigable waters of the Savannah
River, within a 500-yard radius of vessel M/V BIGLIFT BARENTSZ while
moored at Georgia Port Authority Garden City Terminal Berth No. 1 and
laden with oversized cranes.
(b) Definition. 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) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP Savannah by
telephone at (912) 247-0073, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted by the COTP Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
(d) Effective period. This section is effective from August 24,
2023, through September 11, 2023.
(e) Enforcement period. The moving safety zone will be enforced
while the vessel M/V BIGLIFT BARENTSZ is transiting with the cranes
embarked. The fixed safety zone will be enforced while the vessel M/V
BIGLIFT BARENTSZ is moored at the facility, and the cranes are onboard.
Dated: August 16, 2023.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-18008 Filed 8-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.142043 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0542-0001/content.htm"
} |
USCG-2023-0544-0001 | Rule | 2023-07-03T04:00:00 | Safety Zone; Corpus Christi Bay, Corpus Christi, TX | [Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42619-42621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14079]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0544]
RIN 1625-AA00
Safety Zone; Corpus Christi Bay, Corpus Christi, 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 Corpus Christi Bay. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display launched from a barge
in the Corpus Christi Bay in Corpus Christi, 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 p.m. through 10 p.m. on July 4,
2023.
[[Page 42620]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0544 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 Corpus Christi Bay.
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, occurring from 9 p.m. through 10 p.m. on July 4, 2023, will be
a safety concern for anyone within the waters of the Corpus Christi Bay
area within a 1000 foot radius from the following point;
27[deg]47'34.39'' N, 97[deg]23'6.77'' W. The purpose of this rule is to
ensure the safety of vessels and persons on these navigable waters in
the safety zone while the display of the fireworks takes place in the
Corpus Christi Bay.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the night of July
1st, 2023. The safety zone will encompass certain navigable waters of
the Corpus Christi Bay and is defined by a 1000 foot radius around the
launching platform. The regulated area encompasses a 1000 foot radius
from the following point; 27[deg]47'34.39'' N, 97[deg]23'6.77'' W. The
fireworks display will take place in the waters of the Corpus Christi
Bay. 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, 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 the short period of one hour, on the night of July
4, 2023. The zone is limited to a 1000 foot radius from the launching
position of in the navigable waters of the Corpus Christi Bay. 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).
[[Page 42621]]
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 Corpus Christi Bay in a zone defined
by a 1000 foot radius from the following coordinate: 27[deg]47'34.39''
N, 97[deg]23'6.77'' 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 Corpus Christi 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 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.T08-0544 to read as follows:
Sec. 165.T08-0544 Safety Zone; Corpus Christi Bay, Corpus Christi,
TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Corpus Christi Bay encompassed by a 1000 foot radius from
the following point; 27[deg]47'34.39'' N, 97[deg]23'6.77'' W.
(b) Enforcement period. This section is subject to enforcement from
9:00 p.m. through 10:00 p.m. on July 4, 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 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 27, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-14079 Filed 6-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.143521 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0544-0001/content.htm"
} |
USCG-2023-0552-0001 | Rule | 2023-07-03T04:00:00 | Safety Zones in Reentry Sites; Jacksonville, Daytona, and Canaveral, Florida | [Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Page 42619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14156]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0552]
Safety Zones in Reentry Sites; Jacksonville, Daytona, and
Canaveral, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is activating three safety zones for the
Commercial Resupply Services (CRS-28) 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 Jacksonville
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 Lieutenant Griffin Terpstra,
Sector Jacksonville, Waterways Division, U.S. Coast Guard; telephone
904-714-7616, email [email protected].
SUPPLEMENTARY INFORMATION: With this document, the Coast Guard Captain
of the Port (COTP) Jacksonville is activating a portion of the safety
zone as listed in 33 CFR 165.T07-0806(a)(1), and the safety zones
listed in (a)(2) and (a)(3) on June 30, 2023 through July 4, 2023, for
the CRS-28 Commercial Crew mission reentry vehicle splashdown, and the
associated recovery operations in the U.S. EEZ. These safety zones are
located within the COTP Jacksonville Area of Responsibility (AOR)
offshore of Jacksonville, Daytona, and Cape Canaveral, Florida. The
Coast Guard is activating these safety 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 COTP
Jacksonville 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 two other safety zones listed in Sec. 165.T07-0806(a)(4)
and (a)(5), which are located within the COTP St. Petersburg 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-2023-0551, and USCG-2023-0553.\1\
---------------------------------------------------------------------------
\1\ These notifications of enforcement of the regulation can be
found at: https://regulations.gov by searching for docket number
USCG-2023-0551, and USCG-2023-0553.
---------------------------------------------------------------------------
Twenty-four hours prior to the CRS-28 recovery operations, the COTP
Jacksonville, the COTP Savannah, the COTP St. Petersburg, or designated
representative will inform the public that whether any of the five
safety zones described in Sec. 165.T07-0806, paragraph (a), will
remain activated (subject to enforcement). If one of the safety zones
described in Sec. 165.T07-0806, paragraph (a), remains activated it
will be enforced for four hours prior to the CRS-28 splashdown and
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-28 reentry vehicle splashdown, the COTP 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 COTP 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: June 29, 2023.
Janet Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-14156 Filed 6-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.144624 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0552-0001/content.htm"
} |
USCG-2023-0560-0001 | Rule | 2023-07-17T04:00:00 | Safety Zone; Presque Isle Bay, Erie, PA | [Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Rules and Regulations]
[Pages 45338-45339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0560]
RIN 1625-AA00
Safety Zone; Presque Isle Bay, Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 350-foot radius of the northern point of
Dobbin's Landing on Presque Isle Bay, Lake Erie. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by fallout of the fireworks display. During
the enforcement period, entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Sector Buffalo.
DATES: This rule is effective from 8:45 through 9:45 p.m. on August 8,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0560 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 Kelley, Waterways Management at Sector
Buffalo, U.S. Coast Guard; telephone 716-843-9343, 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 did not submit
notice of the fireworks display to the Coast Guard with sufficient time
remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would be
impracticable and contrary to the public interest by inhibiting the
Coast Guard's ability to protect spectators and vessels from the
hazards associated with this firework display.
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, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.
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) Buffalo has determined that
fireworks over the water presents significant risks to public safety
and property. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the fireworks display is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:45 through 9:45 p.m. on
August 8, 2023. The safety zone will cover all navigable waters of
Presque Isle Bay, Lake Erie within a 350-foot radius of the fireworks
launch site at 42[deg]8'19.6008'' N 80[deg]5'29.2806'' W. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment from potential hazards created by fallout of 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 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 characteristics of
the safety zone. The safety zone will encompass a 350-foot radius of
land launched fireworks on Presque Isle Bay in Erie, PA lasting
approximately one 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 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
[[Page 45339]]
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 approximately one hour that will prohibit entry
within 350-foot radius of a land launched fireworks display. 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.T09-0560 to read as follows:
Sec. 165.T09-0560 Safety Zone; Lake Erie, Erie, PA.
(a) Location. The following area is a safety zone: All waters of
Presque Isle Bay, from surface to bottom, encompassed by 350-foot
radius around 42[deg]8'19.6008'' N 80[deg]5'29.2806'' W.
(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 of Buffalo (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the COTP Buffalo or
their designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or their designated representative
to obtain permission to do so. The COTP Buffalo or their designated
representative may be contacted via VHF Channel 16.
(d) Enforcement period. The regulated area described in paragraph
(a) of this section is effective from 8:45 through 9:45 p.m. on August
8, 2023.
Dated: July 10, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Sector Buffalo.
[FR Doc. 2023-15028 Filed 7-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.145596 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0560-0001/content.htm"
} |
USCG-2023-0563-0001 | Rule | 2023-08-11T04:00:00 | Special Local Regulations; Marine Events Within the Fifth Coast Guard District—Atlantic City, NJ |
[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Rules and Regulations]
[Page 54487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17223]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Rules
and Regulations
[[Page 54487]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0563]
Special Local Regulations; Marine Events Within the Fifth Coast
Guard District--Atlantic City, NJ
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the Atlantic City Triathlon on August 12, 2023, 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 in Atlantic City, NJ. 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 100.501 for Atlantic City, NJ, will be
enforced for the regulated areas listed in table 1 to paragraph (i)(1)
of Sec. 100.501 for the Triathlons in Atlantic City from 6:30 a.m. to
10 a.m. on August 12, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Petty Officer Christopher
Payne, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone: 215-271-4889, Email: [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.501 for the Triathlons in Atlantic City
regulated Area from 6:30 a.m. to 10 a.m. on August 12, 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 Triathlons in Atlantic City which
encompasses portions of the New Jersey Intracoastal Waterway. As
reflected in Sec. 100.501(d)(2), 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.
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: July 24, 2023.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-17223 Filed 8-10-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.146414 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0563-0001/content.htm"
} |
USCG-2023-0564-0001 | Rule | 2023-07-21T04:00:00 | Safety Zone, Upper Mississippi River MM 660.5–659.5, Lansing, IA | [Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47020-47022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15559]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-USCG-2023-0564]
RIN 1625-AA00
Safety Zone, Upper Mississippi River MM 660.5-659.5, Lansing, IA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Upper Mississippi River at Mile Marker (MM)
660.5 through 659.5. The safety zone is needed to protect personnel,
vessels, and the marine environment from all potential hazards
associated with the implosion of the Lansing Power Station. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative.
DATES: This rule is effective from July 21, 2023, through August 15,
2023. This rule will be enforced July 22, 2023, and August 5, 2023, the
planned dates of implosion. If circumstances require, this rule may be
additionally enforced any day in which it is in effect.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0564 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-
2560, 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 a temporary safety zone must be
established immediately to protect personnel, vessels, and the marine
environment from potential hazards created by the use of explosives for
the implosion of the power plant and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule. It is impracticable to publish an NPRM because we
must establish this safety zone by July 21, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated the use of
explosives for the implosion of the Lansing Power Station.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The
[[Page 47021]]
Captain of the Port Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with the use of explosions
for the implosion of the Lansing Power Plant will be a safety concern
for anyone operating or transiting within the Upper Mississippi River
from MM 660.5 through 659.5. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the implosion is being conducted.
IV. Discussion of the Rule
The Lansing Power Plant, located between MM 660.5 and 659.5, will
be imploded using explosives. The planned dates of implosion are July
22, 2023, and August 5, 2023. The safety zone is designed to protect
waterway users until work is complete.
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 USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. 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, as well as
reductions in the size of the safety zone through Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety
Marine Information Broadcast (SMIB), 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 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 a safety zone
located on the Upper Mississippi River at MM 660.5-659.5, near Lansing,
IA. The Safety Zone is expected to be active only during the implosion
events, until August 15, 2023.
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 because the zone will be enforced only when
work is being conducted.
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 encompassing the width of the Upper Mississippi River at MM
660.5-659.5. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01,
[[Page 47022]]
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.T08-0257 to read as follows:
Sec. 165.T08-0257 Safety Zone; Upper Mississippi River, Mile Markers
660.5-659.5, Lansing, IA.
(a) Location. The following area is a safety zone: all navigable
waters within Upper Mississippi River, Mile Markers 660.5-659.5,
Lansing, IA.
(b) Definitions. As used in this section, designated representative
means a commissioned, warrant, or petty officer of the U.S. Coast Guard
(USCG) assigned to units under the operational control of USCG Sector
Upper Mississippi River.
(c) Regulations. (1) In accordance with the general safety zone
regulations in Sec. 165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section is prohibited
unless authorized by the COTP or a designated representative.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Enforcement period and informational broadcasts. This section
is subject to enforcement from July 21, 2023, through August 15, 2023.
The COTP or a designated representative will inform the public of the
effective period for the safety zone and all dates and times of
enforcement, as well as reductions in size or scope of the safety zone
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB) as
appropriate. The COTP or a designated representative will inform the
public through those same means of the termination of enforcement if
enforcement of the zone is no longer required prior to the rule's
termination.
Dated: July 18, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-15559 Filed 7-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.147407 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0564-0001/content.htm"
} |
USCG-2023-0565-0001 | Rule | 2023-07-20T04:00:00 | Safety Zone: St. Johns River, Jacksonville, FL | [Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46689-46691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15444]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0565]
RIN 1625-AA00
Safety Zone; St. Johns River, Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Atlantic Ocean and the St. Johns River around
the Motor Vessel (M/V) ZHENG HOU 28. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the transit of the heavy lift vessel through the St.
John's River. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector
Jacksonville or designated representative.
DATES: This temporary interim rule is effective without actual notice
from July 20, 2023, through 11:59 p.m. on May 31, 2024. For the
purposes of enforcement, actual notice will be used from 12:01 a.m. on
July 16, 2023 July 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0565 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 First Class Anthony DeAngelo,
Waterways Management division, U.S. Coast Guard; telephone 904-714-
7631, 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 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 July 16,2023, in order to protect vessels and waterway
users from the potential hazards associated with the transit of a large
vessel carrying oversized gantry cranes.
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
interest because immediate action is needed to ensure the protection of
vessels and waterway users in during the transit of the vessel, and
during the offload and installation of the cranes.
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 Sector Jacksonville (COTP) has
determined that potential hazards associated with the transit of the
Motor Vessel (M/V) ZHENG HOU 28, and during the offloading of its
cargo, and their installation onto the port. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the vessel is within the St. John's
River.
IV. Discussion of the Rule
This rule establishes a safety zone from 12:01 a.m. on July 16,
2023 until 11:59 p.m. on December 31, 2023. A moving and fixed
temporary safety zone will be established for the vessel M/V ZHENG HOU
28. The moving safety zone will cover all navigable waters of the
Atlantic Ocean and the St. Johns River within a 100-yard diameter of
the vessel from the time the vessel passes the St. Johns River Sea
Buoy, until the vessel is moored at Blount Island. The fixed safety
zone will cover all navigable waters of the St. Johns River, within 25
yards of the vessel, while it is moored at Blount Island. The duration
of the safety zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the vessel is within
the limits of the St. John's River. 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 size of the safety zone
is small, as it only covers a limited area of the St. John's River and
Atlantic Ocean, immediately surrounding the vessel. Further the zone
shrinks even further once the vessel is moored at Blount Island, FL.
The duration of the zone is intended to ensure the safety of vessels
through the duration of the vessel's inbound and
[[Page 46690]]
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
moving temporary safety zone within 100-yard diameter safety zone of
the vessel M/V ZHENG HOU 28 and a fixed temporary safety zone within 25
yards of the vessel, while it is moored at Blount Island. 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.
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-2023-0565 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 temporary interim rule for
alternate instructions.
Viewing material in docket. To view documents mentioned in this
temporary interim 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 temporary interim 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 temporary interim rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive.
[[Page 46691]]
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.T07-0565 to read as follows:
Sec. 165.T07-0565 Transit of the M/V ZHENG HOU 28, St. John's River,
FL.
(a) Location. The following areas are temporary safety zones:
(1) All waters of the Atlantic Ocean and the St. John's River, FL,
from surface to bottom, that are within 100 yards when the vessel M/V
ZHENG HOU 28 is transiting inbound from the St. Johns River Sea Buoy,
until it is moored to Blount Island.
(2) All waters of the St. John's River, FL, from surface to bottom
to within 25 yards of the vessel M/V ZHENG HOU 28, while the vessel is
moored to Blount Island, FL.
(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 Jacksonville (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 Jacksonville by telephone at (904) 714-7557, 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 Jacksonville or a designated representative.
(d) Enforcement period. This section will be enforced from 12:01
a.m. on July 16, 2023 through 11:59 p.m., on December 31, 2023.
Dated: July 14, 2023.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-15444 Filed 7-17-23; 4:15 pm]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.148595 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0565-0001/content.htm"
} |
USCG-2023-0568-0001 | Notice | 2023-07-25T04:00:00 | Certificate of Alternative Compliance for the USAV BRANDY STATION | [Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47890-47891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15711]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0568]
Certificate of Alternative Compliance for the USAV BRANDY STATION
AGENCY: Coast Guard, DHS.
ACTION: Notification of issuance of a certificate of alternative
compliance.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard announces that the Chief of the Prevention
Division, Fifth Coast Guard District, has issued a certificate of
alternative compliance from the International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), for the USAV BRANDY
STATION, O.N. CG1045736. We are issuing this notice because its
publication is required by statute. Due to the construction and
placement of the forward masthead light, USAV BRANDY STATION cannot
fully comply with the light, shape, or sound signal provisions of the
72 COLREGS without interfering with the vessel's design and
construction. This notification of issuance of a certificate of
alternative compliance promotes the Coast Guard's marine safety
mission.
DATES: The Certificate of Alternative Compliance was issued on July 10,
2023.
FOR FURTHER INFORMATION CONTACT: For information or questions about
this notice call or email Mr. Julio A. Martinez, Marine Safety
Specialist, Prevention Division, Fifth Coast Guard District, U.S. Coast
Guard; telephone (757) 398-6689, email [email protected].
SUPPLEMENTARY INFORMATION: The United States is signatory to the
International Maritime Organization's International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The
special construction or purpose of some vessels makes them unable to
comply with the light, shape, or sound signal provisions of the 72
COLREGS. Under statutory law, however, specified 72 COLREGS provisions
are not applicable to a vessel of special construction or purpose if
the Coast Guard determines that the vessel cannot comply fully with
those requirements without interfering with the special function of the
vessel.\1\
---------------------------------------------------------------------------
\1\ 33 U.S.C. 1605.
---------------------------------------------------------------------------
The owner, builder, operator, or agent of a special construction or
purpose vessel may apply to the Coast Guard District Office in which
the vessel is being built or operated for a
[[Page 47891]]
determination that compliance with alternative requirements is
justified,\2\ and the Chief of the Prevention Division would then issue
the applicant a certificate of alternative compliance (COAC) if he or
she determines that the vessel cannot comply fully with 72 COLREGS
light, shape, and sound signal provisions without interference with the
vessel's special function.\3\ If the Coast Guard issues a COAC, it must
publish notice of this action in the Federal Register.\4\
---------------------------------------------------------------------------
\2\ 33 CFR 81.5.
\3\ 33 CFR 81.9.
\4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
---------------------------------------------------------------------------
The Chief of the Prevention Division, Fifth Coast Guard District,
certifies that the USAV BRANDY STATION, O.N. CG1045736 is a vessel of
special construction or purpose, and that, with respect to the vertical
height of the forward masthead light, it is not possible to comply
fully with the requirements of the provisions enumerated in the 72
COLREGS, without interfering with the normal operation, construction,
or design of the vessel. The Chief of the Prevention Division, Fifth
Coast Guard District, further finds and certifies that the forward
masthead light's vertical height above the hull of 8.08 meters, is in
the closest possible compliance with the applicable provisions of the
72 COLREGS.\5\
---------------------------------------------------------------------------
\5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
---------------------------------------------------------------------------
This notice is issued under authority of 33 U.S.C. 1605(c) and 33
CFR 81.18.
Dated: July 14, 2023.
Matthew J. Meskun,
Captain, U.S. Coast Guard, Chief, Prevention Division, Fifth Coast
Guard District.
[FR Doc. 2023-15711 Filed 7-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.149824 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0568-0001/content.htm"
} |
USCG-2023-0569-0001 | Rule | 2023-07-19T04:00:00 | Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX | [Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46075-46077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15026]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0569]
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 the
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 July 19, 2023
until July 25, 2023. For the purposes of enforcement, actual notice
will be used from July 10, 2023, until July 19, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about 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. The Coast Guard
must establish these security zones by July 10, 2023 to ensure security
of these vessels and lacks 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 may issue security zone regulations under authority
in 46
[[Page 46076]]
U.S.C. 70051 and 70124. The Captain of the Port Sector Corpus Christi
(COTP) has determined that potential hazards associated with the
transit of the Motor Vessel (M/V) IRENE A, M/V CELSIUS CAROLINA and M/V
ADRIANO KNUTSEN, 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 of 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 July 10, 2023 through July
25, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing three 500-yard radius temporary
moving security zones around M/V IRENE A, M/V CELSIUS CAROLINA and M/V
ADRIANO KNUTSEN. The vessel names will be clearly marked on the port,
starboard, and stern. The zones for the vessels will be enforced from
July 10, 2023, through July 25, 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, who will be on scene to
enforce the security zone. 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 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,
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 the La Quinta Channel as the vessels
transit the channel over a seven 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
[[Page 46077]]
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 IRENE A, M/V CELSIUS CAROLINA and M/V
ADRIANO KNUTSEN 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 IRENE A, M/V CELSIUS CAROLINA and M/V ADRIANO
KNUTSEN while the vessels are transiting loaded within Corpus Christi
Ship Channel and La Quinta Channel. It is categorically excluded from
further review under L60(a) 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.T08-0569 to read as follows:
Sec. 165.T08-0569 Security Zones; Corpus Christi Ship Channel. Corpus
Christi, TX.
(a) Location. The following areas are moving security zones: All
navigable waters encompassing a 500-yard radius around the M/V IRENE A,
M/V CELSIUS CAROLINA and M/V ADRIANO KNUTSEN while the vessels are in
the Corpus Christi Ship Channel and La Quinta Channel.
(b) Effective period. This section will be enforced from July 10,
2023, through July 25, 2023.
(c) Regulations. (1) The general regulations in Sec. 165.33 of
this part apply. Entry into the safety zones 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. 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: July 10, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-15026 Filed 7-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.150753 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0569-0001/content.htm"
} |
USCG-2023-0572-0001 | Rule | 2023-08-25T04:00:00 | Safety Zone; Lake of the Ozarks, Mile Marker 8, Lake Ozark, MO |
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58104-58106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18372]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0572]
RIN 1625-AA00
Safety Zone; Lake of the Ozarks, Mile Marker 8, Lake Ozark, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a 560-foot radius of a fireworks launch
barge at Mile Marker (MM) 8 on Lake of the Ozarks. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the fireworks display. Entry of vessels or
persons into the 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 from 9 p.m. on August 25, 2023, through
9:30 p.m. on August 26, 2023. This rule will be enforced from 9 p.m. to
9:30 p.m. on August 25, 2023, or, if necessary due to inclement
weather, on August 25, from 9 p.m. to 9:30 p.m. on August 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 58105]]
www.regulations.gov, type USCG-2023-0572 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 we must establish this safety zone by
August 25, 2023, 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 the fireworks display on the Lake of the Ozarks.
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 the Super Cat
Fireworks Display, on August 25, 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 display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. until 9:30 p.m. on
August 25, 2023. The safety zone will cover all navigable waters within
a 560-foot radius of a fireworks launch barge located at mile marker 8
on the Lake of the Ozarks. 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 transit the safety zone without obtaining permission
from the COTP or a 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, as well as reductions in the size of the safety zone
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB), 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 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, duration
and location of the safety zone. The safety zone is for a fireworks
display that impacts a 560 ft radius of a fireworks barge located at
Lake of the Ozarks MM 8 on August 25, 2023 from 9 p.m. to 9:30 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.
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 because the zone will be enforced only when
work is being conducted.
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 58106]]
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 encompassing lasting from 9 p.m. to 9:30 p.m. that will
prohibit entry around a 560 ft radius of a fireworks barge at Lake of
the Ozarks MM 8. 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.T08-0572 to read as follows:
Sec. 165.T08-0572 Safety Zone; Lake of the Ozarks, Mile Marker 8.
(a) Location. The following area is a safety zone: all navigable
waters extending 560 feet in all directions around a firework launch
barge at Mile Marker 8 in the main channel on the Lake of the Ozarks.
(b) Regulations. (1) In accordance with the general safety zone
regulations in Sec. 165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section 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 Upper Mississippi River.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(c) Informational broadcasts. 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, as well as reductions in size or scope of the safety zone
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB) as
appropriate.
(d) Enforcement period: This safety zone will be enforced from 9
p.m. to 9:30 p.m. on August 25, 2023, with a rain date of August 26,
2023.
Dated: August 22, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-18372 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.152304 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0572-0001/content.htm"
} |
USCG-2023-0580-0001 | Rule | 2023-07-31T04:00:00 | Safety Zone; Lake Erie, Cleveland, OH | [Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49290-49292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16153]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0580]
RIN 1625-AA00
Safety Zone; Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Lake Erie. This action is necessary to provide for
the safety of life on navigable waters near Cleveland, OH, during the
Tri CLE Rock and Roll Run which will be held on August 11 and 12, 2023.
This rule will prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port Buffalo.
DATES: This rule is effective from 11:45 a.m. on August 11, 2023,
through 12:15 p.m. on August 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0580 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 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
COTP Caption of the Port
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 insufficient time remains
before the event to publish an NPRM and receive public comments 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 of
this rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
participants in these navigable waters before, during, and after the
swim portion of the Tri CLE Rock and Roll Run triathlon.
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 Buffalo has determined a
safety zone is needed to protect swimmers on August 11 and 12, 2023 who
will be participating in the triathlon located in the North Coast
Harbor in Cleveland, Ohio.
IV. Discussion of the Rule
This rule establishes a safety zone from 11:45 a.m. through 2:15
p.m. on August 11, 2023, and again from 4:45 a.m. through 12:15 p.m. on
August 12, 2023. The safety zone will cover all navigable waters in the
North Coast Harbor and into the East Basin Channel on Lake Erie in
Cleveland, OH. The zone may require enforcement beyond the stated times
in the event the triathlon runs into unforeseen delays. The boundaries
of the safety zone will 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[deg]41'39'' W; (4) 41[deg]30'27'' N,
081[deg]41'47'' W (NAD 83).
The COTP Buffalo has determined a safety zone is needed to protect
participants before, during, and after the swim portion of the Tri CLE
Rock and Roll Run triathlon. 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 the need 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.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 49291]]
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
establishment of a temporary safety zone 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. It is
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
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.T09-0580 to read as follows:
Sec. 165.T09-0580 Safety Zone; Tri CLE Rock and Roll Run, Lake Erie,
Cleveland, OH.
a. Location. Cleveland, OH. All U.S. waters of Lake Erie and
Cleveland Harbor within 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[deg] 41' 39'' W; (4) 41[deg]30'27'' N,
081[deg]41'47'' W (NAD 83).
b. Enforcement Period. This section will be enforced from 11:45
a.m. through 2:15 p.m. on August 11, 2023, and from 4:45 a.m. through
12:15 p.m. on August 12, 2023.
c. 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 Captain of the Port Sector
Buffalo, (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
d. 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 designated or assigned by
the COTP Sector Buffalo, to patrol the event.
[[Page 49292]]
(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 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 areas
specified in this chapter, 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) The Patrol Commander will terminate enforcement of the special
regulations at the conclusion of the event.
Dated: July 25, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-16153 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.153123 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0580-0001/content.htm"
} |
USCG-2023-0582-0001 | Notice | 2023-08-07T04:00:00 | National Navigation Safety Advisory Committee; Vacancies |
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52190-52191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16749]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0582]
National Navigation Safety Advisory Committee; Vacancies
AGENCY: U.S. 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 Navigation Safety Advisory Committee
(Committee). This Committee advises the Secretary of Homeland Security
and the Coast Guard on matters relating to maritime collisions,
allisions, and groundings; Inland Rules of the Road; International
Rules of the Road; navigation regulations and equipment, routing
measures, marine information, and aids to navigation systems.
DATES: Completed applications should reach the U.S. Coast Guard on or
before October 6, 2023.
ADDRESSES: Applications must include: (a) a cover letter expressing
interest in an appointment to the National Navigation Safety Advisory
Committee, (b) a resume detailing the applicant's relevant experience
for the position applied for, and (c) a brief biography. Applications
should be submitted via email with subject line ``NNAVSAC Committee
Application'' to [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. George Detweiler, Alternate
Designated Federal Officer of the National Navigation Safety Advisory
Committee; telephone 202-372-1566 or email at
[email protected].
SUPPLEMENTARY INFORMATION: The National Navigation Safety 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. 15107. In
accordance with 46 U.S.C. 15109(a), the Committee is required to hold
meetings at least once a year. We expect the Committee to meet at least
twice a year, but it may meet even more. The meetings may be held
virtually or 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. The only compensation
the members may receive is for travel expenses, including per diem in
lieu of subsistence, and/or actual and reasonable expenses incurred in
the performance of their direct duties at the Committee 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 a Committee Members, we will consider
applications for two (2) positions to be selected from the following
membership categories:
a. Commercial vessel owners or operators
b. Professional mariners
c. Recreational boaters
d. The recreational boating industry
e. State agencies responsible for vessel or port safety
f. The Maritime Law Association
Each member of the Committee must have expertise, knowledge, and
experience in matters relating to the function of the Committee which
is to advise the Secretary of Homeland Security on matters relating to
maritime collisions, allisions, and groundings;
[[Page 52191]]
Inland Rules of the Road; International Rules of the Road; navigation
regulations and equipment, routing measures, marine information, and
aids to navigation systems.
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 Navigation Safety 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, your application must be emailed to
[email protected] as provided in the ADDRESSES section of
this notice. Applications must include: (a) a cover letter expressing
interest in an appointment to the National Navigation Safety Advisory
Committee, (b) a resume detailing the applicant's relevant experience
for the position applied for, and (c) 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: August 1, 2023.
Michael D. Emerson,
Director of Marine Transportation Systems.
[FR Doc. 2023-16749 Filed 8-4-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.154178 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0582-0001/content.htm"
} |
USCG-2023-0583-0001 | Notice | 2023-08-16T04:00:00 | National Merchant Mariner Medical Advisory Committee; September 2023 Virtual Meetings |
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55709-55710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17516]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0583]
National Merchant Mariner Medical Advisory Committee; September
2023 Virtual Meetings
AGENCY: U.S. Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal Advisory Committee virtual meeting.
-----------------------------------------------------------------------
SUMMARY: The National Merchant Mariner Medical Advisory Committee
(Committee) will conduct virtual meetings over a series of 2 days to
discuss matters relating to medical certification determinations for
issuance of licenses, certificates of registry, and merchant mariners'
documents, medical standards, and guidelines for the physical
qualifications of operators of commercial vessels, medical examiner
education, and medical research. The Subcommittee on proposed Task
Statement 23-X1--Directed Review of the Merchant Mariner Medical Manual
will also meet on Day 1. These virtual meetings will be open to the
public.
DATES: Meetings: The Committee and one of its Subcommittees will meet
virtually on Tuesday, September 12, 2023, from 10 a.m. until 3 p.m.
Eastern Daylight Time, (EDT), and Wednesday, September 13, 2023, from
10 a.m. until 2:15 p.m. EDT. The virtual meetings may adjourn early if
the Committee has completed its business.
Comments and supporting documentation: To ensure your comments are
received by Committee members before the virtual meetings, submit your
written comments no later than September 5, 2023.
ADDRESSES: 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 September 5,
2023, to obtain the needed information. The number of virtual lines is
limited and will be available on a first-come, first-served basis.
The 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
Ms. Pamela Moore at [email protected] as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the virtual meetings as time permits, but if you
want Committee members to review your comments before the virtual
meetings, please submit your comments no later than September 5, 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-2023-0583. Comments received will be posted without alteration at
http://www.regulations.gov, including any personal information
provided. You may wish to review the Privacy and Security Notice found
via link on the homepage of https://www.regulations.gov. 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: Ms. Pamela Moore, Alternate Designated
Federal Officer of the National Merchant Mariner Medical Advisory
Committee, telephone 202-372-1361 or email [email protected].
SUPPLEMENTARY INFORMATION: Notice of these meetings is in compliance
with the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C. ch.
10). The National Merchant Mariner Medical 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. 15104. The Committee operates under the
provisions of the Federal Advisory Committee Act and 46 U.S.C section
15109. The Committee advises the Secretary of Homeland Security through
the Commandant of the United States Coast Guard on matters relating to:
(a) medical certification determinations for issuance of licenses,
certificates of registry, and merchant mariners' documents; (b) medical
standards and guidelines for the physical qualifications of operators
of commercial vessels; (c) medical examiner education; and (d) medical
research.
Agenda: The National Merchant Mariner Medical Advisory Committee
will meet on Tuesday, September 12, 2023, and Wednesday, September 13,
2023, to review, discuss, deliberate, and formulate recommendations, as
appropriate on the following topics. The Subcommittee on proposed Task
Statement 23-X1--Directed Review of the Merchant Mariner Medical Manual
will also meet on Day 1. Officer elections will be held on Day 2.
DAY 1
The agenda for the September 12, 2023, virtual meeting is as
follows:
(1) The full Committee will meet briefly to discuss the
Subcommittee Business and task statement, which is listed under
paragraph (6) under Day 2 below.
(2) The Subcommittee will then separately address and work on Task
Statement 23-X1, Directed Review of the Merchant Mariner Medical
Manual.
(3) Report of the Subcommittee. At the end of the day, the Chair of
the Subcommittee will report to the full Committee on what was
accomplished. The full Committee will not take action on this date and
the Subcommittee will present a full report to the Committee on Day 2
of the meeting.
(4) Adjournment of meeting.
DAY 2
The agenda for the September 13, 2023, virtual meeting is as
follows:
(1) Introduction.
(2) Designated Federal Officer Remarks.
(3) Remarks from U.S. Coast Guard Leadership.
(4) Roll call of Committee members and determination of a quorum.
(5) Election of Chair and Vice Chair.
(5) Acceptance of Minutes from NMEDMAC Meeting 4.
[[Page 55710]]
(6) Presentation of Task: Task Statement 23-X1, Directed Review of
the Merchant Mariner Medical Manual.
(7) U.S. Coast Guard Presentations.
(8) Presentations from Subcommittee Chairs.
The Committee will review the information presented on the
following issues and deliberate on recommendations presented by the
Subcommittee Chairs, approve and formulate recommendations and close
any completed tasks. Official action on these recommendations may be
taken:
(a) Task Statement 21-01, Recommendations on Mariner Mental Health;
(b) Task Statement 21-02, Communication Between External
Stakeholders and the Mariner Credentialing Program;
(c) Task Statement 21-03, Medical Certifications for Military to
Mariner Applicants;
(d) Task Statement 21-04, Recommendations on Appropriate Diets and
Wellness for Mariners While Onboard Merchant Vessels;
(e) Task Statement 21-06, Review of Medical Regulations and Policy
to Identify Potential Barriers to Women in the U.S. Maritime Workforce;
(f) Task Statement 22-01, Sexual Assault and Sexual Harassment
Prevention and Culture Change in the Merchant Marine; and
(g) Task Statement 23-X1, Directed Review of the Merchant Mariner
Medical Manual.
(9) Public comment period.
(10) Closing remarks.
(11) Adjournment of meeting.
A copy of all meeting documentation will be available at https://homeport.uscg.mil/missions/federal-advisory-committees/national-merchant-mariner-medical-advisory-committee-(nmedmac) no later than
September 5, 2023. Alternatively, you may contact the individual noted
in the FOR FURTHER INFORMATION section above.
During the September 13, 2023, virtual meeting, a public comment
period will be held immediately after the Presentation of Subcommittee
Reports and Recommendations, at approximately 1:30 p.m. EDT. Public
comments will be limited to 3 minutes per speaker. Please note that the
public comments period will end 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 8, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-17516 Filed 8-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.155525 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0583-0001/content.htm"
} |
USCG-2023-0585-0001 | Notice | 2023-08-11T04:00:00 | National Merchant Marine Personnel Advisory Committee; September 2023 Meetings |
[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54631-54632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17284]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0585]
National Merchant Marine Personnel Advisory Committee; September
2023 Meetings
AGENCY: U.S. Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal advisory committee meeting.
-----------------------------------------------------------------------
SUMMARY: The National Merchant Marine Personnel Advisory Committee
(Committee) will conduct a series of meetings over two days in Bronx,
NY to discuss issues relating to personnel in the United States
Merchant Marine including the training, qualifications, certification,
documentation, and fitness of mariners.
DATES:
Meetings: The National Merchant Marine Personnel Advisory Committee
is scheduled to meet on Wednesday, September 6, 2023, from 9:00 a.m.
until 4:30 p.m. Eastern Daylight Time Zone (EDT) and Thursday,
September 7, 2023, from 9:00 a.m. until 4:45 p.m. EDT. The Committee
meeting on Wednesday, September 6, 2023, will include periods during
which the Committee will break into subcommittees. These meetings may
adjourn 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 August 30, 2023.
ADDRESSES: The meeting will be held at the Maritime Academic Center at
the State University of New York Maritime College, additional
information about the facility can be found at: https://www.sunymaritime.edu/aboutpublic-programsconference-services/conference-and-meeting-rentals.
The National Merchant Marine Personnel 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 Mrs. Megan Johns Henry at
[email protected] or call at (202) 372-1255 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 meeting, please
submit your comments no later than August 30, 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-
0585. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may wish to review the Privacy and Security Notice found via a link on
homepage of https://www.regulations.gov. 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: Mrs. Megan Johns Henry, Alternate
Designated Federal Officer of the National Merchant Marine Personnel
Advisory Committee, telephone (202) 372-1255, or email
[email protected].
SUPPLEMENTARY INFORMATION: Notice of these meetings is in compliance
with the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C. ch.
10). The National Merchant Marine Personnel Advisory Committee is
authorized by section 601 of the Frank LoBiondo Act of 2018 (Pub. L.
115-282, 132 Stat. 4192) and is codified in 46 U.S.C. 15103. The
Committee operates under the provisions of the Federal Advisory
Committee Act and 46 U.S.C. 15109. The National Merchant Marine
Personnel Advisory Committee provides advice and recommendations to the
Secretary of Homeland Security through the Commandant of the United
States Coast Guard on matters relating to personnel in the United
States Merchant Marine including the training, qualifications,
certification, documentation, and fitness of mariners.
Agenda: The National Merchant Marine Personnel Advisory Committee
will meet on Wednesday, September 6, 2023, and Thursday, September 7,
2023 to review, discuss, deliberate and formulate recommendations, as
appropriate on the following topics:
Day 1
The agenda for the September 6, 2023 meeting is as follows:
(1) The full Committee will meet briefly to discuss the
subcommittees business and task statements, which are listed under
paragraph (10) under Day 2 below.
(2) During the morning session of the meeting, subcommittees will
separately address and work on the following task statements, which are
available for viewing at https://homeport.uscg.mil/missions/federal-advisory-committees/national-merchant-marine-personnel-advisory-committee-(nmerpac)/task-statements:
(a) Task Statement 21-2, Communications Between External
Stakeholders and the Mariner Credentialing Program;
(b) Task Statement 23-X2, Critical Skills for Navigation Using
Nautical
[[Page 54632]]
Charts and Training and Assessments of Skills Using Electronic
Navigational Charts; and
(c) Task Statement 23-X3, Critical Skills for Radar Navigation and
Collision Avoidance and Training and Assessment of Skills Using Radar
and Automatic Radar Plotting Aids (ARPA).
(3) During the afternoon session of the meeting, subcommittees will
separately address and work on the following task statements, which are
available for viewing at https://homeport.uscg.mil/missions/federal-advisory-committees/national-merchant-marine-personnel-advisory-committee-(nmerpac)/task-statements:
(a) Task Statement 22-1, Propulsion Power Limitations;
(b) Task Statement 23-X2, Critical Skills for Navigation Using
Nautical Charts and Training and Assessments of Skills Using Electronic
Navigational Charts; and
(c) Task Statement 23-X3, Critical Skills for Radar Navigation and
Collision Avoidance and Training and Assessment of Skills Using Radar
and Automatic Radar Plotting Aids (ARPA).
(d) Report of subcommittees. At end of the day, the Chair or Co-
Chairs of the subcommittees will report to the full Committee on what
was accomplished. The full Committee will not take action on this date
and the Chair or Co-Chairs of the subcommittees will present a full
report to the Committee on Day 2 of the meeting.
(4) Adjournment of meeting.
Day 2
The agenda for the September 7, 2023 meeting is as follows:
(1) Introduction.
(2) Designated Federal Officer and Coast Guard Leadership remarks.
(3) Swearing In of New Members.
(4) Roll call of Committee members and determination of a quorum.
(5) Adoption of the agenda.
(6) Election of Vice Chair.
(7) Acceptance of Minutes from Committee Meeting Four (March 31,
2023).
(8) Introduction of new tasks.
(9) Public comment period.
(10) Reports from the subcommittee Chair or Co-Chairs.
The Committee will review the information presented on the
following Task Statements and deliberate on any recommendations
presented by the subcommittees. Recommendations may be approved and
completed tasks may be closed. Official action on these topics may be
taken:
(a) Task Statement 21-1, Review of IMO Model Courses Being
Validated by the IMO HTW Subcommittee;
(b) Task Statement 21-2, Communication Between External
Stakeholders and the Mariner Credentialing Program, including amendment
Task Statement 21-2A, Reviewing Assessments in NVICS for STCW;
(c) Task Statement 21-3, Military Education, Training, and
Assessment for STCW and National Mariner Endorsement;
(d) Task Statement 21-4, STCW Convention and Code Review;
(e) Task Statement 21-5, Review of Merchant Mariner Rating and
Officer Endorsement Job Task Analyses, including amendment Task
Statement 21-5A, JTA to Mass Mapping;
(f) Task Statement 21-6, Sea Service for Merchant Mariner
Credential Endorsements;
(g) Task Statement 21-8, Remote Operators of Maritime Autonomous
Surface Ships;
(h) Task Statement 21-9, Sexual Harassment and Sexual Assault-
Prevention and Culture Change in the Merchant Marine, including
amendment Task Statement 21-9A, Training for Sexual Assault and Sexual
Harassment Prevention and Response;
(i) Task Statement 22-1, Propulsion Power Limitations; and
(j) Task Statement 22-2, Alternative Methods for Meeting STCW
Training Requirements at the Operational Level;
(k) Task Statement 23-1, Review of Navigation and Vessel Inspection
Circular (NVIC) 03-14, Guidelines for Approval of Training Courses and
Programs;
(l) Task Statement 23-X2, Critical Skills for Navigation Using
Nautical Charts and Training and Assessments of Skills Using Electronic
Navigational Charts; and
(m) Task Statement 23-X3, Critical Skills for Radar Navigation and
Collision Avoidance and Training and Assessment of Skills Using Radar
and Automatic Radar Plotting Aids (ARPA).
(11) Office of Merchant Mariner Credentialing update presentation.
(12) National Maritime Center update presentation.
(13) Closing remarks.
(14) Adjournment of meeting.
A copy of all meeting documentation will be available at https://homeport.uscg.mil/missions/federal-advisory-committees/national-merchant-marine-personnel-advisory-committee-(nmerpac) by August 30,
2023. Alternatively, you may contact the individual 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 also be a public comment period during the meeting
on September 7, 2023 at approximately 12:30 p.m. EDT. Public comments
will be limited to 3 minutes per speaker. Please note that the public
comments period will end 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 8, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-17284 Filed 8-10-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.157006 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0585-0001/content.htm"
} |
USCG-2023-0586-0001 | Notice | 2023-09-06T04:00:00 | National Commercial Fishing Safety Advisory Committee; September 2023 Meetings |
[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60961-60963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19131]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0586]
National Commercial Fishing Safety Advisory Committee; September
2023 Meetings
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal advisory committee meeting.
-----------------------------------------------------------------------
SUMMARY: The National Commercial Fishing Safety Advisory Committee
(Committee) will conduct a series of meetings over three days to
discuss and make recommendations to the Secretary on matters related to
reducing casualties and fatalities in the commercial fishing industry.
See task statements included in this notice below for specifics. The
meetings will be open to the public.
DATES:
Meetings: The Committee will hold a meeting on Tuesday, September
26, 2023, from 8 a.m. until 5 p.m. Pacific Daylight Time (PDT),
Wednesday, September 27, 2023, from 8 a.m. until 5 p.m. PDT, and
Thursday, September 28, 2023, from 8 a.m. until 5 p.m. PDT. The
[[Page 60962]]
Committee meeting on Tuesday, September 26, 2023, from 8 a.m. to 9 a.m.
will be dedicated to an administrative meeting (Committee members
only). Please note these meetings may close early if the Committee has
completed its business.
Comments and supporting documentation: To ensure your comments are
received before the meeting, please submit your written comments no
later than September 20, 2023.
ADDRESSES: The meeting will be held at the Federal Courthouse, 700
Stewart Street, Seattle, Washington 98101.
The National Commercial Fishing 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. Jonathan Wendland at
[email protected] or call at 202-372-1245 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 your
comment reviewed before the meeting, please submit your comments no
later than September 20, 2023. We are particularly interested in
comments regarding 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-2023-0586].
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 available 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: Mr. Jonathan Wendland, Alternate
Designated Federal Officer (ADFO) of the National Commercial Fishing
Safety Advisory Committee, 2703 Martin Luther King Jr. Ave. SE, Stop
7509, Washington, DC 20593-7509, telephone 202-372-1245 or
[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 National Commercial Fishing Safety Advisory Committee is
authorized by section 601 of the Frank LoBiondo Coast Guard
Authorization Act of 2018, (Pub. L. 115-282, 132 Stat. 4190), and is
codified in 46 U.S.C. 15102. The Committee operates under the
provisions of the Federal Advisory Committee Act and 46 U.S.C. 15109.
The National Commercial Fishing Safety Advisory Committee provides
advice and recommendations to the Secretary of Homeland Security
through the Commandant of the U.S. Coast Guard (USCG), on matters
relating to the safe operation of vessels including the matters of:
(A) navigation safety;
(B) safety equipment and procedures;
(C) marine insurance;
(D) vessel design, construction, maintenance, and operation; and
(E) personnel qualifications and training.
Additionally, the Committee will review regulations proposed under
chapter 45 of Title 46 of U.S. Code (during preparation of the
regulations) and review marine casualties and investigations of vessels
covered by chapter 45 of Title 46 U.S. Code and make recommendations to
the Secretary of Homeland Security to improve safety and reduce vessel
casualties.
Agenda
Day 1
The agenda for the National Commercial Fishing Safety Advisory
Committee meeting is as follows:
I. Opening
a. Call to Order and Designated Federal Officer (DFO) Remarks
b. Roll Call and Determination of Quorum
c. Swear in New Members
d. USCG Leadership Remarks
II. Administration
a. Old Business
b. Review and Adoption of Meeting Agenda
c. Meeting Goals
d. Roberts Rules Simplified
III. General Updates
a. Regulatory Status
IV. Information Session
a. USCG District Presentations
b. Office of Investigations and Casualty Analysis (CG-INV) Drug
Presentation
c. Marine Casualty Case Familiarization
V. Public Comment Period
VI. Meeting Recess
Day 2
VII. New Business
a. Task Statement #04-23: Review the multi-year statistics
(provided by the USCG) regarding commercial fishing vessels of less
than 200 gross ton accidents or losses that resulted in fatalities,
injuries, or property damage. Major marine casualties such as the loss
of the DESTINATION, NO LIMITS, and other fishing vessels with multiple
fatalities and vessel losses should be reviewed to provide the
background information necessary to other supplementary taskings in
best efforts to make informed recommendations to the USCG.
b. Task Statement #05-23: Examine and make recommendations to the
USCG on best practices to reduce and mitigate the negative consequences
caused by the misalignment of state and federal regulations regarding
drug laws legalizing the recreational and/or medical use for drugs also
classed as dangerous drugs by federal law and applicable transportation
related statutes. This is critical for the safety of operations and
creating an environment for vessel personnel to work in a drug-free
workplace, with special emphasis on critical safety sensitive jobs such
as navigation and engineering duties to bring fishing vessels into
alignment with other commercial vessels. Develop recommendations that
include testing for pre-employment, routine, and reasonable cause.
Submit recommendations to the Secretary of Homeland Security.
c. Task Statement #06-23: Examine and effectively disseminate
recommendations for best practices to ensure full crew access to all
parts of a vessel to allow for safe vessel operation. This task should
address and examine things like a means to access all areas of the
vessel and allow the crew to safely move fore and aft to remove ice,
inspect the vessel, and operate critical equipment like the vessel's
anchors and similar gear that does not require the crew to climb over
the pot stack (for example, in the case of a vessel carrying pots, nets
or similar devices to create pathways for access). Submit
recommendations to the Secretary of Homeland Security.
[[Page 60963]]
d. Task Statement #07-23: Establish best practices for standard
procedures and guidance for crew standing navigation watches. This
should include a detailed crew orientation for each unique vessel,
including the operation of critical equipment and establish clear and
easily understood watchstanding orders to protect the safety of the
vessel during its applicable operations. This could be accomplished as
a standardized form or checklist. Submit recommendations to the
Secretary of Homeland Security.
e. Task Statement #08-23: Evaluate and provide a comprehensive list
of recommendations to the USCG, in the form of best practices (NVICs,
policies, training), or amended or new regulations, regarding stability
considerations which may pose severe risk to the safety of a fishing
vessel such as icing, loading, the need for stability instructions, and
vessel modifications. As part of this task, review the USCG's current
level of oversight, provide recommendations on its adequacy, and
specify needed changes to areas of the fishing safety program that need
additional attention. Submit recommendations to the Secretary of
Homeland Security.
f. Task Statement #09-23: Evaluate and provide recommendations to
the USCG for best practices to address the high degree of risk
associated with fishing vessel operations and how the acceptance of
risk is prevalent and accepted in the fishing industry. Specifically,
the Marine Board recommends the committee focus on topics including
icing, heavy weather avoidance in voyage planning, and formalizing the
navigation watch duties via onboard familiarization and written
standard orders to ensure the safety of vessel during its transit and
during fishing operations. Submit recommendations to the Secretary of
Homeland Security.
g. Task Statement #10-23: Evaluate and provide recommendations to
the USCG to ensure the most effective means to widely disseminate
critical safety information for the commercial fishing industry. Submit
recommendations to the Secretary of Homeland Security.
h. Task Statement #11-23: Review and provide recommendations on the
development of a publicly accessible website that contains all
information related to fishing industry activities, including vessel
safety, inspections, enforcement, hazards, training, regulations
(including proposed regulations), outages of the Rescue 21 system in
Alaska and similar outages, and any other fishing-related activities.
Submit recommendations to the Secretary of Homeland Security.
i. Task Statement #12-23: Discuss and make recommendations
requiring watch alarms on specific types of commercial fishing vessels.
Submit recommendations to the Secretary of Homeland Security.
j. Task Statement #13-23: Examine and make recommendations to the
USCG on a way to widely distribute personal location beacons at minimal
expense. Ensure availability and access for crewmembers of these
critical lifesaving devices which could be acquired by consortiums,
associations, or other organizations for distribution to vessel crews
through federally funded grant programs or other programs. Submit
recommendations to the Secretary of Homeland Security.
VIII. Subcommittee(s) Break Out and Discussions
a. Action Items by Task
IX. Public Comment Period
X. Committee Discussion and Actions
XI. Meeting Recess
Day 3
XII. Subcommittee Break Out and Discussions
a. Action Items by Task
XIII. Recommendations and Committee Actions
XIV. Full Committee Open Discussion
XV. Public Comment Period
XVI. Present Recommendations on Taskings to the USCG
XVII. Plans for Next Meeting
XVIII. Closing Remarks (Committee and USCG)
XIX. Adjournment of Meeting
A copy of pre-meeting documentation will be available at https://www.dco.uscg.mil/NCFSAC2023/no later than September 14, 2023.
Alternatively, you may contact Mr. Jonathan Wendland as noted in the
FOR FURTHER INFORMATION CONTACT section above.
There will be a public comment period scheduled each day of the
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 to
register as a speaker.
Dated: August 30, 2023.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2023-19131 Filed 9-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.158308 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0586-0001/content.htm"
} |
USCG-2023-0587-0001 | Notice | 2023-09-21T04:00:00 | Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0018 |
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65186-65187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20401]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0587]
Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0018
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: 1625-0018,
Official Logbook; 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 November 20,
2023.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0587] 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;
[[Page 65187]]
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-2023-0587], and
must be received by November 20, 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: Official Logbook.
OMB Control Number: 1625-0018.
Summary: The Official Logbook contains information about the
voyage, the vessel's crew, drills, watches, and operations conducted
during the voyage. Official Logbook entries identify particulars of the
voyage, including the name of the ship, official number, port of
registry, tonnage, names and merchant mariner credential numbers of the
master and crew, the nature of the voyage, and class of ship. In
addition, it also contains entries for the vessel's drafts, maintenance
of watertight integrity of the ship, drills and inspections, crew list
and report of character, a summary of laws applicable to Official
Logbooks, and miscellaneous entries.
Need: 46 U.S.C. 11301, 11302, 11303, and 11304 require applicable
merchant vessels to maintain an Official Logbook. The Official Logbook
contains information about the vessel, voyage, crew, and watch. Lack of
these particulars would make it difficult for a seaman to verify vessel
employment and wages, and for the Coast Guard to verify compliance with
laws and regulations concerning vessel operations and safety
procedures. The Official Logbook serves as an official record of
recordable events transpiring at sea such as births, deaths, marriages,
disciplinary actions, etc. Absent the Official Logbook, there would be
no official civil record of these events. The courts accept log entries
as proof that the logged event occurred. If this information was not
collected, the Coast Guard's commercial vessel safety program would be
negatively impacted, as there would be no official record of U.S.
merchant vessel voyages. Similarly, those seeking to prove that an
event required to be logged occurred would not have an official record
available.
Forms: CG-706B Official Logbook.
Respondents: Shipping companies.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden remains at 1,750 hours a
year.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: September 7, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-20401 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.160064 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0587-0001/content.htm"
} |
USCG-2023-0589-0001 | Notice | 2023-09-21T04:00:00 | Availability of Coast Guard Data to the Public in Implementation of the Open Government Data Act and To Support Coast Guard Rulemaking |
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65187-65188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20477]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0589]
Availability of Coast Guard Data to the Public in Implementation
of the Open Government Data Act and To Support Coast Guard Rulemaking
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard announces the availability of Coast Guard data
to the public in implementation of the Open Government Data Act and in
support of Coast Guard rulemaking. The Coast Guard anticipates that the
online data and geospatial dashboard will empower the general public,
affected entities, and other interested parties to engage more
effectively in Coast Guard rulemakings. We encourage you to submit
comments describing what additional resources or data would help you
participate in Coast Guard rulemakings.
DATES: Comments must be submitted to the online docket via https://www.regulations.gov on or before January 19, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0589 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: For information about this document
call or email Evan Morris, Coast Guard Office Standards Evaluation and
Development; telephone 571-608-6719, email [email protected].
SUPPLEMENTARY INFORMATION:
Public Participation and Comments
We encourage you to submit comments on your data needs to
participate more effectively in Coast Guard rulemakings. We will
consider all submissions and may adjust our public facing resources to
improve public participation in the rulemaking process based on your
comments.
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-2023-0589 in the
search box and click ``Search.'' Next, look for this
[[Page 65188]]
document in the Search Results column, and click on it. Then click on
the Comment option. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. 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.
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
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
Discussion
The Coast Guard Office of Standards Evaluation and Development (CG-
REG) is endeavoring to provide to the public as much U.S. Coast Guard
data as possible and practicable--resource permitting--in
implementation of Title II within the Evidence-Based Policymaking Act
of 2018, named the Open Government Data Act. The Open Government Data
Act guides federal agencies to make data open by default, subject to
certain provisions such as (i) risks and restrictions related to the
disclosure of personally identifiable information and (ii) security
considerations. This notice shares several U.S. Coast Guard websites
where our data resources are available to the public.
The ``Annual Vessel Statistics'' page provides the public with
access to the universe of commercial vessels the U.S. Coast Guard
regulates. The statistics available at the time of this notice are for
2021 and 2022; future year statistics will be provided as available.
This page also allows you to download a list of publicly available
information of these vessels by the vessel's commercial service. On
this page, we present the aggregated information. We have also analyzed
this information and created a dashboard which help any user quickly
understand the scale and change in vessel populations by routes,
responsible districts, and classification. The web address for the
``Annual Vessel Statistics'' page is https://dco.uscg.afpims.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-Standards-CG-5PS/Office-of-Standards-Evaluation-and-Development-CG-REG/Annual-Vessel-Statistics/2022-Annual-Vessel-Statistics/.
In addition, we have created an interactive geospatial dashboard on
ArcGIS Pro that displays significant maritime incidents that involved
the U.S. Coast Guard from 2012 to 2022. This dashboard defines a
significant maritime incident as an incident that resulted in at least
$100,000 of property damage or an incident that resulted in three or
more injuries or one fatality. This data comes from the Coast Guard's
Marine Investigation Safety and Law Enforcement (MISLE) database. This
information is displaying publicly available information from the Coast
Guard's Port State Information eXchange system: https://cgmix.uscg.mil/PSIX/Default.aspx. The web address for the Significant Maritime
Incident GIS Dashboard is https://dco.uscg.afpims.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-Standards-CG-5PS/Office-of-Standards-Evaluation-and-Development-CG-REG/Annual-Vessel-Statistics/GIS/.
This Significant Maritime Incident Dashboard is a visual aid which
can help end users better understand specific aspects of the affected
populations for the ongoing Coast Guard rulemakings that are on the
Unified Agenda of Regulatory and Deregulatory Actions (https://www.reginfo.gov). The data may be useful for public participation in
our current Unified Agenda regulatory actions, such as Claims
Procedures Under the Oil Pollution Act of 1990 (Regulatory
Identification Number: 1625-AA03), Marine Casualty Reporting on the
Outer Continental Shelf (1625-AB99), Shipping Safety Fairways Along the
Atlantic Coast (1625-AC57), Safety Management Systems for Domestic
Passenger Vessels (1625-AC65), and Towing Vessel Firefighting Training
(1625-AC64).
We encourage you to submit comments describing your data needs to
participate more effectively in Coast Guard rulemaking. In particular,
the U.S. Coast Guard requests responses to the following questions:
1. What data could the U.S. Coast Guard provide that would
encourage your participation in rulemakings?
2. What data could the U.S. Coast Guard provide that would help
your academic research to inform future rulemakings?
3. In addition to the Unified Agenda, how do you recommend the U.S.
Coast Guard publicize information about rulemaking activities?
Based on public comment, other factors, and available USCG
resources, we may continue to expand the availability of U.S. Coast
Guard data resources that may be useful for participating in the
rulemaking process.
This notice is issued under authority of 44 U.S. Code 3506(b)(6).
T. Brown,
Office Chief, U.S. Coast Guard, Standards Evaluation and Development.
[FR Doc. 2023-20477 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.161585 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0589-0001/content.htm"
} |
USCG-2023-0590-0001 | Rule | 2023-12-05T05:00:00 | 2023 Quarterly Listings; Safety Zones, Security Zones, and Special Local Regulations |
[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Rules and Regulations]
[Pages 84238-84239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26537]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[USCG-2023-0590]
2023 Quarterly Listings; Safety Zones, Security Zones, and
Special Local Regulations
AGENCY: Coast Guard, DHS.
ACTION: Notification of expired temporary rules issued.
-----------------------------------------------------------------------
SUMMARY: This document provides notification of substantive rules
issued by the Coast Guard that were made temporarily effective but
expired before they could be published in the Federal Register. This
document lists temporary safety zones, security zones, and special
local regulations, all of limited duration and for which timely
publication in the Federal Register was not possible. This document
also announces notifications of enforcement for existing reoccurring
regulations that we issued but were unable to be published before the
enforcement period ended.
DATES: This document lists temporary Coast Guard rules and
notifications of enforcement that became effective, primarily between
April 2023 and June 2023, and expired before they could be published in
the Federal Register.
ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, using the Federal
eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this document contact
Yeoman First Class Glenn Grayer, Office of Regulations and
Administrative Law, telephone (202) 372-3862.
SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit access to prevent injury or damage to
vessels, ports, or waterfront facilities. Special local regulations are
issued to enhance the safety of participants and spectators at regattas
and other marine events.
[[Page 84239]]
Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Timely publication of notifications of enforcement of reoccurring
regulations may be precluded when the event occurs with short notice or
other agency procedural restraints.
Because Federal Register publication was not possible before the
end of the effective period, mariners would have been personally
notified of the contents of these safety zones, security zones, special
local regulations, regulated navigation areas or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated. In some of our reoccurring regulations, we say we will
publish a notice of enforcement as one of the means of notifying the
public. We use this notification to announce those notifications of
enforcement that we issued and will post them to their dockets.
The following unpublished rules were placed in effect temporarily
during the period between April 2023 and June 2023. To view copies of
these rules, visit www.regulations.gov and search by the docket number
indicated in the following table.
----------------------------------------------------------------------------------------------------------------
Enforcement
Docket No. Type of regulation Location date
----------------------------------------------------------------------------------------------------------------
USCG-2023-0304.......................... Safety Zones (Parts 147 Tampa, FL................. 4/6/2023
and 165).
USCG-2022-0726.......................... Safety Zones (Parts 147 Tacoma, WA................ 4/9/2023
and 165).
USCG-2023-0228.......................... Special Local Regulations Charleston, SC............ 4/20/2023
(Part 100).
USCG-2023-0003.......................... Safety Zones (Parts 147 San Francisco, CA......... 4/22/2023
and 165).
USCG-2023-0362.......................... Safety Zones (Parts 147 Tarpon Springs, FL........ 4/26/2023
and 165).
USCG-2023-0307.......................... Safety Zones (Parts 147 Erie, PA.................. 4/27/2023
and 165).
USCG-2023-0267.......................... Safety Zones (Parts 147 St. Thomas, USVI.......... 4/29/2023
and 165).
USCG-2023-0405.......................... Security Zones (Part 165). Philadelphia, PA.......... 5/15/2023
USCG-2023-0433.......................... Safety Zones (Parts 147 San Pedro Bay, CA......... 5/18/2023
and 165).
USCG-2023-0404.......................... Safety Zones (Parts 147 Pittsburgh, PA............ 5/25/2023
and 165).
USCG-2023-0414.......................... Safety Zones (Parts 147 Lake Charles, LA.......... 5/26/2023
and 165).
USCG-2023-0439.......................... Safety Zones (Parts 147 Lake Ozark, MO............ 6/3/2023
and 165).
USCG-2023-0342.......................... Safety Zones (Parts 147 Sturgeon Bay, WI.......... 6/3/2023
and 165).
USCG-2023-0021.......................... Safety Zones (Parts 147 Greene County, PA......... 6/8/2023
and 165).
USCG-2023-0480.......................... Safety Zones (Parts 147 Charleston, SC............ 6/12/2023
and 165).
USCG-2023-0505.......................... Security Zones (Part 165). San Francisco, CA......... 6/13/2023
USCG-2023-0484.......................... Safety Zones (Parts 147 Chicago, IL............... 6/15/2023
and 165).
USCG-2023-0525.......................... Security Zones (Part 165). San Francisco, CA......... 6/19/2023
USCG-2023-0537.......................... Safety Zones (Parts 147 Santa Barbra Channel, CA.. 6/20/2023
and 165).
USCG-2023-0422.......................... Safety Zones (Parts 147 Clear Creek, TX........... 6/23/2023
and 165).
----------------------------------------------------------------------------------------------------------------
Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-26537 Filed 12-4-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.162453 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0590-0001/content.htm"
} |
USCG-2023-0593-0001 | Rule | 2023-10-17T04:00:00 | Special Local Regulation; Lake Havasu, Lake Havasu City, AZ |
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71481-71483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22884]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0593]
RIN 1625-AA08
Special Local Regulation; Lake Havasu, Lake Havasu City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation in
the navigable waters of the Bridgewater
[[Page 71482]]
Channel, Lake Havasu, AZ during the 12th Annual Bridgewater Channel
Cleanup marine event. This regulation is necessary to provide for the
safety of the participants, crew, supporting vessels, and general users
of the waterway during the event, which will be held on October 21,
2023. This special local regulation will temporarily prohibit persons
and vessels from entering into, transiting through, anchoring,
blocking, or loitering within the event area unless authorized by the
Captain of the Port San Diego or a designated representative.
DATES: This rule is effective from 7 a.m. through 11 a.m. on October
21, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Junior Grade Shelley Turner, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-
7656, 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 we must establish this special local
regulation by October 21, 2023. The Coast Guard did not receive final
details regarding this event until September 7, 2023. Therefore, it is
impracticable to publish an NPRM because we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. This regulation is necessary to ensure the
safety of life on the navigable waters of Lake Havasu during the marine
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 contrary to public interest because action is needed
to ensure the safety of life on the navigable waters of Lake Havasu
during the marine event on October 21, 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 Diego (COTP) has determined
that the presence of divers associated with the 12th Annual Bridgewater
Channel Underwater Cleanup marine event on October 21, 2023 poses a
potential safety concern in the regulated area. This rule is needed to
protect persons, vessels, and the marine environment in the navigable
waters of Lake Havasu during the marine event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m. to 11
a.m. on October 21, 2023. This special local regulation will cover all
navigable waters, from surface to bottom in the Bridgewater Channel,
Lake Havasu, AZ, starting at the London Bridge, proceeding south
through the channel, and concluding at the southern entrance of the
channel. The duration of the temporary special local regulation is
intended to ensure the safety of participants, vessels, and the marine
environment in these navigable waters during the scheduled marine
event. No vessel or person will be permitted to enter the regulated
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 regulated area. The affected
portion of the navigable waterway in Lake Havasu will be of very
limited duration and is necessary for safety of life of participants in
the marine event. Moreover, the Coast Guard will issue a Local Notice
to Mariners about 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
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 71483]]
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 only 4 hours that will prohibit entry
to a specific portion of the Bridgewater Channel in Lake Havasu, AZ. 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.
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), Reporting and
recordkeeping requirements, Security measures, 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.T11-134 to read as follows:
Sec. 100.T11-134 12th Annual Bridgewater Channel Underwater Cleanup,
Lake Havasu, Arizona.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters, from surface to bottom, of the
Bridgewater Channel in Lake Havasu, AZ, starting at the London Bridge,
proceeding south through the channel, and concluding at the southern
entrance of the channel.
(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 San Diego (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. 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 San Diego or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative. They may be contacted by telephone at 619-278-7033.
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 Local Notice to Mariners.
(d) Enforcement period. This section will be enforced from 7 a.m.
to 11 a.m. on October 21, 2023.
Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-22884 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.163521 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0593-0001/content.htm"
} |
USCG-2023-0597-0001 | Proposed Rule | 2023-08-04T04:00:00 | Special Local Regulations: Recurring Marine Events, Sector St. Petersburg |
[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Proposed Rules]
[Pages 51763-51766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16665]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0597]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise existing regulations by
updating the duration of an existing event in the Seventh Coast Guard
District Captain of the Port (COTP) St. Petersburg Zone. This action is
necessary to provide for the safety of life on these navigable waters
in Clearwater, FL, during the Clearwater Offshore Nationals/Race World
Offshore event. The Coast Guard invites your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 5, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0597 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 Marine Science Technician First
Class Mara J. Brown, Sector St. Petersburg Prevention Department, Coast
Guard; telephone (813) 228-2191 (ext. 8151), 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, Purpose, and Legal Basis
The Coast Guard proposes to revise the Recurring Marine Events in
the geographic boundaries of the Seventh Coast Guard District Captain
of the Port (COTP) St. Petersburg Zone that are listed in 33 CFR
100.703, Table 1 to Sec. 100.703. The proposed change is to Line No. 6
located under Date/time, existing as ``One Sunday in September; Time
(Approximate): 11:30 a.m. to 4 p.m.'' The event sponsor has changed the
duration of the event to a two-day event; revising the Date/time as
``One weekend (Saturday and Sunday) in September; Time (Approximate): 8
a.m. to 4 p.m.''
The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70041.
III. Discussion of Proposed Rule
This rule proposes to make the following changes in 33 CFR 100.703:
1. Revise Table 1 to Sec. 100.703, Line No. 6, to reflect a date
and time change.
Marine events listed in Table 1 to Sec. 100.703 are listed as
recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific
[[Page 51764]]
events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notice of
enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community by Local Notice
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and the rule would allow vessels to seek permission to enter 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 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 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. 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 contact 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 effects of this 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 revising
an existing recurring event to reflect a date and time change for the
event. Normally such actions are categorically excluded from further
review under paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1, because it involves a revised
special local regulation related to a marine event permit for marine
parades, regattas, and other marine events. 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 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.
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
[[Page 51765]]
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, contact 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 the
docket, visit https://www.regulations.gov/privacyNotice.
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 100
Harbors, Marine Safety, Navigation (water), Reporting and Record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 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. 100.703, revise Table 1 to read as follows:
Table 1 to Sec. 100.703--Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
[Datum NAD 1983]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date/time Event/sponsor Location Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. One Saturday in January. Time Gasparilla Tampa, Florida....................................... Location: A regulated area is established
(Approximate): 11:30 a.m. to 2 Invasion and consisting of the following waters of
p.m. Parade/Ye Mystic Hillsborough Bay and its tributaries north
Krewe of of 27[deg]51'18'' N and south of the John
Gasparilla. F. Kennedy Bridge: Hillsborough Cut ``D''
Channel, Seddon Channel, Sparkman Channel
and the Hillsborough River south of the
John F. Kennedy Bridge.
Additional Regulation: (1) Entrance into
the regulated area is prohibited to all
commercial marine traffic from 9 a.m. to 6
p.m. EST on the day of the event.
(2) The regulated area will include a 100
yard Safety Zone around the vessel JOSE
GASPAR while docked at the Tampa Yacht
Club until 6 p.m. EST on the day of the
event.
(3) The regulated area is a ``no wake''
zone.
(4) All vessels within the regulated area
shall stay 50 feet away from and give way
to all officially entered vessels in
parade formation in the Gasparilla Marine
Parade.
(5) When within the marked channels of the
parade route, vessels participating in the
Gasparilla Marine Parade may not exceed
the minimum speed necessary to maintain
steerage.
(6) Jet skis and vessels without mechanical
propulsion are prohibited from the parade
route.
(7) Vessels less than 10 feet in length are
prohibited from the parade route unless
capable of safely participating.
(8) Vessels found to be unsafe to
participate at the discretion of a present
Law Enforcement Officer are prohibited
from the parade route.
(9) Northbound vessels in excess of 65 feet
in length without mooring arrangement made
prior to the date of the event are
prohibited from entering Seddon Channel
unless the vessel is officially entered in
the Gasparilla Marine Parade.
(10) Vessels not officially entered in the
Gasparilla Marine Parade may not enter the
parade staging area box within the
following coordinates: 27[deg]53'53'' N,
082[deg]27'47'' W; 27[deg]53'22'' N,
082[deg]27'10'' W; 27[deg]52'36'' N,
082[deg]27'55'' W; 27[deg]53'02'' N,
082[deg]28'31'' W.
2. One Saturday in February. Bradenton Area Bradenton, FL........................................ Location(s) Enforcement Area #1. All waters
Time (Approximate): 9 a.m. to 9 River Regatta/ of the Manatee River between the Green
p.m. City of Bradenton. Bridge and the CSX Train Trestle contained
within the following points:
27[deg]30'43'' N, 082[deg]34'20'' W,
thence to position 27[deg]30'44'' N,
082[deg]34'09'' W, thence to position
27[deg]30'00'' N, 082[deg]34'04'' W,
thence to position 27[deg]29'58'' N,
082[deg]34'15'' W, thence back to the
original position, 27[deg]30'43'' N,
082[deg]34'20'' W.
Enforcement Area #2. All waters of the
Manatee River contained within the
following points: 27[deg]30'35'' N,
082[deg]34'37'' W, thence to position
27[deg]30'35'' N, 082[deg]34'26'' W,
thence to position 27[deg]30'26'' N,
082[deg]34'26'' W, thence to position
27[deg]30'26'' N, 082[deg]34'37'' W,
thence back to the original position,
27[deg]30'35'' N, 082[deg]34'37'' W.
3. One weekend (Friday, Gulfport Grand Gulfport, FL......................................... Location(s): (1) Race Area. All waters of
Saturday, and Sunday) in March. Prix/Gulfport Boca de Ciego contained within the
Time (Approximate): 8 a.m. to 5 Grand Prix LLC. following points: 27[deg]44'10'' N,
p.m. 082[deg]42'29'' W, thence to position
27[deg]44'07'' N, 082[deg]42'40'' W,
thence to position 27[deg]44'06'' N,
082[deg]42'40'' W, thence to position
27[deg]44'04'' N, 082[deg]42'29'' W,
thence to position 27[deg]44'07'' N,
082[deg]42'19'' W, thence to position
27[deg]44'08'' N, 082[deg]42'19'' W,
thence back to the original position,
27[deg]44'10'' N, 082[deg]42'29'' W.
(2) Buffer Zone. All waters of Boca de
Ciego encompassed within the following
points: 27[deg]44'10'' N, 082[deg]42'47''
W, thence to position 27[deg]44'01'' N,
082[deg]42'44'' W, thence to position
27[deg]44'01'' N, 082[deg]42'14'' W,
thence to position 27[deg]44'15'' N,
082[deg]42'14'' W.
[[Page 51766]]
4. One weekend (Saturday and Sarasota Powerboat Sarasota, FL......................................... Location: All waters of the Gulf of Mexico
Sunday) in July. Time Grand Prix/ contained within the following points:
(Approximate): 8 a.m. to 5 p.m. Powerboat P-1 27[deg]18'44'' N, 082[deg]36'14'' W,
USA, LLC. thence to position 27[deg]19'09'' N,
082[deg]35'13'' W, thence to position
27[deg]17'42'' N, 082[deg]34'00'' W,
thence to position 27[deg]16'43'' N,
082[deg]34'49'' W, thence back to the
original position, 27[deg]18'44'' N,
082[deg]36'14'' W
5. One weekend (Saturday and St. Petersburg P-1 St. Petersburg, FL................................... Location: All waters of the Tampa Bay
Sunday) in September. Time Powerboat Grand encompassed within the following points:
(Approximate): 8 a.m. to 4 p.m. Prix. 27[deg]46'56.22'' N, 082[deg]36'55.50'' W,
thence to position 27[deg]47'08.82'' N,
082[deg]34'33.24'' W, thence to position
27[deg]46'06.96'' N, 082[deg]34'29.04'' W,
thence to position 27[deg]45'59.22'' N,
082[deg]37'02.88'' W, thence back to the
original position 27[deg]46'24.24'' N,
082[deg]37'30.24'' W.
6. One weekend (Saturday and Clearwater Clearwater, FL....................................... Locations: (1) Race Area. All waters of the
Sunday) in September. Time Offshore Gulf of Mexico contained within the
(Approximate): 8 a.m. to 4 p.m. Nationals/Race following points: 27[deg]58'34'' N,
World Offshore. 82[deg]50'09'' W, thence to position
27[deg]58'32'' N, 82[deg]50'02'' W, thence
to position 28[deg]00'12'' N,
82[deg]50'10'' W, thence to position
28[deg]00'13'' N, 82[deg]50'10'' W, thence
back to the original position,
27[deg]58'34'' N, 82[deg]50'09'' W.
(2) Spectator Area. All waters of Gulf of
Mexico seaward no less than 150 yards from
the race area and as agreed upon by the
Coast Guard and race officials.
(3) Enforcement Area. All waters of the
Gulf of Mexico encompassed within the
following points: 28[deg]58'40'' N,
82[deg]50'37'' W, thence to position
28[deg]00'57'' N, 82[deg]49'45'' W, thence
to position 27[deg]58'32'' N,
82[deg]50'32'' W, thence to position
27[deg]58'23'' N, 82[deg]49'53'' W, thence
back to position 28[deg]58'40'' N,
82[deg]50'37'' W.
7. One Thursday, Friday, and Roar Offshore/OPA Fort Myers Beach, FL................................. Locations: All waters of the Gulf of Mexico
Saturday in October. Time Racing LLC. west of Fort Myers Beach contained within
(Approximate): 10 a.m. to 5 p.m. the following points: 26[deg]26'27'' N,
081[deg]55'55'' W, thence to position
26[deg]25'33'' N, longitude
081[deg]56'34'' W, thence to position
26[deg]26'38'' N, 081[deg]58'40'' W,
thence to position 26[deg]27'25'' N,
081[deg]58'8'' W, thence back to the
original position 26[deg]26'27'' N,
081[deg]55'55'' W.
8. One weekend (Friday, OPA World Englewood Beach, FL.................................. Locations: (1) Race Area. All waters of the
Saturday, and Sunday) in Championships/ Gulf of Mexico contained within the
November. Time (Approximate): 8 Englewood Beach following points: 26[deg]56'00'' N,
a.m. to 6 p.m. Waterfest. 082[deg]22'11'' W, thence to position
26[deg]55'59'' N, 082[deg]22'16'' W,
thence to position 26[deg]54'22'' N,
082[deg]21'20'' W, thence to position
26[deg]54'24'' N, 082[deg]21'16'' W,
thence to position 26[deg]54'25'' N,
082[deg]21'17'' W, thence back to the
original position, 26[deg]56'00'' N,
082[deg]21'11'' W.
(2) Spectator Area. All waters of the Gulf
of Mexico contained with the following
points: 26[deg]55'33'' N, 082[deg]22'21''
W, thence to position 26[deg]54'14'' N,
082[deg]21'35'' W, thence to position
26[deg]54'11'' N, 082[deg]21'40'' W,
thence to position 26[deg]55'31'' N,
082[deg]22'26'' W , thence back to
position 26[deg]55'33'' N, 082[deg]22'21''
W.
(3) Enforcement Area. All waters of the
Gulf of Mexico encompassed within the
following points: 26[deg]56'09'' N,
082[deg]22'12'' W, thence to position
26[deg]54'13'' N, 082[deg]21'03'' W,
thence to position 26[deg]53'58'' N,
082[deg]21'43'' W, thence to position
26[deg]55'56'' N, 082[deg]22'48'' W,
thence back to position 26[deg]56'09'' N,
082[deg]22'12'' W.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: July 26, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2023-16665 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.164838 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0597-0001/content.htm"
} |
USCG-2023-0598-0001 | Rule | 2023-08-16T04:00:00 | Special Local Regulation: Marine Events within the Fifth Coast Guard District—Atlantic City, NJ |
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Page 55572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17554]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0598]
Special Local Regulations; Marine Events Within the Fifth Coast
Guard District--Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulation for
the Thunder Over the Boardwalk Air Show August 14, 15, and 16, 2023, 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 in Atlantic City,
NJ. 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 100.501 will be enforced for the
Thunder Over the Boardwalk Air Show event listed in table 1 to
paragraph (i)(1) to Sec. 100.501 from 10 a.m. through 5 p.m. on August
14-16, 2023, to provide for the safety of life on navigable waterways
during this event.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Christopher
Payne, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone 215-271-4889, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.501 for the Thunder Over the Boardwalk
Airshow regulated area from 12 p.m. through 3 p.m. on August 14, 2023,
and from 9 a.m. through 5 p.m. August 15 and 16, 2023. This action is
being taken to provide for the safety of life on navigable waterways
during this 3-day event. Our regulation for marine events within the
Fifth Coast Guard District, Sec. 100.501, specifies the location of
the regulated area for the Thunder Over the Boardwalk Airshow, which
encompasses waters of the North Atlantic Ocean, adjacent to Atlantic
City, New Jersey, bounded by a line drawn between the following points:
From a point along the shoreline at latitude 39[deg]21'31'' N,
longitude 074[deg]25'04'' W, thence southeasterly to latitude
39[deg]21'08'' N, longitude 074[deg]24'48'' W, thence southwesterly to
latitude 39[deg]20'16'' N, longitude 074[deg]27'17'' W, thence
northwesterly to a point along the shoreline at latitude 39[deg]20'44''
N, longitude 074[deg]27'31'' W, thence northeasterly along the
shoreline to latitude 39[deg]21'31'' N, longitude 074[deg]25'04'' W.
During the enforcement periods, as reflected in Sec. 100.501(g),
the Coast Guard will announce details concerning the event in the Local
Notices to Mariners and by Broadcast Notice to Mariners over VHF-FM
marine band radio. 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.
Dated: August 10, 2023.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-17554 Filed 8-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.167675 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0598-0001/content.htm"
} |
USCG-2023-0599-0001 | Rule | 2023-07-25T04:00:00 | Annual Events in the Captain of the Port Buffalo Zone—July and August 2023 | [Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Pages 47772-47773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15697]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0599]
Annual Events in the Captain of the Port Buffalo Zone--July and
August 2023
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce certain safety zones located in
the federal regulations for Annual Events in the Captain of the Port
Buffalo Zone. This action is necessary and intended to protect the
safety of life and property on navigable waters prior to, during, and
immediately after these events. During each enforcement period, no
person or vessel may enter the respective safety zone without the
permission of the Captain of the Port Buffalo or their designated
representative.
DATES: The regulations in 33 CFR 165.939 as listed in table 165.939
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, contact LT William Kelley, Chief of
Waterways Management, Sector Buffalo, U.S. Coast Guard; telephone 716-
843-9391, email [email protected].
SUPPLEMENTARY INFORMATION: The regulations in 33 CFR 165.939 as listed
in table 165.939 will be enforced for the safety zones identified below
for the dates and times specified.
(1) Tonawanda's Canal Fest Fireworks, Tonawanda, NY; The safety
zone listed in (b)(26) will be enforced on all waters of the
[[Page 47773]]
East Niagara River within a 210-foot radius of land position
43[deg]01'17.8'' N, 078[deg]52'40.9'' W in Tonawanda, NY, from 9:15
p.m. through 10:05 p.m. on July 23, 2023.
(2) Oswego Harborfest, Oswego, NY; The safety zone listed in
(b)(28) will be enforced on all waters within a 600-foot radius of
positions 43[deg]28.014' N, 76[deg]31.174'' W and 43[deg]27.867'
N,76[deg]31.446' W along with a 350 foot radius of the break wall
between positions 43[deg]27'53.0'' N, 076[deg]31'25.3'' W then
Northeast to 43[deg]27'58.6'' N, 076[deg]31'12.1'' W, from 9:15 p.m.
through 10:15 p.m. on July 29, 2023.
(3) Thunder on the Niagara Hydroplane Boat Races, North
Tonawanda, NY; The safety zone listed in Table 165.939 (c)(4) as All
U.S. waters of the Niagara River near the North Grand Island Bridge,
encompassed by a line starting at 43[deg]03'32.9'' N,
078[deg]54'46.9'' W to 43[deg]03'14.6'' N, 078[deg]55'16.0'' W then
to 43[deg]02'39.7'' N, 078[deg]54'13.1'' W then to 43[deg]02'59.9''
N, 078[deg]53'42.0'' W and returning to the point of origin will be
enforced from 8:30 a.m. through 6:30 p.m. on August 5, 2023, and
8:30 a.m. through 6:30 p.m. on August 6, 2023.
This notice of enforcement is issued under authority of 33 CFR
165.939 and 5 U.S.C. 552(a). Pursuant to 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 their designated representative; designation need
not be in writing. Those seeking permission to enter these safety zones
may request permission from the Captain of the 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
their designated representative. While within a safety zone, all
vessels shall operate at the minimum speed necessary to maintain a safe
course.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of the enforcement periods via Broadcast Notice to
Mariners or other suitable means. 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.
This notification is being issued by the Coast Guard Sector Buffalo
Prevention Department Head at the direction of the Captain of the Port.
Dated: July 17, 2023.
Jeff B. Bybee,
Commander, U.S. Coast Guard, Sector Buffalo Prevention Department Head.
[FR Doc. 2023-15697 Filed 7-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.168333 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0599-0001/content.htm"
} |
USCG-2023-0601-0001 | Rule | 2023-07-31T04:00:00 | Drawbridge Operation Regulation: Atlantic Intracoastal Waterway; West Palm Beach, FL | [Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49287-49288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16152]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0601]
Drawbridge Operation Regulation: Atlantic Intracoastal Waterway;
West Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing a temporary deviation from the
operating schedule that governs the Flagler Memorial Bridge, across
Atlantic Intracoastal Waterway (AICW), mile 1021.8, at West Palm Beach,
Florida. Palm Beach County and the communities surrounding the bridge
have requested the Coast Guard consider placing additional weekday
restrictions during peak traffic hours to assist with alleviating
vehicle congestion. This deviation will test a change to the drawbridge
operation schedule to determine whether a permanent change to the
schedule is needed. The Coast Guard is seeking comments from the public
regarding this deviation.
DATES: This deviation is effective from 12:01 a.m. on August 1, 2023,
through 11:59 p.m. on January 22, 2024.
Comments and related material must reach the Coast Guard on or
before September 29, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0601 using Federal Decision Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this test
deviation, call or email If you have questions on this test deviation,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone 305-415-6740, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The Flagler Memorial Bridge, across Atlantic Intracoastal Waterway
(AICW), mile 1021.8, at West Palm Beach, Florida is a double-leaf
bascule bridge with a 24-foot vertical clearance at mean high water in
the closed position. The normal operating schedule is set forth in 33
CFR 117.261(u).
Palm Beach County and communities surrounding the bridge requested
the Coast Guard consider allowing the drawbridge to remain closed to
navigation during morning and evening peak traffic hours. The Coast
Guard has determined that allowing extended daily closures along this
portion of the AICW will not meet the reasonable needs of navigation.
However, to assist Palm Beach County and communities surrounding the
bridge with alleviating vehicle traffic in the area, the Coast Guard is
issuing the following temporary deviation to test an alternate
drawbridge operating schedule.
Under this temporary deviation, the Flagler Memorial Bridge will
open on the quarter and three-quarter hour, except that Monday through
Friday (except Federal holidays) from 7:30 to 9 a.m. and from 4 to 6
p.m., the draw need only open on the quarter hour.
The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.
II. Public Participation and Request for Comments
We view public participation as essential and will consider all
comments and material received during the comment period. Your comment
can help shape the outcome of this
[[Page 49288]]
temporary deviation. If you submit a comment, please include the docket
number for this temporary deviation, 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- 2023-0601 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 person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
View material in the docket. To view documents mentioned in this
deviation 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 go to the online docket and sign up
for email alerts, you will be notified when comments, future actions or
updates are posted to the docket.
We review all comments received, but we will only post comments
that address the topic of this deviation. 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).
Dated: July 26, 2023.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2023-16152 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.169149 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0601-0001/content.htm"
} |
USCG-2023-0605-0001 | Rule | 2023-07-28T04:00:00 | Security Zones; Seattle’s Seafair Fleet Week Moving Vessels, Puget Sound, WA | [Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48731-48732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16042]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0605]
Security Zones; Seattle's Seafair Fleet Week Moving Vessels,
Puget Sound, WA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce Seattle's Seafair Fleet Week
Moving Vessels security zones from August 1 through August 7, 2023, to
ensure the security of the vessels from sabotage or other subversive
acts during Seafair Fleet Week Parade of Ships. Our regulation for
marine events within the Thirteenth Coast Guard District identifies the
regulated area for this event in Seattle, WA. During the enforcement
period, no person or vessel may enter or remain in the security zones
without the permission of the Captain of the Port (COTP), Puget Sound
or his designated representative. The COTP has granted general
permission for vessels to enter the outer 400 yards of the security
zones as long as those vessels within the outer 400 yards of the
security zones operate at the minimum speed necessary to maintain
course unless required to maintain speed by the navigation rules.
DATES: The regulations in 33 CFR 165.1333 will be enforced for the
security 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 MST1 Steve Barnett, Sector
Puget Sound Waterways Management Division, U.S. Coast Guard; telephone
206-217-6051, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zones for Seattle's Seafair Fleet Week Moving Vessels in 33 CFR
165.1333 for the regulated areas in the Elliott Bay from 11:30 a.m. on
August 1, 2023, through 5 p.m. on August 7, 2023. This action is being
taken to ensure the security of the vessels from sabotage or other
subversive acts during this event. Our regulation for marine events
within the Thirteenth Coast Guard District, Sec. 165.1333, specifies
the location of the regulated area in the Puget Sound around the
participating vessels designated in this notice.
During the enforcement period, as reflected in Sec. 165.1333, no
person or vessel may enter or remain in the security zones without the
permission of the COTP or a designated representative. The COTP may be
assisted by other federal, state or local agencies with the enforcement
of the security zones. For 2023, the following areas are Sec. 165.1333
security zones: all navigable waters within 500 yards of USS JOHN S.
McCAIN (CG-56), USCGC HENRY BLAKE (WLM-563), USCGC ROBERT WARD (WPC-
1130), USCGC WAHOO (WPB-87345), HMCS YELLOWKNIFE (MM-706), HMCS
EDMONTON (MM-703), HMCS NANAIMO (MM-702), while each such vessel is in
the Sector Puget Sound COTP Zone.
The COTP has granted general permission for vessels to enter the
outer 400 yards of the security zones as long as those vessels within
the outer 400 yards of the security zones operate at the minimum speed
necessary to maintain course unless required to maintain speed by the
navigation rules. All vessel operators who desire to enter the inner
100 yards of the security zones or transit the outer 400 yards at
greater
[[Page 48732]]
than minimum speed necessary to maintain course must obtain permission
from the COTP or a designated representative by contacting the on-scene
patrol craft on VHF Ch 13 or Ch 16. Requests must include the reason
why movement within this area is necessary. Vessel operators granted
permission to enter the security zones will be escorted by the on-scene
patrol craft until they are outside of the security zones.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advanced
notification of the security zones via the Local Notice to Mariners and
marine information broadcasts before the start of the event. In the
event that there are changes to the participating vessels, due to
operational requirements, the Coast Guard will provide actual notice
for any additional designated participating vessels not covered in this
notice.
Members of the public may contact Sector Puget Sound COTP at 206-
217-6002 for an up-to-date list of designated participating vessels.
If the COTP determines that the security zones need not be enforced
for the full duration stated in this notice of enforcement, a Broadcast
Notice to Mariners may be used to grant general permission to enter all
portions of the regulated areas.
Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16042 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.170716 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0605-0001/content.htm"
} |
USCG-2023-0606-0001 | Rule | 2023-08-31T04:00:00 | Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL |
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60147-60150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18641]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0606]
RIN 1625-AA00
Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
[[Page 60148]]
certain navigable waters of the Atlantic Ocean near Islamorada, Florida
during the Swim for Alligator Lighthouse, open water swim event. A
safety zone for recurring marine events exists; however, for this
year's event the date has changed. The safety zone is necessary to
ensure the safety of event participants and spectators. Persons and
non-participant vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port (COTP) Key West or a designated
representative.
DATES: This rule is effective from 7:30 a.m. until 4 p.m., on September
9, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0606 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, Chief, Waterways Management
Division, Sector Key West, FL U.S. Coast Guard; telephone 305-292-8768,
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. The Coast Guard has an existing safety zone for
this recurring marine event at 33 CFR 165.786, Table to Sec. 165.786,
Item No. 9.1; however, the existing regulation only covers the event
when it is scheduled on the third Saturday of September. The primary
justification for this action is that the Coast Guard received final
details of the event without sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule. It would be impracticable and contrary to the public interest to
delay promulgating this rule, as it is necessary to protect the safety
of participants, spectators, the public, and vessels transiting in the
area.
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 the event is taking place on
September 9, 2023, and immediate action is needed to respond to the
potential safety hazards associated with this event.
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 this open water swim event will
be a safety concern for persons and vessels in the safey zone. This
rule is needed to ensure the safety of the event participants, the
general public, vessels and the marine environment in the navigable
waters within the safety zone during the Swim for Alligator Lighthouse
open water swim event.
IV. Discussion of the Rule
This rule establishes a safety zone on September 9, 2023 for a
period of 8.5 hours, from 7:30 a.m. to 4:00 p.m. The safety zone will
cover all waters of the Atlantic Ocean, between Amara Cay, and
Alligator Lighthouse, beginning at a point Latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W, thence to latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W, thence to latitude 24[deg]51.07' N,
longitude 080[deg]37.14' W, thence to latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W, thence to point of origin at latitude
24[deg]54.82' N, longitude 080[deg]38.03' W. The event course begins
and ends at Amara Cay Resort in Islamorada, Florida, and extends
through Hawks Channel, with a turnaround at Alligator Lighthouse.
Approximately 500 swimmers with kayak escorts and eight safety vessels
are anticipated to participate in the event. The size and duration of
the safety zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the open water
swim. Persons and non-participant vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
without obtaining permission from the COTP Key West or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
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 size,
location, duration and available exceptions to the enforcement of the
safety zone. The regulated area will impact small designated areas of
the Atlantic Ocean between Islamorada, Florida, and the Alligator
Lighthouse for only 8.5 hours and thus is limited in time and scope.
Furthermore, the rule will allow vessels to seek permission to enter
the safety zone. Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement periods if authorized by the COTP or a designated
representative. Vessels not able to enter, transit through, anchor in,
or remain within the regulated area without authorization from the COTP
or a designated representative may operate in the surrounding areas
during the 8.5 hour enforcement period. The Coast Guard will issue a
Local Notice to Mariners and a Broadcast Notice to Mariners, allowing
mariners to make alternative plans or seek permission to transit the
safety zone.
[[Page 60149]]
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 8.5 hours that will prohibit entry into the
area being used by swimmers and safety craft for the Alligator
Lighthouse swim. 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; 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.T07-0606 to read as follows:
Sec. 165.T07-0606 Safety Zone; Swim for Alligator Lighthouse,
Islamorada, FL.
(a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean beginning at a point Latitude
24[deg]54.82' N, longitude 080[deg]38.03' W, thence to latitude
24[deg]54.36' N, longitude 080[deg]37.72' W, thence to latitude
24[deg]51.07' N, longitude 080[deg]37.14' W, thence to latitude
24[deg]54.36' N, longitude 080[deg]37.72' W, thence to point of origin
at latitude 24[deg]54.82' N, longitude 080[deg]38.03' W. The event
course begins and ends at Amara Cay Resort in Islamorada, Florida,
extending through Hawks Channel with a turnaround point at Alligator
Lighthouse. All coordinates are North American Datum 1983.
(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 unless authorized by the COTP Key West 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 Key West
by telephone at (305) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
[[Page 60150]]
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
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from 7:30 a.m.
until 4:00 p.m., on September 9, 2023.
Dated: August 22, 2023.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-18641 Filed 8-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.171413 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0606-0001/content.htm"
} |
USCG-2023-0607-0001 | Rule | 2023-08-10T04:00:00 | Safety Zone; HBPW James DeYoung Powerplant Explosive Demolition; Macatawa |
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54237-54239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17168]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0607]
RIN 1625-AA87
Safety Zone; HBPW James DeYoung Powerplant Explosive Demolition;
Macatawa
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the James
DeYoung Powerplant Explosive Demolition on August 10, 2023. This safety
zone is located on all waters of
[[Page 54238]]
the Macatawa River within a circle with a 1000-foot radius from the
demolition site located at the James DeYoung Powerplant in position
42[deg]47.726' N 086[deg]6.81' W. 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: This rule is effective from 8:30 a.m. through 9:45 a.m. August
10, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0607 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 Petty Officer Brianna Southard, USCG SECTOR Lake
Michigan--Waterways Management Division, U. S. Coast Guard; telephone
414-747-7188, 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 changed the date of
the demolition and did not provide the Captain of the Port enough
notice to accommodate the comment period. It is impracticable to
conduct a notice-and-comment rulemaking and have this temporary rule in
place by August 10, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
ensure the safety vessels during the James DeYoung Powerplant Explosive
Demolition on August 10, 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 Lake Michigan (COTP) has
determined that potential hazards associated with the explosive
demolition, will be a safety concern for anyone within a 1000-foot
radius of the demolition site. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the demolition.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 a.m. until 9:45 a.m.
on August 10, 2023. The safety zone will cover all navigable waters
within a 1000-foot radius of position 42[deg]47.726' N 086[deg]6.81' W
in the vicinity of the James DeYoung Powerplant on the Macatawa River,
Holland, MI. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the demolition. 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 safety zone will impact a small
part of the waterway and is designed to minimize impact on navigable
waters. This rule will prohibit entry into certain navigable waters of
Macatawa River in Holland, MI, and is not anticipated to exceed 1 hour
in duration. Moreover, under certain conditions vessels may still
transit through the safety zone when permitted by the COTP 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 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 54239]]
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 safety
zone with a 1000-foot radius on the Macatawa River around position
42[deg]47.726' N 086[deg]6.81' W on August 10, 2023, from 8:30 a.m.
until 9:45 a.m. 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 set out 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.T09-0607 to read as follows:
Sec. 165.T09-0607 Safety Zone; Macatawa River, Holland, MI.
(a) Location. Holland, MI. In the vicinity of the James DeYoung
Power Plant near the Macatawa River within 1000-feet of the demolition
site in position 42[deg]47.726' N 086[deg]6.8' W.
(b) Regulations. The following regulations apply to this safety
zone.
(1) The general regulations in Sec. 165.23.
(2) All vessels must obtain permission from the Captain of the Port
(COTP) Lake Michigan or his or her designated representative to enter,
move within, or exit a safety zone established in this section when the
safety zone is enforced. Vessels and persons granted permission to
enter one of the safety zones listed in this section must obey all
lawful orders or directions of the COTP Lake Michigan or his or her
designated representative. Upon being hailed by the U.S. Coast Guard by
siren, radio, flashing light or other means, the operator of a vessel
must proceed as directed.
(c) Enforcement period. The regulation in this section will be
enforced from 8:30 a.m. through 9:45 a.m. on August 10, 2023. The
Captain of the Port Sector Lake Michigan, or a designated
representative may suspend enforcement of the safety zone at any time.
Dated: August 4, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2023-17168 Filed 8-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.173714 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0607-0001/content.htm"
} |
USCG-2023-0610-0001 | Rule | 2023-08-14T04:00:00 | Safety Zone; Ohio River Mile Markers 90.4–91, Wheeling, WV |
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Rules and Regulations]
[Pages 54880-54882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17380]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0610]
RIN 1625-AA00
Safety Zone; Ohio River Mile Markers 90.4-91, Wheeling, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Ohio River on August 23, 2023, at mile marker 90.4 to mile
marker 91 from 5 through 9 p.m. This action is necessary to provide for
the safety of life on the navigable waters during a floating lantern
festival. 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 August 23, 2023, from 5 through 9 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0610 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
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 August 23,
2023, to provide for the safety of life on the navigable waters during
a floating lantern festival, 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
[[Page 54881]]
after the date of the floating lantern festival. Vessels inside of the
safety zone have the potential of ruining over the lanterns.
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 August 23, 2023, to ensure the safety of
the of life on the navigable waters during the floating lantern
festival.
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 floating lantern festival on August
23, 2023, will be a safety concern for anyone on the Ohio River from
mile markers 90.4 to mile marker 91 from 5 to 9 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 5 until 9 p.m.
on August 23, 2023. The safety zone will cover all navigable waters on
the Ohio River from mile markers 90.4 to mile marker 91. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in the navigable waters during a floating lantern festival.
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 0.6 mile stretch on the Ohio River for 5 hours on August 23,
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).
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.
[[Page 54882]]
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 5 hours on August 23, 2023, on the Ohio
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.T08-0610 to read as follows:
Sec. 165.T08-0610 Safety Zone Ohio River, Wheeling, WV.
(a) Location. The following area is a temporary safety zone on the
Ohio River from mile marker 90.4 to mile marker 91.
(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 5 through 9
p.m. on August 23, 2023. The temporary safety zone will be enforced
during the 5 hours floating lantern festival.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2023-17380 Filed 8-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.175177 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0610-0001/content.htm"
} |
USCG-2023-0613-0001 | Rule | 2023-08-02T04:00:00 | Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV |
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50765-50767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16428]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0613]
RIN 1625-AA00
Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a half mile radius of the Donald Legg Memorial
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by adding a
center section of the bridge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective from 5:30 a.m. on August 24, 2023,
through 7 p.m. on 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-
2023-0613 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 Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone 304-733-0198, 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
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
impracticable. A safety zone is needed to alleviate safety concerns
associated with construction operations for the purpose of adding the
center section of the Donald Legg Memorial Bridge. It is impracticable
to publish an NPRM because we must establish this safety zone by August
24th, 2023, 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 impracticable and contrary to the public interest
because we must establish the safety zone by August 24, 2023 in order
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the bridge construction
beginning 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 Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with construction operations on the Donald
Legg Memorial Bridge on August 23, 2023, and August 24, 2023, present a
safety concern. The purpose of this rulemaking
[[Page 50766]]
is to ensure the safety of the public surrounding regulated area
before, during, and after the construction event.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 5:30
a.m. until 8 p.m. on August 24, 2023, and from 7 a.m. until 7 p.m. on
August 25, 2023. The safety zone will cover all navigable waters
between mile markers 41.5 to 42.5 on the Kanawha River. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the bridge span is being
added. 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 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 Ohio
Valley (COTP) in the enforcement of the safety zone.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. 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 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.
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 regulated area. This rule is
limited to the Kanawha River from mile 41.5 to 42.5 on August 23, 2023,
and August 24, 2023, and will be enforced only during the times
specified. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated area and the
rule allows vessels to seek permission to enter the 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
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
establishing a temporary safety zone on the Kanawha River at mile 41.5
to 42.5 on August 23, 2023, and August 24, 2023. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS
[[Page 50767]]
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.T08-0613 to read as follows:
Sec. 165.T08-0613 Safety Zone; Kanawha River, Mile Markers 41.5 to
42.5 Nitro, WV.
(a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 41.5 to mile marker 42.5,
extending the entire width of the river.
(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.
(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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
(2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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) 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.
(4) 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.
(5) 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 section will be enforced from 5:30
a.m. to 8 p.m. on August 23, 2023, and 6:30 a.m. to 7 p.m. on August
24, 2023.
Dated: July 25, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-16428 Filed 8-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.176136 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0613-0001/content.htm"
} |
USCG-2023-0613-0003 | Rule | 2023-08-17T04:00:00 | Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV, Change in Dates |
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Rules and Regulations]
[Pages 55913-55915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17705]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0613]
RIN 1625-AA00
Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV,
Change in Dates
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a half mile radius of the Donald Legg Memorial
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by adding a
center section of the bridge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative. This
temporary final rule reflects a change in the dates of the bridge
construction than we previously announced in a prior temporary final
rule.
DATES: This rule is effective from 5:30 a.m. on August 28, 2023,
through 7 p.m. on August 29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0613 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 Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone 304-733-0198, email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
[[Page 55914]]
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 previously published a temporary final rule for a
safety zone on August 2, 2023, titled ``Safety Zone; Kanawha River,
Mile Markers 41.5 to 42.5, Nitro, WV'' at 88 FR 50765. That safety zone
was going to be effective August 24, 2023 though August 25, 2023. The
Coast Guard received notice on August 9, 2023, that the project manager
must change the dates of the bridge construction. Therefore, we must
change the effective dates and enforcement times from that original
safety zone temporary final rule. This rule replaces the previous rule
issued on August 2, 2023 at 88 FR 50765. We will no longer be enforcing
the safety zone on the dates described in that rule. Instead, this
safety zone will be enforced on August 28, 2023 and August 29, 2023
when the bridge construction is scheduled to occur.
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 impracticable.
A safety zone is needed to alleviate safety concerns associated with
construction operations for the purpose of adding the center section of
the Donald Legg Memorial Bridge. It is impracticable to publish an NPRM
because late notice was given for the change in enforcement dates,
which now require the establishment of a safety zone by August 28th,
2023, 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 impracticable and contrary to the public interest
because we must establish the safety zone by August 28, 2023, in order
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the bridge construction
beginning 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 Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with construction operations on the Donald
Legg Memorial Bridge on August 28, 2023, and August 29, 2023, present a
safety concern. The purpose of this rulemaking is to ensure the safety
of the public surrounding regulated area before, during, and after the
construction event.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 5:30
a.m. until 8 p.m. on August 28, 2023, and from 7 a.m. until 7 p.m. on
August 29, 2023. The safety zone will cover all navigable waters
between mile markers 41.5 to 42.5 on the Kanawha River. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the bridge span is being
added. 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 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 Ohio
Valley (COTP) in the enforcement of the safety zone.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. 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 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.
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 regulated area. This rule is
limited to the Kanawha River from mile 41.5 to 42.5 on August 28, 2023,
and August 29, 2023, and will be enforced only during the times
specified. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated area and the
rule allows vessels to seek permission to enter the 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
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
[[Page 55915]]
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
establishing a temporary safety zone on the Kanawha River at mile 41.5
to 42.5 on August 28, 2023, and August 29, 2023. 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. Revise Sec. 165.T08-0613 to read as follows:
Sec. 165.T08-0613 Safety Zone; Kanawha River, Mile Markers 41.5 to
42.5 Nitro, WV, Change in Dates.
(a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 41.5 to mile marker 42.5,
extending the entire width of the river.
(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.
(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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
(2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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) 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.
(4) 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.
(5) 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 section will be enforced from 5:30
a.m. to 8 p.m. on August 28, 2023, and 6:30 a.m. to 7 p.m. on August
29, 2023.
Dated: August 12, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-17705 Filed 8-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.177966 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0613-0003/content.htm"
} |
USCG-2023-0613-0004 | Rule | 2023-09-06T04:00:00 | Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV, Change in Dates |
[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Rules and Regulations]
[Pages 60890-60893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19205]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0613]
RIN 1625-AA00
Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV,
Change in Dates
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a half mile radius of the Donald Legg Memorial
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by adding a
center section of the bridge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the
[[Page 60891]]
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative. This temporary final rule reflects a change in the
dates of the bridge construction than we previously announced in a
prior temporary final rule.
DATES: This rule is effective without actual notice from September 6,
2023 through September 18, 2023. For the purposes of enforcement,
actual notice will be used from September 4, 2023 until September 6,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0613 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 Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone 304-733-0198, 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
The Coast Guard previously published a temporary final rule for a
safety zone on August 17, 2023, titled ``Safety Zone; Kanawha River,
Mile Markers 41.5 to 42.5, Nitro, WV'' at 88 FR 55913. That safety zone
was going to be effective August 28, 2023, through August 29, 2023. The
Coast Guard received notice on August 29, 2023, that the project
manager must change the dates of the bridge construction. Therefore, we
must change the effective dates and enforcement times from that
original safety zone temporary final rule. This rule replaces the
previous rule issued on August 17, 2023, at 88 FR 55913. We will no
longer be enforcing the safety zone on the dates described in that
rule. Instead, this safety zone will be over the span of two weeks,
from September 4, 2023, to September 18, 2023, and subject to
enforcement when announced via Broadcast Notice to Mariners.
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 impracticable.
A safety zone is needed to alleviate safety concerns associated with
construction operations for the purpose of adding the center section of
the Donald Legg Memorial Bridge. It is impracticable to publish an NPRM
because late notice was given for the change in enforcement dates,
which now require the establishment of a safety zone by September 4,
2023, 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 impracticable and contrary to the public interest
because we must establish the safety zone by September 4, 2023, in
order to protect personnel, vessels, and the marine environment from
the potential safety hazards associated with the bridge construction
beginning 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 Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with construction operations on the Donald
Legg Memorial Bridge from September 4, 2023, to September 18, 2023,
present a safety concern. The purpose of this rulemaking is to ensure
the safety of the public surrounding regulated area before, during, and
after the construction event.
IV. Discussion of the Rule
This rule establishes a safety zone that will be subject to
enforcement via Broadcast Notice to Mariners from September 4, 2023,
through September 18, 2023, daily between 5:30 a.m. to 8 p.m. The
safety zone will cover all navigable waters between mile markers 41.5
to 42.5 on the Kanawha River. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the bridge span is being added. 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 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 Ohio Valley (COTP) in the
enforcement of the safety zone.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. 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 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.
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 regulated area. This rule is
limited to the Kanawha River from mile 41.5 to 42.5 on September 4,
2023, through September 18, 2023, and will be enforced only during the
times specified. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the regulated area and
the rule allows vessels to seek permission to enter the area.
[[Page 60892]]
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
establishing a temporary safety zone on the Kanawha River at mile 41.5
to 42.5 on September 4, 2023, through September 18, 2023. 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. Revise Sec. 165.T08-0613 to read as follows:
Sec. 165.T08-0613 Safety Zone; Kanawha River, Mile Markers 41.5 to
42.5 Nitro, WV, Change in Dates.
(a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 41.5 to mile marker 42.5,
extending the entire width of the river.
(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.
(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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
(2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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) 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
[[Page 60893]]
from the area, citation for failure to comply, or both.
(4) 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.
(5) 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 section will be subject to
enforcement from September 4, 2023, through September 18, 2023, between
5:30 a.m. to 8 p.m.
Dated: August 30, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-19205 Filed 9-5-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.178617 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0613-0004/content.htm"
} |
USCG-2023-0614-0001 | Rule | 2023-07-31T04:00:00 | Safety Zone; Fleet Week Maritime Festival, Pier 62, Elliot Bay, Seattle, Washington | [Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49288-49290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16069]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0614]
RIN 1625-AA00
Safety Zone; Fleet Week Maritime Festival, Pier 62, Elliot Bay,
Seattle, Washington
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a box encompassed by the points 47[deg]36.719'
N, 122[deg]21.099' W; 47[deg]36.682' N, 122[deg]21.149' W;
47[deg]36.504' N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773'
W located in Elliott Bay, Seattle, WA, from thirty minutes prior to the
beginning through thirty minutes following the conclusion of the parade
of ships. This action is necessary to promote safety on navigable
waters. During the enforcement period, entry into, transit through,
mooring, or anchoring within this zone is prohibited unless authorized
by the Captain of the Port, Sector Puget Sound or a designated
representative.
DATES: This temporary rule is effective from 11:30 a.m. until 2:30 p.m.
on August 1, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0614 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 Robert Nakama, 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
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 this temporary rule because we must establish the safety zone
by August 1, 2023, to protect the public.
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 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 parade
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. Due to the Parade of Ships taking place near Pier 62, Elliott
Bay, Seattle, WA, on August 1, 2023, there will be a safety concern for
anyone within a box encompassed by the points 47[deg]36.719' N,
122[deg]21.099' W; 47[deg]36.682' N, 122[deg]21.149' W; 47[deg]36.504'
N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773' W. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone associated with the Parade of
Ships.
IV. Discussion of the Rule
This rule establishes a safety zone for this year's Parade of
Ships, the Pass in Review of which will occur on Pier 62. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters near Pier 62. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. The safety zone will be
enforced from 11:30 a.m. until 2:30 p.m. on August 1, 2023.
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 49289]]
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 safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small, designated area of Elliott Bay for 2 hours. 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 vessel
operators 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 3 hours that will prohibit entry within 100
yards of Pier 62. It is categorically excluded from further review
under paragraph L60a 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.T13-0614 to read as follows:
Sec. 165.T13-0614 Safety Zone; Fleet Week Maritime Festival, Pier 62,
Elliott Bay, Seattle, Washington.
(a) Location. The following area is a safety zone: All waters
extending 100 yards from Pier 62, Elliott Bay, WA within a box
encompassed by the points, 47[deg]36.719' N, 122[deg]21.099' W;
47[deg]36.682' N, 122[deg]21.149' W; 47[deg]36.504' N, 122[deg]20.723'
W; 47[deg]36.469' N, 122[deg]20.773' W.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter, transit, moor,
or anchor within this safety zone, except for vessels authorized by the
Captain of the Port or
[[Page 49290]]
Designated Representative, thirty minutes prior to the beginning,
during and thirty minutes following the conclusion of the Parade of
Ships. For the purpose of this rule, the Parade of Ships includes both
the pass and review of the ships near Pier 62 and the aerial
demonstrations immediately following the pass and review. The Captain
of the Port may be assisted by other federal, state, or local agencies
as needed.
(c) Authorization. In order to transit through this safety zone,
authorization must be granted by the Captain of the Port, Puget Sound,
or their Designated Representative. All vessel operators desiring entry
into this safety zone shall gain authorization by contacting either the
on-scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast
Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) via
telephone at (206) 217-6002. Requests shall indicate the reason why
movement within the safety zone is necessary and the vessel's arrival
and/or departure facility name, pier and/or berth. Vessel operators
granted permission to enter this safety zone will be escorted by the
on-scene patrol until no longer within the safety zone.
(d) Enforcement period. This section will be enforced from 11:30
a.m. until 2:30 p.m. on August 1, 2023.
Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16069 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.179484 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0614-0001/content.htm"
} |
USCG-2023-0616-0001 | Rule | 2023-07-28T04:00:00 | Safety Zone; Kaiser Fireworks, Lake St. Clair; Grosse Pointe Park, MI | [Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48732-48734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16019]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0616]
RIN 1625-AA00
Safety Zone; Kaiser Fireworks, Lake St. Clair; Grosse Pointe
Park, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on Lake St. Clair in Grosse Point Park, 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 Kaiser family. 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 August
5, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0616 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 on
Lake St. Clair. It is impracticable and contrary to the public interest
to publish a NPRM because we must establish this safety zone by August
5, 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.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10:30 p.m.
on August 5, 2023. The safety zone will encompass all U.S. navigable
waters of Lake St. Clair within a 200-yard radius of the fireworks
launch site located 42[deg]22.629' N, 082[deg]54.929' W, near Grosse
Point Park, 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 Lake
[[Page 48733]]
St. Clair 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.
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 approximately 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.T09-0616 to read as follows:
Sec. 165.T09-0616 Kaiser Fireworks, Lake St. Clair; Grosse Pointe
Park, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of Lake St. Clair within a within a 200-yard
radius of the fireworks launch site located at position 42[deg]22.629'
N, 082[deg]54.929' 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 August 5, 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.
[[Page 48734]]
(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.
Dated: July 21, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-16019 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.180496 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0616-0001/content.htm"
} |
USCG-2023-0623-0001 | Rule | 2023-08-11T04:00:00 | Safety Zone: Coast Guard Island, Alameda, CA |
[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Rules and Regulations]
[Pages 54489-54491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17269]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0623]
RIN 1625-AA00
Safety Zone; Coast Guard Island, Alameda, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Alameda Estuary, from surface to bottom, within 250
feet of the pier along the southwest side of Coast Guard Island in
support of a munitions transfer on August 13, 2023. The safety zone is
necessary to protect personnel, vessels, and the marine environment
from the dangers associated with live munitions. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port San Francisco.
DATES: This rule is effective from 8 a.m. through 1 p.m. on August 13,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0623 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 Helen Oh, Sector San Francisco Waterways Safety
Management, U.S. Coast Guard; telephone 415-399-7405, 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
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 munitions must be transferred for
operational readiness. It is impracticable to publish an NPRM because
we must establish this safety zone by August 13, 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. 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 munitions
transfer near Alameda, CA beginning August 13, 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 (COTP) San Francisco has determined that
potential hazards associated with the munitions transfer starting
August 13, 2023, will be a safety concern for anyone within a 250-foot
radius of the pier along the southwest side of Coast Guard Island. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
munitions transfer.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. until 1 p.m. on
August 13, 2023. The safety zone will cover all waters of the Alameda
Estuary, from surface to bottom, within 250 feet of the pier along the
southwest side of Coast Guard Island. The safety zone is necessary to
ensure the safety of people, vessels, and the marine environment for
[[Page 54490]]
the duration of the munitions transfer. 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, 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 Alameda Estuary for only five
hours. 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 only five hours that will prohibit entry within 250
feet of the pier along the southwest side of Coast Guard Island. 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.T11-136 to read as follows:
[[Page 54491]]
Sec. 165.T11-136 Safety Zone; Coast Guard Island, Alameda, CA.
(a) Location. The following area is a safety zone: All waters of
the Alameda Estuary, from surface to bottom, within 250 feet of the
pier along the southwest side of Coast Guard Island.
(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) 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.
(c) Enforcement period. This section will be enforced from 8 a.m.
to 1 p.m. on August 13, 2023.
Dated: August 3, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-17269 Filed 8-10-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.181983 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0623-0001/content.htm"
} |
USCG-2023-0630-0001 | Rule | 2023-08-01T04:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA | [Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Page 50042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16447]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0630]
Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Military Ocean Terminal Concord, CA
AGENCY: Coast Guard, Department of Homeland Security (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) on August 1, 2023,
through August 2, 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 (COTP) 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 August 1, 2023, until 11:59 p.m. on August 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email CWO3 Joel B. Henderson,
U.S. Coast Guard Sector San Francisco, Waterways Management Division,
at 415-399-7442, [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 August 1, 2023, until 11:59 p.m. on
August 2, 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 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: July 27, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-16447 Filed 7-31-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.182976 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0630-0001/content.htm"
} |
USCG-2023-0632-0001 | Rule | 2023-09-15T04:00:00 | Safety Zone; Bay St. Louis, MS |
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63525-63527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20099]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0632]
RIN 1625-AA00
Safety Zone; Bay St. Louis, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters at the opening of Bay St. Louis, extending the entire
width of the channel, approximately \1/2\ mile south of the Hwy 90
Bridge. This safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the 2023 Swim
Across the Bay. Entry of vessels or persons into this zone is
prohibited unless specifically authorized the Captain of the Port
Sector Mobile (COTP) or a designated representative.
DATES: This rule is effective from 7 a.m. through 10 a.m. on September
17, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0632 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 Lawrence J. Schad, Sector Mobile, Waterways
Management Division, U.S. Coast Guard; telephone 251-441-5678, 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 final 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)(3)(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. It is impracticable to publish an NPRM
because we must establish this safety zone by September 17th, 2023, 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 is contrary to public interest because it would delay the
safety measures necessary to respond to potential safety hazards
associated with the 2023 Swim Across the Bay. Immediate action is
needed to protect vessels and mariners from the safety hazards
associated with 2023 Swim Across the Bay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential
[[Page 63526]]
hazards associated with the 2023 Swim Across the Bay on September 17th,
2023, will be a safety concern for any vessels or persons at the
opening of Bay St. Louis, approximately \1/2\ mile south of the Hwy 90
Bridge in Bay St. Louis, MS. This rule is needed to protect the public,
mariners, and vessels from the potential hazards associated with the
2023 Swim Across the Bay.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone, effective
from 7 a.m. to 10 a.m. on September 17, 2023. The safety zone
encompasses the opening of Bay St. Louis, extending the entire width of
the channel, approximately \1/2\ mile south of the Hwy 90 Bridge in Bay
St. Louis, MS. The location and duration of this safety zone is
intended to protect persons and vessels during the 2023 Swim Across the
Bay that will take place on this navigable waterway. No person or
vessel will be permitted to enter or transit within the safety zone,
unless specifically authorized by the COTP or a designated
representative. Public notifications will be made to the local maritime
community through Broadcast Notice to Mariners (BNM). To enter the
zone, mariners and other members of the public must also contact the
COTP or designated representative to ask permission to enter the safety
zone on VHF-FM channels 15 and 16 or by telephone at 251-382-8653. If
permission is granted, all persons and vessels must comply with the
instructions of the COTP or 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. This temporary safety zone
will only restrict navigation for 3 hours near the opening of Bay St.
Louis, approximately \1/2\ mile south of the Hwy. 90 Bridge in Bay St.
Louis, MS, extending the entire width of the channel. Moreover, the
Coast Guard will issue a Local Notice to Mariners (LNM) 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 that will prohibit mariners and the public near the opening
of Bay St. Louis, extending the entire width of the channel
approximately \1/2\ mile south of the Hwy 90 Bridge in Bay St. Louis,
MS. 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
[[Page 63527]]
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under 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. AddSec. 165.T08-0632 to read as follows:
Sec. 165.T08-0632 Safety Zone; Bay St. Louis, MS.
(a) Location. The following area is a safety zone: the opening of
Bay St. Louis, extending the entire width of the channel, approximately
\1/2\ mile south of the Hwy 90 Bridge in Bay St. Louis, MS.
(b) Enforcement period. This section will be enforced on September
17, 2023 from 7 a.m. through 10 a.m.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the regulations in this section apply to the
regulated area.
(2) Entry into the zone described in paragraph (a) of this section
is prohibited unless authorized by the Captain of the Port Sector
Mobile (COTP) or a designated representative.
(3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channels 15 and 16 or
by telephone at 251-441-5678.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone.
Dated: September 11, 2023.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2023-20099 Filed 9-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.184128 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0632-0001/content.htm"
} |
USCG-2023-0634-0001 | Rule | 2023-08-10T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone |
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Page 54237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17167]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0634]
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 a safety zone that encompasses
certain navigable waters on Lake Erie, for D-Day Conneaut, in Conneaut,
OH. 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, entry (c)(2) of Table to
Sec. 165.939, will be enforced from 1:45 p.m. through 5:45 p.m. each
day from August 17, 2023, through August 19, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant 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(c)(2) in Conneaut, OH on all U.S. waters of
Conneaut Township Park, Lake Erie, within an area starting at
41[deg]57.71' N, 080[deg]34.18' W, to 41[deg]58.36' N, 080[deg]34.17'
W, to 41[deg]58.53' N, 080[deg]33.55' W, to 41[deg]58.03' N,
080[deg]33.72' W (NAD 83), and returning to the point of origin.
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. This notification is being issued by the Coast
Guard Sector Buffalo Prevention Department Head at the direction of the
Captain of the Port.
Dated: August 2, 2023.
Jeff B. Bybee,
Commander, U.S. Coast Guard, Sector Buffalo Prevention Department Head.
[FR Doc. 2023-17167 Filed 8-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.185025 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0634-0001/content.htm"
} |
USCG-2023-0639-0001 | Rule | 2023-08-30T04:00:00 | Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI |
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59800-59802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18711]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0639]
RIN 1625-AA00
Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair,
Grosse Pointe Farms, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters within Lake St. Clair in Grosse Pointe Farms,
MI. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards during a fireworks event.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Detroit.
DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on
September 2, 2023, and in the case of inclement weather from 9:30 p.m.
through 10:30 p.m. on September 3, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 59801]]
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0639 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 Ms. Tracy Girard, U.S. Coast Guard; (313) 475-7475,
[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 is impracticable. The Coast
Guard did not receive notice of the fireworks with sufficient time to
undergo notice and comment. We must establish this safety zone by
September 2, 2023 in order to protect the public form the hazards
associated with a fireworks 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
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
starting September 2, 2023, will be a safety concern for anyone within
a 250-yard radius of the fireworks location. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while fireworks show is being displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 p.m. through 10:30
p.m. on September 2, 2023. In the case of inclement weather on
September 2, 2023, this safety zone will be enforced from 9:30 p.m.
through 10:30 p.m. on September 3, 2023. The safety zone will cover all
navigable waters within a 250 yard radius of location 42[deg]24.51' N
082[deg]52.97' W (WGS 84). The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the fireworks show is being displayed. 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 size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Lake St. Clair for less than an
hour during the night 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
[[Page 59802]]
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 less than an hour that will prohibit entry within
250-yard radius of 42[deg]24.51' N 082[deg]52.97' W (WGS 84). 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, 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.T09-0639 to read as follows:
Sec. 165.T09-0639 Safety Zones; Grosse Pointe Farms Fireworks, Lake
St. Clair, Grosse Pointe, MI.
(a) Location. This safety zone is established to encompass all U.S.
navigable waters of Lake St. Clair within a 250-yard radius of
42[deg]24.51' N 082[deg]52.97' W (WGS 84).
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from 9:30 p.m. through 10:30 p.m. on
September 2, 2023. In the case of inclement weather on September 2,
2023, this safety zone will be enforced from 9:30 p.m. through 10:30
p.m. on September 3, 2023.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within these safety zones is
prohibited unless authorized by the COTP Detroit or a designated on-
scene representative.
(2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP Detroit or a designated on-scene
representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a federal, state,
or local law enforcement officer designated by the COTP Detroit to act
on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP Detroit or an on-scene representative to
obtain permission to do so. The COTP Detroit 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 Detroit or an on-scene
representative.
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18711 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.185616 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0639-0001/content.htm"
} |
USCG-2023-0640-0001 | Rule | 2023-08-25T04:00:00 | Safety Zone; Lake Erie, Black River, Lorain, OH, South of East Erie Avenue Bridge Adjacent to Black River Landing |
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58106-58108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18326]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0640]
RIN 1625-AA00
Safety Zone; Lake Erie, Black River, Lorain, OH, South of East
Erie Avenue Bridge Adjacent to Black River Landing
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will be establishing a temporary safety zone
for certain waters of Lake Erie. This action is necessary to provide
for the safety of life on waters of the Black River, a tributary of
Lake Erie, during the Cleveland Dragon Boat Festival. This 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.
DATES: This rule is effective from 7:45 a.m. through 5:15 p.m. on
September 10, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0640 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 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
[[Page 58107]]
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 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 delaying the effective date of this
rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
participants in these navigable waters before, during, and after the
boat festival.
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 to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
participants in these navigable waters before, during, and after the
Cleveland Dragon Boat Festival.
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 a safety zone
is needed to protect the participants during the Cleveland Dragon Boat
Festival occurring on the Black River in Lorain, Ohio, on September 10,
2023.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:45 a.m. until 5:15 p.m.
on September 10, 2023. The safety zone will cover all navigable waters
of the Black River, a tributary of Lake Erie in Lorain, Ohio, south of
East Erie Avenue Bridge and adjacent to the Black River Landing. The
duration of the zone is intended to ensure the safety of participants
in these navigable waters before, during, and after the Cleveland
Dragon Boat Festival. Dates and times of enforcement will be made
public via broadcast notice to mariners prior to 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 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 size, location,
and duration of the rule. This safety zone will restrict navigation
through the boat festival 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
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.
[[Page 58108]]
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 the
establishment of a safety zone that will prohibit entry in, out or
through navigable waters south of the East Erie Avenue Bridge and
adjacent to the Black River Landing, located on the Black River in
Lorain, OH. It is 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 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.T09-0640 to read as follows:
Sec. 165.T09-0640 Safety Zone; Lake Erie, Black River, Lorain, OH,
South of East Erie Avenue Bridge Adjacent to Black River Landing.
(a) Location. The safety zone will cover all navigable waters south
of the East Erie Avenue Bridge and adjacent to the Black River Landing,
located on the Black River in Lorain, Ohio, a tributary of Lake Erie.
(b) Enforcement period. This section will be enforced from 7:45
a.m. through 5:15 p.m. on September 10, 2023.
(c) 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 Captain of the Port Sector
Buffalo (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
(d) 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.
(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 official patrol vessels in the regulated area during the
enforcement period listed in paragraph (b) 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 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 areas
specified in 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) The Patrol Commander will terminate enforcement of the special
regulations in this section at the conclusion of the event.
Dated: August 17, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-18326 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.186421 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0640-0001/content.htm"
} |
USCG-2023-0641-0001 | Rule | 2023-08-04T04:00:00 | Security Zones: Seattle's Seafair Fleet Week Moving Vessels, Puget Sound, WA |
[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51701-51702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16682]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0641]
Security Zones; Seattle's Seafair Fleet Week Moving Vessels,
Puget Sound, WA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce Seattle's Seafair Fleet Week
Moving Vessels security zones from August 1 through August 7, 2023 to
ensure the security of the vessels from sabotage or other subversive
acts during Seafair Fleet Week Parade of Ships. Our regulation for
marine events within the Thirteenth Coast Guard District identifies the
regulated area for this event in Seattle, WA. During the enforcement
period, no person or vessel may enter or remain in the security zones
without the permission of the Captain of the Port (COTP), Puget Sound
or his designated representative. The COTP has granted general
permission for vessels to enter the outer 400 yards of the security
zones as long as those vessels within the outer 400 yards of the
security zones operate at the minimum speed necessary to maintain
course unless required to maintain speed by the navigation rules.
DATES: The regulations in 33 CFR 165.1333 will be enforced for the
security 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 MST1 Steve Barnett, Sector
Puget Sound Waterways Management Division, U.S. Coast Guard; telephone
206-217-6051, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zones for Seattle's Seafair Fleet Week Moving Vessels in 33 CFR
165.1333 for the regulated areas in the Elliott Bay from 11:30 a.m. on
August 1, 2023, through 5 p.m. on August 7, 2023. This action is being
taken to ensure the security of the vessels from sabotage or other
subversive acts during this event. Our regulation for marine events
within the Thirteenth Coast Guard District, Sec. 165.1333, specifies
the location of the regulated area in the Puget Sound around the
participating vessels designated in this notice.
During the enforcement period, as reflected in Sec. 165.1333, no
person or vessel may enter or remain in the security zones without the
permission of the COTP or a designated representative. The COTP may be
assisted by other federal, state or local agencies with the enforcement
of the security zones. For 2023, the following areas are Sec. 165.1333
security zones: all navigable waters within 500 yards of USS BARRY
(DDG-52), USCGC HENRY BLAKE (WLM-563), USCGC ROBERT WARD (WPC-1130),
USCGC WAHOO (WPB-87345), HMCS YELLOWKNIFE (MM-706), HMCS EDMONTON (MM-
703), HMCS NANAIMO (MM-702), while each such vessel is in the Sector
Puget Sound COTP Zone.
The COTP has granted general permission for vessels to enter the
outer 400 yards of the security zones as long as those vessels within
the outer 400 yards of the security zones operate at the minimum speed
necessary to maintain course unless required to maintain speed by the
navigation rules. All vessel operators who desire to enter the inner
100 yards of the security zones or transit the outer 400 yards at
greater than minimum speed necessary to maintain course must obtain
permission from the COTP or a designated representative by contacting
the on-scene patrol craft on VHF Ch 13 or Ch 16. Requests must include
the reason why movement within this area is necessary. Vessel operators
granted permission to enter the security zones will be escorted by the
on-scene patrol craft until they are outside of the security zones.
Due to a change in participating vessels, the Coast Guard will
provide the maritime community with advanced actual notification of
these security zones via the Local Notice to Mariners and marine
information broadcasts before the start of the event. In the event that
there are additional changes to the participating vessels, due to
operational requirements, the Coast Guard will provide actual notice
for any additional designated participating vessels not covered in this
notice.
Members of the public may contact Sector Puget Sound COTP at 206-
217-6002 for an up-to-date list of designated participating vessels.
[[Page 51702]]
If the COTP determines that the security zones need not be enforced
for the full duration stated in this notice of enforcement, a Broadcast
Notice to Mariners may be used to grant general permission to enter all
portions of the regulated areas.
Dated: July 31, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16682 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.187625 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0641-0001/content.htm"
} |
USCG-2023-0648-0001 | Rule | 2023-08-15T04:00:00 | Safety Zone; Ohio River, Mile Markers 46 to 46.5, St. Albans, WV |
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55371-55373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17491]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0648]
RIN 1625-AA00
Safety Zone; Ohio River, Mile Markers 46 to 46.5, St. Albans, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the City of Nitro Labor Day Fireworks Display occurring on September 3,
2023, on the Kanawha River, Nitro, WV. The safety zone will cover all
navigable waters between mile marker 46 and 46.5
[[Page 55372]]
to protect personnel, vessels, and the marine environment from
potential hazards associated with a fireworks event. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.
DATES: This rule is effective from 9 through 10 p.m. on September 3,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0648 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 Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone 304-733-0198, 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
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
impracticable. A safety zone is needed to alleviate safety concerns
associated with a fireworks display. It is impracticable to publish an
NPRM because we must establish this safety zone by September 3, 2023,
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 impracticable and contrary to the public interest
because we must establish the safety zone by September 3, 2023 in order
to protect personnel, vessels, and the marine environment from 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. The Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with the City of Nitro Labor Day Fireworks
Display on September 3, 2023, present a safety concern. The purpose of
this rulemaking is to ensure the safety of the public surrounding
regulated area before, during, and after the fireworks event.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 9
until 10 p.m. on September 3, 2023. The safety zone will cover all
navigable waters between mile markers 46 to 46.5 on the Kanawha River.
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. A designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. 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 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.
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 regulated area. This rule is
limited to the Kanawha River from mile 46 to 46.5 on September 3, 2023,
and will be enforced only for a one-hour duration. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the regulated area and the rule allows vessels to seek
permission to enter the 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
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
[[Page 55373]]
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
establishing a temporary safety zone lasting only one hour on the
Kanawha River at mile 41.5 to 42.5 on September 3, 2023. 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.T08-0648 to read as follows:
Sec. 165.T08-0648 Safety Zone; Kanawha River, Mile Markers 46 to
46.5, St. Albans, WV.
(a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 46 to mile marker 46.5,
extending the entire width of the river.
(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.
(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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
(2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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) 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.
(4) 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.
(5) 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. This section will be enforced from 9 to 10
p.m. on September 3, 2023.
Dated: August 3, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-17491 Filed 8-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.188549 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0648-0001/content.htm"
} |
USCG-2023-0649-0001 | Rule | 2023-08-17T04:00:00 | Safety Zone; Ohio River, Mile Markers 317 to 317.5, Catlettsburg, KY |
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Rules and Regulations]
[Pages 55915-55917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17701]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0649]
RIN 1625-AA00
Safety Zone; Ohio River, Mile Markers 317 to 317.5, Catlettsburg,
KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
[[Page 55916]]
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the City of Catlettsburg Labor Day Fireworks Display occurring on
September 1, 2023, on the Ohio River, Catlettsburg, KY. The safety zone
will cover all navigable waters between mile marker 317 and 317.5 to
protect personnel, vessels, and the marine environment from potential
hazards associated with a fireworks event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.
DATES: This rule is effective from 8 p.m. through 9 p.m. on September
1, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0649 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 Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone 304-733-0198, 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
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
impracticable. A safety zone is needed to alleviate safety concerns
associated with a fireworks display. It is impracticable to publish an
NPRM because we must establish this safety zone by September 1, 2023,
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 impracticable and contrary to the public interest
because we must establish the safety zone by September 1, 2023, in
order to protect personnel, vessels, and the marine environment from
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. The Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with the City of Catlettsburg Labor Day
Fireworks Display on September 1, 2023, present a safety concern. The
purpose of this rulemaking is to ensure the safety of the public
surrounding regulated area before, during, and after the fireworks
event.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 8
p.m. until 9 p.m. on September 1, 2023. The safety zone will cover all
navigable waters between mile markers 317 to 317.5 on the Ohio River.
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. A designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. 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 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.
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 regulated area. This rule is
limited to the Ohio River from mile 317 to 317.5 on September 1, 2023,
and will be enforced only for a one-hour duration. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the regulated area and the rule allows vessels to seek
permission to enter the 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
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
[[Page 55917]]
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
establishing a temporary safety zone lasting only one hour on the Ohio
River at mile 317 to 317.5 on September 1, 2023. 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.T08-0649 to read as follows:
Sec. 165.T08-0649 Safety Zone; Ohio River, Mile Markers 317 to 317.5,
Catlettsburg, KY.
(a) Location. The following area is a safety zone: all navigable
waters of the Ohio River from mile marker 317 to mile marker 317.5,
extending the entire width of the river.
(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.
(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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
(2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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) 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.
(4) 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.
(5) 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. This section will be enforced from 8 p.m.
to 9 p.m. on September 1, 2023.
Dated: August 12, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-17701 Filed 8-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.189655 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0649-0001/content.htm"
} |
USCG-2023-0651-0001 | Rule | 2023-09-01T04:00:00 | Special Local Regulations; Portland Dragon Boat Races, Willamette River, Portland, OR |
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Rules and Regulations]
[Page 60336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18917]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0651]
Special Local Regulations; Portland Dragon Boat Races, Willamette
River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce special local regulations for the
Portland Dragon Boat Races from September 9 through 10, 2023, to
provide for the safety of life on navigable waterways during this
event. Our regulation for marine events within the Thirteenth Coast
Guard District identifies the regulated area for this event on the
Willamette River in Portland, OR. During the enforcement periods, the
operator of any vessel in the regulated area must comply with the
directions from the Patrol Commander or any official patrol vessel.
Official patrol vessels may consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the Captain of the Port, Sector Columbia River.
DATES: The regulations in 33 CFR 100.1302 will be enforced from 7:30
a.m. until 5:30 p.m., each day from September 9 through 10, 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, Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1302 for the Portland Dragon Boat Races
regulated area from 7:30 a.m. to 5:30 p.m. on September 9 and 10, 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 Thirteenth Coast Guard District, Sec. 100.1302, specifies
the location of the regulated area for the Portland Dragon Boat Races
which encompasses portions of the Willamette River in Portland, OR.
During the enforcement periods, as reflected in Sec. 100.1302, vessels
may not transit the regulated areas without approval from the Patrol
Commander or an Official Patrol Vessel. Vessels permitted to transit
must operate at a no wake speed, in a manner which will not endanger
participants or other crafts in the event.
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: August 21, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2023-18917 Filed 8-31-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.190824 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0651-0001/content.htm"
} |
USCG-2023-0652-0001 | Proposed Rule | 2023-10-20T04:00:00 | Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, at Jupiter, FL |
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Proposed Rules]
[Pages 72415-72417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23259]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0652]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
at Jupiter, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Indiantown Road Bridge across the Atlantic
Intracoastal Waterway (AICW), mile 1006.2, at Jupiter, Florida. This
action is necessary to alleviate vehicle traffic congestion on the
Indiantown Road Bridge caused by the replacement and closure of a
nearby bridge. Once construction of the nearby bridge has been
completed, the Indiantown Road Drawbridge will return to normally
scheduled operations. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before November 20, 2023.
The Coast Guard anticipates that this proposed rule will be
effective from 12:01 a.m. on December 30, 2023, through 11:59 p.m. on
August 31, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0652 using Federal Decision Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Leonard Newsom, Seventh District Bridge Branch,
Coast Guard; telephone (305) 415-6946, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
FL Florida
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation
II. Background, Purpose and Legal Basis
Indiantown Road Bridge across the Atlantic Intracoastal Waterway
(AICW), mile 1006.2, at Jupiter, Florida, is a double-leaf bascule
bridge with 35 feet of vertical clearance in the closed position. The
normal operating schedule for the bridge is set forth in 33 CFR
117.261(q). Navigation on the waterway consists of recreational and
commercial mariners.
The bridge owner, Florida Department of Transportation (FDOT),
requested the Coast Guard consider allowing this change during the
replacement and closure of a nearby bridge. The closing of the nearby
bridge has resulted in significant increase in vehicle traffic
congestion of the area. The only alternate route for land traffic to
access the mainland is via the Donald Ross Bridge approximately 4.5
miles south of the Indiantown Road Bridge. This proposed temporary rule
will reduce the number of drawbridge openings which will subsequently
allow local vehicle traffic to flow with reduced obstructions and
delays.
III. Discussion of Proposed Rule
The proposed temporary rule will allow the drawbridge to remain
closed to navigation during weekday vehicle commuting hours. Under this
proposed temporary rule, the drawbridge would remain closed to vessel
traffic daily
[[Page 72416]]
from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. At all other times the
bridge would open on the hour and half hour. Vessels that can pass
beneath the bridge without an opening may do so at any time.
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 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 proposed 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). 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 fact that
vessels can still transit the bridge at designated times throughout the
day, and vessels that can transit under the bridge without an opening
may do so at any time. This proposed temporary rule will further meet
the reasonable needs of navigation while taking into consideration the
reasonable needs of vehicular traffic.
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 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
bridge 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 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 contact 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 call for no 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 contact 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 will not
result in such an expenditure, we do discuss the effects of this
proposed 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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-2023-0652 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 person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
[[Page 72417]]
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 go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
temporary final rule is published of any posting or updates to the
docket.
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
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 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
00170.1. Revision No. 01.3.
0
2. Stay Sec. 117.261(q) from 12:01 a.m. on December 30, 2023, through
11:59 p.m. on August 31, 2025.
0
3. Add temporary Sec. 117.261(p) from 12:01 a.m. on December 30, 2023,
through 11:59 p.m. on August 31, 2025, to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(p) Indiantown Road Bridge, mile 1006.2, at Jupiter. The draw shall
open on the hour and half hour except that the draw need not open daily
from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.
* * * * *
Dated: October 13, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-23259 Filed 10-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.191643 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0652-0001/content.htm"
} |
USCG-2023-0657-0001 | Rule | 2023-08-30T04:00:00 | Safety Zone; Grosse Pointe War Memorial Fireworks, Lake St. Clair, Grosse Pointe Farms, MI |
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59804-59806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18712]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0657]
RIN 1625-AA00
Safety Zone; Grosse Pointe War Memorial Fireworks, Lake St.
Clair, Grosse Pointe Farms, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters (all navigable waters within a 250 yard radius
of location 42[deg]23.13' N 082[deg]53.74' W (WGS 84)) within Lake St.
Clair in Grosse Pointe Farms, MI. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
during a fireworks event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Detroit.
DATES: This rule is effective from 9 p.m. through 10 p.m. on September
8, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0657 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 Ms. Tracy Girard, U.S. Coast Guard; (313) 475-7475,
[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
[[Page 59805]]
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 is
impracticable. The Coast Guard did not receive notice of the fireworks
with sufficient time to undergo notice and comment. We must establish
this safety zone by September 8, 2023 in order to protect the public
form the hazards associated with a fireworks 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
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
starting September 8, 2023, will be a safety concern for anyone within
a 250-yard radius of the fireworks location. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while fireworks show is being displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10 p.m. on
September 8, 2023. The safety zone will cover all navigable waters
within a 250-yard radius of location 42[deg]23.13' N 082[deg]53.74' W
(WGS 84). The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters while the
fireworks show is being displayed. 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 size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Lake St. Clair for less than an
hour during the night 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.
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
[[Page 59806]]
environment. This rule involves a safety zone lasting less than an hour
that will prohibit entry within 250-yard radius of 42[deg]23.13' N
082[deg]53.74' W (WGS 84). 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: 446 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.T09-0657 to read as follows:
Sec. 165.T09-0657 Safety Zones; Grosse Pointe War Memorial
Fireworks, Lake St. Clair, Grosse Pointe Farms, MI.
(a) Location. This safety zone is established to encompass all U.S.
navigable waters of Lake St. Clair within a 250-yard radius of
42[deg]23.13' N 082[deg]53.74' W (WGS 84).
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from 9 p.m. through 10 p.m. on
September 8, 2023.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within these safety zones is
prohibited unless authorized by the COTP Detroit or a designated on-
scene representative.
(2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP Detroit or a designated on-scene
representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a federal, state,
or local law enforcement officer designated by the COTP Detroit to act
on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP Detroit or an on-scene representative to
obtain permission to do so. The COTP Detroit 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 Detroit or an on-scene
representative.
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18712 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.193210 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0657-0001/content.htm"
} |
USCG-2023-0658-0001 | Proposed Rule | 2023-10-27T04:00:00 | Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL |
[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Proposed Rules]
[Pages 73808-73810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23757]
[[Page 73808]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0658]
RIN 1625-AA09
Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Roosevelt (US1) Bridge, across the Okeechobee Waterway,
mile 7.5, at Stuart, FL. This action is necessary to allow the
drawbridge to operate on demand as outlined in the Record of Decision
for the high-level fixed US1 Roosevelt Bridge which was constructed in
1997. Additionally, with the anticipated increase in railway activity
on the adjacent railroad bridge, this proposed modification will allow
the bridges to operate in concert. The drawbridge name in the
regulation is incorrect and will be changed. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before November 27, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0658 using Federal Decision Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e- mail Ms. Jennifer Zercher, Bridge Management
Specialist, Seventh Coast Guard District; telephone 305-415-6740, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
FL Florida
FDOT Florida Department of Transportation
II. Background, Purpose and Legal Basis
The Roosevelt (US1) Bridge, across the OWW, mile 7.5, at Stuart,
Florida, is a double-leaf bascule bridge with a 14-foot vertical
clearance at mean high water in the closed position. The normal
operating schedule for the bridge is found in 33 CFR 117.317(d).
Navigation on the waterway is commercial and recreational.
The Coast Guard is proposing to modify the drawbridge operating
schedule to allow the drawbridge to operate on demand as outlined in
the Record of Decision for the high-level fixed US1 Roosevelt Bridge
which was constructed in 1997. Additionally, with the anticipated
increase in railway activity on the adjacent railroad bridge, this
proposed modification will allow the bridges to operate in concert. The
drawbridge name in the regulation, Roosevelt (US1) Bridge, is incorrect
and will be permanently changed in the CFR and referred to for the
remainder of the NPRM as SR 707 (Dixie Highway) Bridge.
The SR 707 (Dixie Highway) Bridge was included in previously
published notices and a general deviation with a request for comments
in the Federal Register, under docket number USCG-2022-0222. These
actions were taken to gather comments on waterway usage and the
operation of the Florida East Coast Railroad Bridge and the SR 707
(Dixie Highway) Bridge at Stuart, FL.
On May 3, 2022, the Coast Guard published a Notification of Inquiry
entitled, ``Drawbridge Operation Regulation; Okeechobee Waterway,
Stuart, FL'' in the Federal Register (87 FR 26145). On June 10, 2022, a
Supplemental Notification of Inquiry entitled, ``Drawbridge Operation
Regulation; Okeechobee Waterway, Stuart, FL'' was published in the
Federal Register (87 FR 35472). We received a total 2358 comments on
those publications.
The Coast Guard asked the public if the SR 707 (Dixie Highway)
Bridge opening schedule should mirror the operating schedule of the FEC
Railroad Bridge. 172 comments were received regarding this question. 97
comments stated the SR 707 (Dixie Highway) Bridge and the FEC Railroad
Bridge should have similar coordinated scheduled openings. We have
determined that placing the highway bridge on demand will allow the
bridges to coordinate openings given the unique operation of the
railroad bridge. The difference in navigational clearances requires the
railroad bridge to be open for specific lengths of times and when
trains are not crossing. The highway bridge is not as restrictive to
navigation and does not require a stricter operating schedule. 52
comments stated the highway bridge should operate on demand with the
railroad bridge operating the same. Railway operations are dynamic and
on demand openings are not sustainable for the rail industry. The
anticipated increase in railway activity necessitates this proposed
change in the operating schedule for the highway bridge to allow the
bridges to operate in concert. Seven comments recommended the highway
bridge remain unchanged and the railroad bridge should operate per the
highway bridge regulation. The highway bridge no longer requires the
published operating schedule since the US1 Roosevelt Bridge was
constructed and open to vehicle traffic. Again, railway operations are
dynamic and on demand openings are not sustainable for the rail
industry. The remaining comments were not considered as the responses
included the highway bridge should be permanently removed, the
operating schedules should be the same if the railroad bridge was
rebuilt at a higher vertical clearance and the operating schedule of
either bridge was not known so a response could not be provided.
On June 8, 2023, the Coast Guard published a Temporary Deviation
entitled, ``Drawbridge Operation Regulation; Okeechobee Waterway,
Stuart, FL'' in the Federal Register (88 FR 37470). The comment period
ended on August 4, 2023, with 342 comments received.
The comments received were not specific to the SR 707 (Dixie
Highway) Bridge but directed toward the operation of the railroad
bridge. Given the dynamic and uncertain nature of the operation of the
railroad bridge, the SR 707 (Dixie Highway) Bridge has been removed
from docket number USCG-2022-0222 to allow separate rulemaking for the
highway bridge to operate on demand.
III. Discussion of Proposed Rule
Under this proposed rule, the SR 707 (Dixie Highway) Bridge will
open on demand except when the adjacent railroad bridge is in the
closed position, the drawbridge need not open. The draw must open
immediately upon opening of the railroad bridge to pass all accumulated
vessels which request an opening. Vessels that can pass beneath the
bridge without an opening may do so at any time.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and
[[Page 73809]]
Executive Orders related to rulemaking. Below we summarize our analyses
based on 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 proposed 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). 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 ability that
vessels can transit the bridge on demand and vessels able to pass
without an opening may do so at any time.
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 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
bridge 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 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 contact 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 call for no 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 contact 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 will not
result in such an expenditure, we do discuss the effects of this
proposed 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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-2023-0658 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 person in the FOR FURTHER INFORMATION
CONTACT section of this document 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 go to the online docket and sign up
for email alerts, you will be notified when
[[Page 73810]]
comments are posted, or a final rule is published of any posting or
updates to the docket.
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
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 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; and DHS Delegation No.
00170.1, Revision No.01.3
0
2. Amend Sec. 117.317 by revising paragraph (d) to read as follows:
Sec. 117.317 Okeechobee Waterway
* * * * *
(d) The SR 707 (Dixie Highway) Bridge, mile 7.5 at Stuart, shall
open on signal; except when the adjacent railroad bridge is in the
closed position, the draw need not open. The draw must open immediately
upon opening of the railroad bridge to pass all accumulated vessels
requesting an opening.
* * * * *
Dated: October 13, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-23757 Filed 10-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.194207 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0658-0001/content.htm"
} |
USCG-2023-0660-0001 | Rule | 2023-08-25T04:00:00 | Safety Zone; Ohio River Mile Markers 79.5–80, Wellsburg, WV |
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58108-58110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18347]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0660]
RIN 1625-AA00
Safety Zone; Ohio River Mile Markers 79.5-80, Wellsburg, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Ohio River from September 12 through September 15, 2023, at mile
marker 79.5 to mile marker 80 from 8 a.m. through 5 p.m. each day. This
action is necessary to provide for the safety of life on the navigable
waters during a helicopter operation. 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 from 8 a.m. on September 12, 2023 through
5 p.m. on September 15, 2023. This rule will be enforced from 8 a.m.
through 5 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-
2023-0660 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
Sec. Section
U.S.C. United States Code
[[Page 58109]]
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 September
12, 2023, to provide for the safety of life on the navigable waters
during a helicopter operation, 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 helicopter operation.
Vessels inside of the safety zone have the potential of getting hit by
debris from the helicopter.
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 September 12, 2023, to ensure the safety of
the of life on the navigable waters during a helicopter operation.
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 helicopter operation on September
12 through September 15, 2023, will be a safety concern for anyone on
the Ohio River from mile markers 79.5 to mile marker 80 from 8 a.m. to
5 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 each day from 8 a.m.
until 5 p.m. on September 12 through September 15, 2023. The safety
zone will cover all navigable waters on the Ohio River from mile
markers 79.5 to mile marker 80. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in the navigable
waters during an installation of nine aerial transverse wirelines using
a helicopter.
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, 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 size, location,
and duration of the temporary safety zone. This safety zone only
impacts a 0.5 mile stretch on the Ohio River for 9 hours each day from
September 12 through September 15, 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).
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 58110]]
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 9 hours each day from September 12
through September 15, 2023, on the Ohio 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.T08-0660 to read as follows:
Sec. 165.T08-0660 Safety Zone; Ohio River, Wellsburg, WV.
(a) Location. The following area is a temporary safety zone on the
Ohio River from mile marker 79.5 to mile marker 80.
(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. Designated representative include safety boat provided by the
event organizers.
(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 will be enforced each day from
8 a.m. through 5 p.m. from September 12, 2023, through September 15,
2023. The temporary safety zone will be enforced during the 9 hours
helicopter operation on these days.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2023-18347 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.195177 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0660-0001/content.htm"
} |
USCG-2023-0661-0001 | Rule | 2023-09-22T04:00:00 | Safety Zone; 26th Annual Key West Paddle Classic, Atlantic Ocean, Key West, FL |
[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65325-65327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20494]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0661]
RIN 1625-AA00
Safety Zone; 26th Annual Key West Paddle Classic, Atlantic Ocean,
Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waterways surrounding Key West, Florida, during the 26th Annual Key
West Paddle Classic event. The safety zone is necessary to ensure the
safety of event participants and spectators. 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 a.m. until 5 p.m. on September 30,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0661 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 Lieutenant Hailye Wilson, Waterways Management Division
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768;
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 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 did not receive final
details from the event sponsor for this year's event within the
reporting threshold requirements. The Coast Guard has an existing
safety zone for this event in 33 CFR 165.786, Table to Sec. 165.786,
Item No. 4.1; however, the existing regulation only covers the event
when it is scheduled on the last weekend of April. Therefore, the Coast
Guard lacks sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule. It is
impracticable and contrary to the public interest to delay issuing this
rule because it is necessary to protect the safety of participants,
spectators, the public, and vessels transiting the waters adjacent to
Key West, FL.
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 this event.
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 open water swim events will be a
safety concern for persons and vessels in the regulated area. This rule
is needed to ensure the safety of the event participants, the general
public, vessels and the marine environment in the navigable waters
within the safety zone during the 26th Annual Key West Paddle Classic
paddle board event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
Key West, Florida, during the 26th Annual Key
[[Page 65326]]
West Paddle Classic paddle board event. The safety zone will be
enforced from 8 a.m. until 5 p.m. on September 30, 2023. The safety
zone will cover all waters within 50 yards in front of the lead safety
vessel preceding the first event participants, 50 yards behind the
safety vessel trailing the last event participants, and at all times
extend 100 yards on either side of safety vessels. The event course
begins at Higgs Beach in Key West, Florida, moves west to the area
offshore of Fort Zachary Taylor Historic State Park, north through Key
West Harbor, east through Fleming Key Cut, south through Cow Key
Channel, and west returning back to Higgs Beach. Approximately 100
paddle boarders and six safety vessels are anticipated to participate
in 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 paddle board event
lasting nine hours. 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, 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 small,
designated areas of the Atlantic Ocean and Gulf of Mexico around Key
West, Florida, for only 9 hours and thus is limited in time and scope.
It is categorically excluded from further review under paragraph L60(a)
of
[[Page 65327]]
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.T07-0661 to read as follows:
Sec. 165.T07-0661 Safety Zone; 26th Annual Key West Paddle Classic,
Key West, FL.
(a) Location. The following regulated area is a moving safety zone
beginning at Higgs Beach in Key West, Florida, moving west to the area
offshore of Fort Zachary Taylor Historic State Park, moving north
through Key West Harbor, moving east through Fleming Key Cut, moving
south through Cow Key Channel, and moving west returning back to Higgs
Beach. The safety zone will be extending 100-yards to either side of
the race participants and safety vessels; extending 50 yards in front
of the lead safety vessel preceding the first race participants; and
extending 50 yards behind the safety vessel trailing the last race
participants.
(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 unless authorized by the COTP Key West 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 Key West
by telephone at (305) 292-8772, 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
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 5 p.m. on September 30, 2023.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-20494 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.196769 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0661-0001/content.htm"
} |
USCG-2023-0662-0001 | Rule | 2023-11-28T05:00:00 | Safety Zone; Ashtabula Power Plant Breakwater Armor Stone Removal, Lake Erie, Ashtabula, OH |
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83029-83031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26149]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0662]
RIN 1625-AA00
Safety Zone; Ashtabula Power Plant Breakwater Armor Stone
Removal, Lake Erie, Ashtabula, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Lake Erie. This action is necessary to provide for
the safety of life and property on these navigable waters near
Ashtabula, Ohio during the Ashtabula power plant breakwater armor stone
removal project. This rule will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Buffalo.
DATES: This rule is effective without actual notice from November 28,
2023 through 11:59 p.m. on December 1, 2024. For the purposes of
enforcement, actual notice will be used from 7 a.m. on November 16,
2023, until November 28, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0662 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 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
COTP Caption of the Port
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 insufficient time remains to
publish an NPRM and receive public comments prior to commencement of
the deconstruction and removal project.
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 to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
vessels in these navigable waters during this deconstruction and
removal project.
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 Buffalo has determined a
safety zone is needed to protect vessel traffic from November 16, 2023,
through December 1, 2024, during this deconstruction and removal
project which will remove the breakwater armor stone near the Ashtabula
power plant in Ashtabula, Ohio.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. on November 16,
2023, through 11:59 p.m. on December 1, 2024. The safety zone will
cover all navigable waters encompassing a 350-yard radius zone centered
on coordinates 41[deg]54'43'' N, 080[deg]46'09'' W (NAD83) located near
the Ashtabula power plant located at 2133 Lake Road East, Ashtabula,
Ohio. The zone may require enforcement beyond the stated times in the
case that the construction project runs into unforeseen delays.
The COTP Buffalo has determined a safety zone is needed to protect
vessels during this deconstruction and removal project. 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 the need to ensure
the safety of vessels in these navigable waters during this
construction project.
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.
[[Page 83030]]
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
establishment of a temporary safety zone intended to ensure the safety
of vessels near a construction project. It is categorically excluded
from further review under paragraph L63(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.T09-0662 to read as follows:
Sec. 165.T09-0662 Safety Zone; Ashtabula Power Plant Breakwater
Armor Stone Removal, Lake Erie, Ashtabula, OH.
(a) Location. The safety zone will cover all navigable waters
encompassing a 350-yard radius zone centered on position 41[deg]54'43''
N, 080[deg]46'09'' W (NAD83), located near the old Ashtabula power
plant (2133 Lake Road East, Ashtabula, Ohio) on Lake Erie in Ashtabula,
Ohio.
(b) Enforcement period. This section will be enforced from 7 a.m.
on November 16, 2023, through 11:59 p.m. on December 1, 2024.
(c) 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 Captain of the Port Sector
Buffalo, (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
(d) 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 designated or assigned by
the COTP Sector Buffalo, 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 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 areas
specified in this chapter, but may not anchor in, block, or loiter in a
navigable channel.
[[Page 83031]]
(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) The Patrol Commander will terminate enforcement of the special
regulations at the conclusion of the event.
Dated: November 17, 2023.
S.M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-26149 Filed 11-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.197925 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0662-0001/content.htm"
} |
USCG-2023-0664-0001 | Rule | 2023-08-15T04:00:00 | Safety Zone, Upper Mississippi River MM 660.5–659.5, Lansing, IA |
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55375-55377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17477]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-USCG-2023-0664]
RIN 1625-AA00
Safety Zone, Upper Mississippi River MM 660.5-659.5, Lansing, IA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Upper Mississippi River at Mile Marker (MM)
[[Page 55376]]
660.5 through 659.5. The safety zone is needed to protect personnel,
vessels, and the marine environment from all potential hazards
associated with the implosion of the Lansing Power Station. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative.
DATES: This rule is effective from August 18, 2023, through August 31,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0664 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-
2560, 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 a temporary safety zone must be
established immediately to protect personnel, vessels, and the marine
environment from potential hazards created by the use of explosives for
the implosion of the power plant and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule. It is impracticable to publish an NPRM because we
must establish this safety zone by August 18, 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. Delaying the effective date of
this rule would be impracticable because action is needed to respond to
the potential safety hazards associated the use of explosives for the
implosion of the Lansing Power Station starting August 18, 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 the use of
explosions for the implosion of the Lansing Power Plant will be a
safety concern for anyone operating or transiting within the Upper
Mississippi River from MM 660.5 through 659.5. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the implosion is being conducted.
IV. Discussion of the Rule
The implosion event will be occurring on two dates in which
explosives will be used on an implosion of the Lansing Power Plant
located between MM 660.5-659.5 beginning August 18, 2023. The safety
zone is designed to protect waterway users until work is complete.
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 USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. 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, as well as
reductions in the size of the safety zone through Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety
Marine Information Broadcast (SMIB), 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 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 safety zone would impact
a small designated area located on the Upper Mississippi River at MM
660.5-659.5, near Lansing, IA. The Safety Zone is expected to be active
only during the implosion events, from August 18 until August 31, 2023.
Vessel traffic will be able to safely transit around this safety zone
when the safety zone is not enforced.
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 because the zone will be enforced only when
work is being conducted.
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
[[Page 55377]]
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 encompassing the width of the Upper Mississippi River at MM
660.5--659.5. 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.T08-0664 to read as follows:
Sec. 165.T08-0664 Safety Zone; Upper Mississippi River, Mile Markers
660.5-659.5, Lansing, IA.
(a) Location. The following area is a safety zone: all navigable
waters within Upper Mississippi River, Mile Markers 660.5-659.5,
Lansing, IA.
(b) Enforcement period. This section will be subject to enforcement
from August 18, 2023, through August 31, 2023.
(c) Regulations.
(1) In accordance with the general safety zone regulations in Sec.
165.23, entry of persons or vessels into this safety zone described in
paragraph (a) of this section 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 Upper
Mississippi River.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Informational broadcasts. 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, as well as reductions in size or scope of the safety zone
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB) as
appropriate.
Dated: August 9, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-17477 Filed 8-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.198922 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0664-0001/content.htm"
} |
USCG-2023-0666-0001 | Rule | 2023-09-21T04:00:00 | Special Local Regulations; Marine Events Within the Captain of the Port of Charleston |
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65131-65132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20460]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0666]
Special Local Regulations; Marine Events Within the Captain of
the Port of Charleston
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the Swim around Charleston on September 24, 2023, to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within the Captain of the Port Charleston identifies
the regulated area for this event in Charleston, SC. During the
enforcement periods, the operator of any vessel in the regulated area
must comply with directions from the Captain of the Port Charleston or
a designated representative.
DATES: The regulations in 33 CFR 100.704 will be enforced for the
location identified in Item 9 of Table 1 to Sec. 100.704, from 9 a.m.
through 4 p.m. on September 24, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Petty Officer Adam
Krukowski, Sector Charleston, Waterways Management Division, U.S. Coast
Guard; 843-740-3186, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.704, Table 1 to Sec. 100.704, Item 9, for
the Swim Around Charleston regulated area from 9 a.m. to 4 p.m. on
September 24, 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 Captain of the Port Charleston Sec.
100.704, specifies the location of the Swim Around Charleston as a
moving safety zone including all waters 50 yards in front of the lead
safety vessel preceding the first race participants, 50 yards behind
the safety vessel trailing the last race participants,
[[Page 65132]]
and at all times extends 100 yards on either side of safety vessels.
The Swim Around Charleston swimming race consists of a 12 mile course
that starts at Remley's Point on the Wando River in approximate
position 32[deg]48'49'' N, 79[deg]54'27'' W, crosses the main shipping
channel under the main span of the Ravenel Bridge, and finishes at the
I-526 bridge and boat landing on the Ashley River in approximate
position 32[deg]50'14'' N, 80[deg]01'23'' W. During the enforcement
periods, as reflected in Sec. 100.704(c)(1), if you are the operator
of a vessel in the regulated area you must comply with directions from
the Captain of the Port Charleston 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 the Local Notice to Mariners and marine
information broadcasts.
Dated: September 12, 2023.
Francis. J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2023-20460 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.200073 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0666-0001/content.htm"
} |
USCG-2023-0667-0001 | Rule | 2023-08-21T04:00:00 | Safety Zone; Operation Safe Harbor Exercise, Mackinaw Island, MI |
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56768-56769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17900]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0667]
RIN 1625-AA00
Safety Zone; Operation Safe Harbor Exercise, Mackinaw Island, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Lake Huron between St. Ignace, MI and
Mackinaw Island, MI. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
aerial and water-borne activities during an emergency response
exercise. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector Sault
Sainte Marie.
DATES: This rule is effective from September 7, 2023, 7 a.m. through
September 8, 2023, 6 p.m. local time.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0667 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 Rebecca Simpson, Sector Sault Sainte Marie Waterways
Division, U.S. Coast Guard; telephone 906-635-3223, 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
COTP Captain of the Port
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 of the potential hazards that exist
with respect to the exercise. It is impracticable to publish an NPRM
because we must establish this safety zone by September 7, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with helicopters
carrying sling loads across the waterway during the exercise.
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 Sault Sainte Marie (COTP) has
determined that potential hazards associated with a Mackinaw County
Emergency Exercise September 7, 2023, will be a safety concern for
anyone within a box bound by the following four points: 45-53.5' N 084-
43.52' W, 45-3.83' N 084-44' W, 45-53.09' N 084-38.78' W, 45-52.22' N,
084-38.94' W. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the exercise is happening.
IV. Discussion of the Rule
This rule establishes a safety zone during daylight hours from 7
a.m. through 6 p.m. on September 7, 2023, and from 7 a.m. through 6
p.m. on September 8, 2023. The safety zone will cover all navigable
waters within a box bound by the following four points: 45-53.5' N 084-
43.52' W, 45-3.83' N 084-44' W, 45-53.09' N 084-38.78' W, 45-52.22' N
084-38.94' W. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the exercise is happening. 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, duration, and time-of-day for each safety zone. Vessel
traffic will be able to safely transit around all safety zones which
will impact small designated areas within the COTP zone for short
durations of time. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF channel 16 about the zone and the rule
allows 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
[[Page 56769]]
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 2 days, during daylight hours, that will
prohibit entry within a box bound by the following four points: 45-
53.5' N 084-43.52' W, 45-3.83' N 084-44' W, 45-53.09' N 084-38.78' W,
45-52.22' N 084-38.94' W. 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.T09-0667 to read as follows:
Sec. 165.T09-0667 Safety Zone; Operation Safe Harbor Exercise,
Mackinaw Island, MI.
(a) Location. The following area is a safety zone: All waters
between St. Ignace, MI and Mackinaw Island, MI within a box bound by
the following four points: 45-53.5' N 084-43.52' W, 45-3.83' N 084-44'
W, 45-53.09' N 084-38.78' W, 45-52.22' N 084-38.94' W.
(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 Sault Sainte Marie (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 via VHF Channel 16 or telephone at (906) 635-3233. 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. The
safety zone will be enforced during daylight hours, specifically from 8
a.m. through 6 p.m. on September 7th and 8th.
(d) Enforcement period. This section will be enforced during
daylight hours, specifically, 8 a.m. through 6 p.m. on September 7th
and 8th, 2023.
Dated: August 15, 2023.
J.R. Bendle,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2023-17900 Filed 8-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.201243 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0667-0001/content.htm"
} |
USCG-2023-0669-0001 | Rule | 2023-08-15T04:00:00 | Safety Zone; Pacific Ocean, Lahaina Boat Basin, Maui, HI—Emergency Operations and Port Recovery |
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55373-55375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17459]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0669]
RIN 1625-AA00
Safety Zone; Pacific Ocean, Lahaina Boat Basin, Maui, HI--
Emergency Operations and Port Recovery
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
[[Page 55374]]
the navigable waters in the vicinity of Lahaina Boat Basin, Maui,
Hawaii. The temporary safety zone encompasses all waters extending 1
nautical mile from shore starting from the northernmost point of Kekaa
Point, Maui, thenceforth to the southernmost point at Hekili Point,
Maui. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards associated with ongoing
emergency response and port recovery operations after wildfires
affected the area. Entry of vessels or persons in this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Honolulu.
DATES: This rule is effective without actual notice from August 15,
2023, through 11:59 p.m. on August 23, 2023. For the purposes of
enforcement, actual notice will be used from 11 a.m. on August 9, 2023
until August 15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0669 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 Commander Wade Thomson, Waterways Management
Division, U.S. Coast Guard Sector Honolulu at (808) 541-2359 or
[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 August 9, 2023, high winds and wildfires struck portions of
Maui, Hawaii, causing damage to coastal infrastructure and prompting
mass rescue operations for area residents.
On August 9, 2023, the Coast Guard issued a temporary rule to
establish a safety zone for all waters extending 1 nautical mile from
shore starting from the northernmost point of Kekaa Point, Maui,
thenceforth to the southernmost point at Hekili Point, Maui, to protect
personnel, vessels, and the marine environment from potential hazards
associated with emergency response and port recovery operations after
wildfires affected the area.
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 an emergency salvage operation. Due to the numerous threats
to safety posed by uncontrolled wildfires, timely emergency response
efforts do not allow for public comment, and therefore publishing a
NPRM is impracticable and contrary to public interest.
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, navigational and environmental hazards
associated with emergency response to Lahaina, Maui, area wildfires.
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). August 9, 2023, the Coast Guard was
informed of damage, pollution, and debris in the vicinity of Lahaina
Boat Basin, Maui, Hawaii. The Coast Guard COTP Sector Honolulu has
determined that the potential hazards associated with the emergency
response and port recovery efforts connected to wildfires in the area
constitute a safety concern for anyone within the designated safety
zone. This rule is necessary to protect personnel, vessels, and the
marine environment within the navigable waters of the safety zone
during ongoing emergency response and port recovery operations.
IV. Discussion of the Rule
This rule is effective from August 9, 2023 at 11 a.m. through
August 23, 2023 at 11:59 p.m., or until emergency response and port
recovery operations are complete, whichever is earlier. If the safety
zone is terminated prior to 11:59 p.m. on August 23, 2023, the Coast
Guard will provide notice via a broadcast notice to mariners. The
temporary safety zone encompasses all waters extending 1 nautical mile
from shore starting from the northernmost point of Kekaa Point, Maui,
thenceforth to the southernmost point at Hekili Point, Maui. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with ongoing emergency
response and port recovery operations after wildfires affected the
area. No vessel or person will be permitted to enter the safety zone
absent the express authorization of the COTP or his 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, 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 navigable waters off the shores of Lahaina,
Maui, Hawaii. 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. This safety zone is limited in size and
duration, and mariners may
[[Page 55375]]
request to enter the zone by contacting the COTP.
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 14 days, or until operations are complete, that
will prohibit entry into all waters extending 1 nautical mile from
shore starting from the northernmost point of Kekaa Point, Maui,
thenceforth to the southernmost point at Hekili Point, Maui. 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 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.T14-00669 to read as follows:
Sec. 165.T14-0669 Safety Zone; Pacific Ocean, Lahaina Boat Basin,
Maui, HI--Emergency Operations and Port Recovery.
(a) Location. The following area is a safety zone: All waters all
waters extending 1 nautical mile from shore starting from the
northernmost point of Kekaa Point, Maui, thenceforth to the
southernmost point at Hekili Point, Maui. This zone extends from the
surface of the water to the ocean floor.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP 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 at the Command
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808)
842-2642 or on VHF channel 16 (156.8 Mhz). 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.
Dated: August 9, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2023-17459 Filed 8-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.202814 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0669-0001/content.htm"
} |
USCG-2023-0670-0001 | Notice | 2023-09-06T04:00:00 | Area Maritime Security Advisory Committee (AMSC) Sector Columbia River |
[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60963-60964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19141]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number: USCG-2023-0670]
Area Maritime Security Advisory Committee (AMSC) Sector Columbia
River
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 Columbia
River submit their applications for membership to the U.S. Coast Guard
Captain of the Port (COTP) Sector Columbia River. The Committee assists
the Captain of the Port as the Federal Maritime Security Coordinator,
Sector Columbia River, 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 Columbia River by September 19, 2023.
ADDRESSES: Applications for membership should be submitted to the
Captain of the Port at the following address: USCG Sector Columbia
River, 6767 N Basin Ave., Portland, OR 97217.
FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application, or about the AMSC in general, contact Mr. Stuart
Blanchette, 503-240-2467, [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 MTSA includes a provision
exempting these AMSCs from the Federal Advisory Committee Act (FACA),
Public Law 92-436, 86 Stat. 470 (5 U.S.C. App. 2).\1\ The AMSCs shall
assist the Federal Maritime Security Coordinator in the
[[Page 60964]]
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\ Public Law 117-286, section 3 placed FACA provisions in 5
U.S.C. chapter 10, and section. 7 repealed FACA ``except with
respect to rights and duties that matured, penalties that were
incurred, or proceedings that were begun before the date of
enactment of'' Public Law 117-286.
---------------------------------------------------------------------------
(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; and
(5) Providing advice to and assisting the Federal Maritime Security
Coordinator in developing and maintaining the Area Maritime Security
Plan.
II. AMSC Membership
Members of the AMSC should have at least five years of experience
related to maritime or port security operations. The Sector Columbia
River AMSC has 20 members, and we are seeking to fill additional
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 will not receive
any salary or other compensation for their service on an AMSC. 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
stakeholders having a special competence in maritime security; and port
stakeholders 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 Captain of the Port, 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: August 29, 2023.
Justin W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River
and Federal Maritime Security Coordinator Sector Columbia River.
[FR Doc. 2023-19141 Filed 9-5-23; 8:45 am]
BILLING CODE 4910-15-P
| uscg | 2024-06-07T20:51:06.204114 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0670-0001/content.htm"
} |
USCG-2023-0671-0001 | Rule | 2023-08-21T04:00:00 | Special Local Regulation; Glass City Glowtacular, Maumee River: Toledo, OH |
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56766-56768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17884]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0671]
RIN 1625-AA08
Special Local Regulation; Glass City Glowtacular, Maumee River:
Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish and enforce a special local
regulation for the Glass City Glowtacular. This special local
regulation is necessary to safely control vessel movements in the
vicinity of the paddle event, provide for the safety of the general
boating public, and commercial shipping. During this enforcement
period, no person or vessel may enter the regulated area without the
permission of the Coast Guard Patrol Commander.
DATES: This special local regulation will be enforced from 7 p.m.
through 11 p.m. on September 16, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0671 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 Karl Dirksmeyer, Marine Safety Unit Toledo, Coast
Guard; telephone (419) 392-0324, 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 final 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 this special local
regulation by September 16, 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. Delaying the effective date of
this regulation would be impracticable.
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 Detroit (COTP) has determined that
potential hazards associated with the Glass City Glowtacular on
September 16, 2023, will be a safety concern within all waters of the
Maumee River from Middlegrounds Metro Park down river to the Glass City
Metro Park for four hours. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters near the
Middlegrounds and Glass City Metro Parks, Toledo, OH.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7:00 p.m.
through 11:00 p.m. on September 16, 2023. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: all U.S. navigable waters of the Maumee River in Toledo, OH,
between the Middleground Metro Park, and the Glass City Metro Park. The
COTP or his designated on-scene representative will notify the public
of the enforcement of this rule by all appropriate means, including a
Broadcast Notice to Mariners.
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
[[Page 56767]]
``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 special local regulation.
Vessel traffic will not be able to safely transit around this regulated
area which would impact a small designated area of Maumee River for a
short duration, 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
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
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 special local
regulation lasts four hours that will prohibit entry of the waters of
the Maumee River, between the Middlegrounds Metro Park and the Glass
City Metro Park. It is categorically excluded from further review under
paragraph L[61] 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 100
Marine safety, Navigation (water), Reporting and record keeping
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.T09-0671 to read as follows:
Sec. 100.T09-0671 Special Local Regulations; Glass City Glowtacular,
Toledo, OH.
(a) Location. This special local regulation in this section lasts 4
hours and will limit entry within the navigable waters of the Maumee
River between the Middleground Metro Park located at position
41[deg]38'21.4'' N, 083[deg]32'0.1'' W, and the Glass City Metro Park
at position 41[deg]39'30.5'' N, 083[deg]30'58.0'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
(b) Enforcement period. The regulation in this section will be
enforced from 7 p.m. through 11 p.m. on September 16, 2023. The Captain
of the Port Detroit will announce specific enforcement periods by
Broadcast Notice to Mariners (BNM).
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.911(b), No vessel may enter, transit through, or anchor
within the regulated area without the permission of the Coast Guard
Patrol Commander.
[[Page 56768]]
(2) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. Vessel operators given permission to enter or
operate within the regulated area must comply with all directions given
to them by the Coast Guard Patrol Commander.
Dated: August 15, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-17884 Filed 8-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.205201 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0671-0001/content.htm"
} |
USCG-2023-0672-0001 | Notice | 2023-11-08T05:00:00 | Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0031 |
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Page 77104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24673]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0672]
Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0031
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: 1625-0031,
Plan Approval and Records for Electrical Engineering Regulations;
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 January 8,
2024.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0672] 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-2023-0672], and
must be received by January 8, 2024.
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: Plan Approval and Records for Electrical Engineering
Regulations--Title 46 CFR Subchapter J.
OMB Control Number: 1625-0031.
Summary: The information is needed to ensure compliance with our
rules on electrical engineering for the design and construction of
U.S.-flag commercial vessels.
Need: Title 46 U.S.C. 3306 and 3703 authorize the Coast Guard to
establish rules to promote the safety of life and property in
commercial vessels. The electrical engineering rules appear at 46 CFR
subchapter J (parts 110 through 113).
Forms: None.
Respondents: Owners, operators, shipyards, designers, and
manufacturers of vessels.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden has decreased from 6,536
hours to 4,662 hours a year, due to an estimated decrease in the annual
number of responses.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: October 26, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-24673 Filed 11-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.206687 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0672-0001/content.htm"
} |
USCG-2023-0673-0001 | Notice | 2023-12-08T05:00:00 | Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0024 |
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85647-85648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26957]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0673]
Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0024
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: 1625-0024,
Safety Approval of Cargo Containers; 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 February 6,
2024.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0673] 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-2023-0673], and
must be received by February 6, 2024.
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: Safety Approval of Cargo Containers.
OMB Control Number: 1625-0024.
Summary: This information collection is associated with
requirements for owners and manufacturers of cargo containers to submit
information and keep records associated with the approval and
inspection of those containers. This information is required to ensure
compliance with the International Convention for Safe Containers (CSC),
see 46 U.S.C. 80503.
Need: This collection of information addresses the reporting and
recordkeeping requirements for containers in 49 CFR parts 450 through
453. These rules are necessary since the U.S. is signatory to the CSC.
The CSC requires all containers to be safety approved prior to being
used in trade. These rules prescribe only the minimum requirements of
the CSC.
Forms: None.
Respondents: Owners and manufacturers of containers, and
organizations that the Coast Guard delegates to act as an approval
authority.
Frequency: On occasion.
Hour Burden Estimate: The estimated burden has increased from
129,345 hours to 159,678 hours a year, due to an increase in the
estimated annual number of responses.
[[Page 85648]]
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.
Dated: November 30, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-26957 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.207824 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0673-0001/content.htm"
} |
USCG-2023-0682-0001 | Rule | 2023-08-25T04:00:00 | Special Local Regulation; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA |
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Page 58102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18327]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0682]
Special Local Regulation; Olympia Harbor Days Tug Boat Races,
Budd Inlet, 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
Olympia Harbor Days Tug Boat Races, Budd Inlet, WA, from 11 a.m. until
4 p.m. on September 2, 2023. This action is necessary to prevent injury
and to protect life and property of the maritime public from the
hazards associated with the tug boat races. 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 100.1309 will be enforced from 11 a.m.
until 4 p.m. on September 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Peter McAndrew,
Sector Puget Sound Waterways Management Division, U.S. Coast Guard;
telephone 206-217-6045, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1309 for the Olympia Harbor Days Tug Boat
Races, Budd Inlet, WA, regulated area from 11 a.m. until 4 p.m. on
September 2, 2023. This action is being taken to provide for the safety
of life on navigable waterways during this event. District Thirteen
regulation 33 CFR 100.1309(a) specifies the location of the regulated
area which encompasses approximately 2 nautical miles of the navigable
waters in Budd Inlet. 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. All persons or vessels who desire to enter the
race area while it is enforced must obtain permission from the on-scene
patrol craft on VHF-FM channel 16.
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. 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.
Dated: August 21, 2023.
Y Moon,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Puget
Sound.
[FR Doc. 2023-18327 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.208802 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0682-0001/content.htm"
} |
USCG-2023-0685-0001 | Rule | 2023-10-05T04:00:00 | Safety Zone; Potomac River, Washington, DC |
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69036-69038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22166]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0685]
RIN 1625-AA00
Safety Zone; Potomac River, Washington, DC
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Potomac River. The safety zone is needed to
protect personnel, vessels, and the marine environment on these
navigable waters near Washington, DC from potential hazards posed by a
fireworks display which will take place on October 5, 2023. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Maryland-National Capital
Region, or a designated representative.
DATES: This rule is effective from 7:30 p.m. until 9:30 p.m. on October
5, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0685 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 MST2 Hollie Givens, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: 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
Sec. Section
[[Page 69037]]
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 sponsors did not notify the
Coast Guard of the event in time to allow for a notice and comment
period without delaying promulgation of the rule. It would be
impracticable and contrary to the public interest to delay the
establishment on this safety zone to publish an NPRM because doing so
would prevent us from addressing the potential safety hazards
associated with the fireworks display. 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
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. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the
fireworks to be used in this October 5, 2023, display will be a safety
concern for anyone near the fireworks discharge sites. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 7:30 p.m. to 9:30 p.m.
on October 5, 2023. The safety zone would cover all navigable waters of
the Potomac River within 500 feet of a fireworks barge in approximate
position latitude 38[deg]53'43.13'' N, latitude 77[deg]03'30.62'' W,
located near the John F. Kennedy Center for Performing Arts in
Washington, DC. The size of the zone and the duration of the rule are
intended to protect personnel, vessels, and the marine environment in
these navigable waters before, during, and after the scheduled
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or 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,
duration, and time-of-day of the safety zone, which will impact a
small, designated area of the Potomac River for no more than two hours
of total enforcement--hours during the evening, when vessel traffic is
normally low. Moreover, the Coast Guard will issue a Local Notice to
Mariners and a Broadcast Notice to Mariners via VHF-FM marine channel
16, to inform them about the safety 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
[[Page 69038]]
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 2 hours that will prohibit entry within 500
feet of a barge within a portion of the Potomac River. It is
categorically excluded from further review under paragraph L63(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.T05-0685 to read as follows:
Sec. 165.T05-0685 Safety Zone; Potomac River, Washington, DC.
(a) Location. The following area is a safety zone: All navigable
waters of the Potomac River within 500 feet of the fireworks barge in
approximate position latitude 38[deg]53'43.13'' N, longitude
77[deg]03'30.62'' W located near the John F. Kennedy Center for
Performing Arts, Washington, DC. These coordinates are based on datum
NAD 83.
(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 National Capital Region to assist in the enforcing of the safety
zone as 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). 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 7:30
p.m. to 9:30 p.m. on October 5, 2023.
Dated: September 29, 2023.
David O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-22166 Filed 10-4-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.209604 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0685-0001/content.htm"
} |
USCG-2023-0688-0001 | Rule | 2023-08-21T04:00:00 | Safety Zone; Youth for the Future Fireworks, St. Clair River; Algonac, MI |
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56770-56771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17882]
[[Page 56770]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0688]
RIN 1625-AA00
Safety Zone; Youth for the Future Fireworks, St. Clair River;
Algonac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the St. Clair River in Algonac, 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 Youth for the Future organization. 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 through 10:30 p.m. September 16,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0688 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 on
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 September 16, 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 280-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 p.m. until 10:30 p.m. on
September 16, 2023. The safety zone will encompass all U.S. navigable
waters of the St. Clair River within a 280-yard radius of the fireworks
launch site located 42[deg]39.038' N, 082[deg]31.67' W, in Algonac, 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 St. Clair River for approximately one and a half
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
[[Page 56771]]
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.
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 1.5 hours that will prohibit entry within 280-
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, 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.T09-0688 to read as follows:
Sec. 165.T09-0688 Safety Zone; Youth for the Future Fireworks, St.
Clair River; Algonac, 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 280-yard
radius of the fireworks launch site located at position 42[deg]39.038'
N, 082[deg]31.67' 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 September 16, 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.
Dated: August 15, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-17882 Filed 8-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.211213 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0688-0001/content.htm"
} |
USCG-2023-0689-0001 | Rule | 2023-08-24T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone |
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Rules and Regulations]
[Page 57882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18268]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-USCG-0689]
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 on Lake Erie, for the Head of the Cuyahoga, in
Cleveland, Ohio. 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 regulation listed in 33 CFR 165.939, Table 165.939 (d)(3)
will be enforced from 5 a.m. through 5 p.m. on September 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 a Safety Zone;
for the Annual Event in the Captain of the Port Buffalo Zone, listed in
33 CFR 165.939, Table 165.939(d)(3) for the Head of the Cuyahoga in
Cleveland, Ohio. All U.S. waters of the Cuyahoga River, between a line
drawn perpendicular to the river banks from position 41[deg]29'55'' N,
081[deg]42'23'' W (NAD 83) just past the Detroit-Superior Viaduct
bridge at MM 1.42 of the Cuyahoga River south to a line drawn
perpendicular to the river banks at position 41[deg]28'32'' N,
081[deg]40'16'' W (NAD 83) just south of the Interstate 490 bridge at
MM 4.79 of the Cuyahoga River.
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 a
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: August 17, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-18268 Filed 8-23-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.212972 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0689-0001/content.htm"
} |
USCG-2023-0690-0001 | Proposed Rule | 2023-11-06T05:00:00 | Special Local Regulations; Recurring Marine Events, Sector Key West, Update |
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Proposed Rules]
[Pages 76159-76162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24470]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0690]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector Key
West, Update
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise existing regulations by
updating the table for existing events in the Seventh Coast Guard
District Captain of the Port (COTP) Key West. This action is necessary
to provide for the safety of life on these navigable waters in Key
West, FL. Through this notice, the current list of recurring special
local regulations is updated with the removal of an event that no
longer takes place, the addition of two events, and revisions to
existing events. When these special local regulations are enforced,
certain restrictions are placed on marine traffic in specified areas.
The Coast Guard invites your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 6, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0690 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 Lieutenant Hailye Wilson, Sector Key
West, Waterways Management Division, Coast Guard; telephone (305) 292-
8768 (ext. 768), 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
[[Page 76160]]
II. Background, Purpose, and Legal Basis
The Coast Guard proposes to amending and updating the annual
recurring special local regulations for events in the geographic
boundaries of the Seventh Coast Guard District Captain of the Port
(COTP) Key West Zone that are listed in 33 CFR 100.701, paragraph (b)
in Table 1 to Sec. 100.701. The proposed rule would ensure that the
public is informed of the most up to date recurring special local
regulations. The current list under Sec. 100.701, paragraph (b) in
Table 1 to Sec. 100.701 requires amendments to existing special local
regulations, adds two new special local regulations expected to recur
annually, and removes a special local regulation that is no longer
required. The Coast Guard proposes this rulemaking under authority in
46 U.S.C. 70041.
III. Discussion of Proposed Rule
This rule proposes to make the following changes in 33 CFR 100.701
to paragraph (b) in Table 1 to Sec. 100.701:
1. Removing the Yachting Key West Race Week special local
regulation (SLR) from Line 1 since this event no longer occurs in the
COTP Key West zone.
2. Moving the existing SLR in Line 2 to Line 1.
3. Moving the SLR in Line 3 to Line 2 and changing the date from
the ``1st Weekend of June'' to ``One Saturday in June.'' There will
also be non-substantive changes made to spelling and word usage for
this SLR. In addition, a contingency will be added stating, ``Depending
on the weather on the day of race, the racecourse might proceed
counterclockwise to accommodate for current and wind.''
4. Inserting a new SLR in Line 3 for the Annual Swim Around Key
West.
5. Inserting a new SLR in Line 4 for the Alligator Reef Lighthouse
Swim/Friends of The Pool, Inc. and;
6. Moving the existing SLR in Line 4 to Line 5, and changing the
event sponsor name from ``Super Boat International Productions, Inc.''
to ``Race World Offshore.''
Marine events listed in paragraph (b) of Table 1 to Sec. 100.701
are listed as recurring over a particular time, during each month and
each year. Exact dates are intentionally omitted since calendar dates
for specific events change from year to year. Once dates for a marine
event are known, the Coast Guard notifies the public it intends to
enforce the special local regulation through various means including a
notice of enforcement published in the Federal Register, Local Notice
to Mariners, and Broadcast Notice to Mariners.
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, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community by Local Notice
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and the rule would allow vessels to seek permission to enter 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 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 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. 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 contact 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
[[Page 76161]]
$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 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 revising
an existing recurring event to reflect a date and time change for the
event. Normally such actions are categorically excluded from further
review under paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1, because it involves a revised
special local regulation related to a marine event permit for marine
parades, regattas, and other marine events. 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 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.
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-2023-0690 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 webpage. 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 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. 100.701, revise paragraph (b) of Table 1 to Sec. 100.701
to read as follows:
Sec. 100.701 Special Local Regulations; Marine Events in the Seventh
Coast Guard District.
* * * * *
Table 1 to Sec. 100.701
----------------------------------------------------------------------------------------------------------------
Number/date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(b) COTP Zone Key
West; Special
Local Regulations.
1. Last Friday in April.......... Conch Republic Navy Conch Republic Location: All waters approximately
Parade and Battle. Navy, LLC. 150 yards offshore from Ocean Key
Sunset Pier, Mallory Square and
Pier B within the Key West Harbor
in Key West, Florida.
2. One Saturday in June.......... Swim Around Key West Florida Keys Location: Beginning at Smathers
Community College. Beach in Key West, Florida. The
regulated area will move, west to
the area offshore of Fort Zachary
Taylor Historic State Park, north
through Key West Harbor, east
through Fleming Cut, south on Cow
Key Channel and west back to
origin. The center of the
regulated area will at all times
remain approximately 50 yards
offshore of the island of Key
West Florida; extend 50 yards in
front of the lead safety vessel
preceding the first race
participants; extend 50 yards
behind the safety vessel trailing
the last race participants; and
at all times extend 100 yards on
either side of the race
participants and safety vessels.
Depending on the weather on the
day of race, the racecourse might
proceed counter-clockwise to
accommodate for current and wind.
[[Page 76162]]
3. One Saturday in June.......... Annual Swim Around Anna Fugina........ Location: Beginning at Higgs Beach
Key West. in Key West, Florida. The
regulated area will move, west to
the area offshore of Fort Zachary
Taylor Historic State Park, north
through Key West Harbor, east
through Fleming Cut, south on Cow
Key Channel and west, past
Smathers Beach and back to
origin. The center of the
regulated area will at all times
remain approximately 50 yards
offshore of the island of Key
West Florida; extend 50 yards in
front of the lead safety vessel
preceding the first race
participants; extend 50 yards
behind the safety vessel trailing
the last race participants; and
at all times extend 100 yards on
either side of the race
participants and safety vessels.
Depending on the weather on the
day of race, the racecourse might
proceed counter-clockwise to
accommodate for current and wind.
4. One Saturday in September..... Alligator Reef Friends of The Location(s) (Primary): Beginning
Lighthouse Swim. Pool, Inc. at a point Latitude 24[deg]54.82'
N, longitude 080[deg]38.03' W,
thence to latitude 24[deg]54.36'
N, longitude 080[deg]37.72' W,
thence to latitude 24[deg]51.07'
N, longitude 080[deg]37.14' W,
thence to latitude 24[deg]54.36'
N, longitude 080[deg]37.72' W,
thence to point of origin at
latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W.
Location(s) (Alternate) \1\:
Beginning at a point Latitude
24[deg]54.82' N, longitude
080[deg]38.03' W, thence to
latitude 24[deg]53.25' N,
longitude 080[deg]37.04' W,
thence to latitude 24[deg]52.05'
N, longitude 080[deg]38.85' W,
thence to latitude 24[deg]54.36'
N, longitude 080[deg]37.72' W,
thence to point of origin at
latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W.
5. 2nd week (Wednesday through Key West Offshore Race World Offshore Location: In the Atlantic Ocean,
Sunday) in November. World Championship. off the tip of Key West, Florida,
on the waters of the Key West
Main Ship Channel, Key West
Turning Basin, and Key West
Harbor Entrance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-24470 Filed 11-3-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.213734 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0690-0001/content.htm"
} |
USCG-2023-0695-0001 | Rule | 2023-08-25T04:00:00 | Safety Zones; Annual Events in the Captain of the Port Buffalo Zone |
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58112-58113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18273]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0695]
Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulations; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects dates in a notification of enforcement
published June 27, 2023. The Coast Guard will enforce a safety zone
that encompasses certain navigable waters of the Cleveland Inner Harbor
East Basin on Lake Erie, for the 2023 Cleveland National Airshow in
Cleveland, Ohio. This action is necessary and intended for the safety
of life and property on the navigable waters during this event. 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 regulations listed in 33 CFR 165.939, Table 165.939(d)(2)
will be enforced from 8 a.m. through 6 p.m. on Wednesday August 30,
2023, through Monday September 4, 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(d)(2). This safety zone will be enforced
for all U.S. waters of Lake Erie near Burke Lakefront Airport in
Cleveland, Ohio from position 41[deg]30'20'' N and 081[deg]42'20'' W to
41[deg]30'50'' N and 081[deg]42'49'' W, to 41[deg]32'09'' N and
081[deg]39'49'' W, to 41[deg]31'53'' N and 081[deg]39'24'' W, then
return to the original position (NAD 83).
Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within the safety zone during an enforcement
[[Page 58113]]
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 needs 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: August 17, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-18273 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.216601 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0695-0001/content.htm"
} |
USCG-2023-0696-0001 | Rule | 2023-08-30T04:00:00 | Safety Zones: Foster Wedding Fireworks, Lake St. Clair; Grosse Pointe Park, MI |
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59802-59804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18701]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0696]
RIN 1625-AA00
Safety Zone; Foster Wedding Fireworks, Lake St. Clair; Grosse
Pointe Park, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on Lake St. Clair in Grosse Point Park, 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 Foster family. 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 p.m. on September
9, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0696 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
[[Page 59803]]
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 on Lake St. Clair. It is impracticable and contrary
to the public interest to publish a NPRM because we must establish this
safety zone by September 9, 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.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10 p.m. on
September 9, 2023. The safety zone will encompass all U.S. navigable
waters of Lake St. Clair within a 200-yard radius of the fireworks
launch site located 42[deg]21.791' N, 082[deg]55.147' W, near Windmill
Point, 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 Lake St. Clair 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.
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
[[Page 59804]]
$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 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, 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.T09-0696 to read as follows:
Sec. 165.T09-0696 Safety Zone; Foster Wedding Fireworks, Lake St.
Clair; Grosse Pointe Park, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of Lake St. Clair within a within a 200-yard
radius of the fireworks launch site located at position 42[deg]21.791'
N, 082[deg]55.147' 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 p.m. on September 9, 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.
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18701 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.217311 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0696-0001/content.htm"
} |
USCG-2023-0697-0001 | Rule | 2023-08-30T04:00:00 | Special Local Regulations; Marine Events Within the Fifth Coast Guard District—Atlantic City, NJ |
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Page 59796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18704]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0697]
Special Local Regulations; Marine Events Within the Fifth Coast
Guard District--Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for an
event identified as ``Triathlons in Atlantic City'' on September 10,
2023, to provide for the safety of life on navigable waterways during
the IRONMAN 70.3 Atlantic City Triathlon. Our regulation for marine
events within the Fifth Coast Guard District identifies the regulated
area for this event in Atlantic City, NJ. 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 100.501 for Atlantic City, NJ, will be
enforced for the regulated areas listed in Table 1 to Paragraph (i)(1)
of Sec. 100.501 for an event identified in the table as ``Triathlons
in Atlantic City'' from 6:30 a.m. to 11:30 a.m. on September 10, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Petty Officer Christopher
Payne, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone: 215-271-4889, Email: [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.501 for the ``Triathlons in Atlantic City''
regulated Area from 6:30 a.m. to 11:30 a.m. on September 10, 2023. This
action is being taken to provide for the safety of life on navigable
waterways during the IRONMAN 70.3 Atlantic City Triathlon. Our
regulation for marine events within the Fifth Coast Guard District,
Sec. 100.501, specifies the exact location of the regulated area for
``Triathlons in Atlantic City'' events within portions of the New
Jersey Intracoastal Waterway. As reflected in Sec. 100.501(d)(2),
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.
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: August 23, 2023.
Roberto Rivera,
Captain, U.S. Coast Guard, Acting, Captain of the Port, Delaware Bay.
[FR Doc. 2023-18704 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.218884 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0697-0001/content.htm"
} |
USCG-2023-0698-0001 | Rule | 2023-09-13T04:00:00 | Safety Zone; Missouri River MM 184.5– 185.5, Rocheport, MO |
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Rules and Regulations]
[Pages 62707-62708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19735]
[[Page 62707]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0698]
RIN 1625-AA00
Safety Zone; Missouri River MM 184.5-185.5, Rocheport, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Missouri River at Mile Marker (MM) 184.5
through 185.5. The safety zone is needed to protect personnel, vessels,
and the marine environment from all potential hazards associated with
the demolition of the I-70 Bridge. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector Upper Mississippi River (COTP) or a designated
representative.
DATES: This rule is effective without actual notice from September 13,
2023 through September 24, 2023. For the purposes of enforcement,
actual notice will be used from September 10, 2023 until September 13,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0698 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-
2560, 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 a temporary safety zone must be
established immediately to protect personnel, vessels, and the marine
environment from potential hazards created by the demolition of the I-
70 bridge situated over the Missouri River and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. It is impracticable to publish an NPRM because
we must establish this safety zone September 10, 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. 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 demolition
of the I-70 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 Sector Upper Mississippi River (COTP)
has determined that potential hazards associated with the demolition of
the I-70 bridge will be a safety concern for anyone operating or
transiting within the Missouri River from MM 184.5 through 185.5. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
demolition is being conducted.
IV. Discussion of the Rule
The I-70 Bridge, located between MM 184.5 and 185.5, will be
demolished. The planned date of demolition is September 10, 2023, with
an operational window until September 24, 2023, in the event of
inclement weather. The safety zone is designed to protect waterway
users until work is complete.
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 USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. 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, as well as
reductions in the size of the safety zone through Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety
Marine Information Broadcast (SMIB), 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 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 a safety zone
located on the Missouri River at MM 184.5-185.5, near Rocheport, MO.
The Safety Zone is expected to be active only during the demolition
event, or until September 24, 2023.
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
[[Page 62708]]
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator because the
zone will be enforced only when work is being conducted.
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 encompassing the width of the Missouri River at MM 184.5-
185.5. 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.T08-0698 to read as follows:
Sec. 165.T08-0698 Safety Zone; Missouri River, Mile Markers 184.5-
185.5, Rocheport, MO.
(a) Location. The following area is a safety zone: all navigable
waters within Missouri River, Mile Markers 184.5-185.5, Rocheport, MO.
(b) Definitions. As used in this section, designated representative
means a commissioned, warrant, or petty officer of the U.S. Coast Guard
(USCG) assigned to units under the operational control of USCG Sector
Upper Mississippi River.
(c) Regulations.
(1) In accordance with the general safety zone regulations in Sec.
165.23, entry of persons or vessels into this safety zone described in
paragraph (a) of this section is prohibited unless authorized by the
COTP or a designated representative.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Enforcement period and informational broadcasts. This section
is subject to enforcement from September 10, 2023, through September
24, 2023. The COTP or a designated representative will inform the
public of the effective period for the safety zone and all dates and
times of enforcement, as well as reductions in size or scope of the
safety zone through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB)
as appropriate. The COTP or a designated representative will inform the
public through those same means of the termination of enforcement if
enforcement of the zone is no longer required prior to the rule's
termination.
Dated: September 7, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-19735 Filed 9-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.219606 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0698-0001/content.htm"
} |
USCG-2023-0699-0001 | Rule | 2023-08-23T04:00:00 | Security Zone; Lake Tahoe, Glenbrook, NV |
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57354-57356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18170]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0699]
RIN 1625-AA87
Security Zone; Lake Tahoe, Glenbrook, NV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
the navigable waters of Lake Tahoe, Glenbrook, NV within the San
Francisco Captain of the Port Zone. The security zone is along the Lake
Tahoe shoreline from approximately 200 yards from shore in the
Glenbrook area. The security zone is necessary to protect the harbors,
ports, and waterfront facilities of Lake Tahoe during a visit by high-
ranking government officials and their official party. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective without actual notice from August 23,
2023 through August 27, 2023. For the
[[Page 57355]]
purposes of enforcement, actual notice will be used from August 18,
2023, until August 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0699 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 William Harris, U.S. Coast Guard Sector San Francisco,
Waterways Management Division; telephone 415-399-7443, 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. The Coast Guard was notified of the need of this
security zone with less than two weeks' notice and did not receive
final details until August 16, 2023. The high-ranking government
official visit will occur before completion of any comment period,
thereby jeopardizing the security of the official and the harbors,
ports, and waterfront facilities of Lake Tahoe. Additionally, it is
impracticable to publish an NPRM because the visit is scheduled to
occur on August 18-27, 2023, and we must establish this security zone
by those dates. We lack sufficient time to solicit comments and review
them prior to issuing a final action.
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 impracticable because immediate action is needed to provide for the
protection of high-ranking government officials, security of the
harbors, ports, and waterfront facilities, and mitigation of potential
subversive acts.
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 (COTP) has determined that the
high-ranking government officials and their official party plan to
visit the Glenbrook, NV area on Lake Tahoe. This area is located
adjacent to U.S. navigable waters in the San Francisco COTP zone. This
rule is needed to ensure the safety of high-ranking government
officials and their official party.
IV. Discussion of the Rule
This rule establishes a security zone from August 18 through August
27, 2023. This security zone will cover all navigable waters of Lake
Tahoe, from surface to bottom, within the area formed by connecting the
following latitude and longitude points in the following order:
39[deg]5'33.7'' N, 119[deg]56'37.8'' W; thence to 39[deg]5'36.7'' N,
119[deg]56'28.2'' W; thence along the shore to 39[deg]5'30.8'' N,
119[deg]56'25.6'' W; thence to 39[deg]5'29.7'' N, 119[deg]56'36.2'' W
and thence to the point of beginning. This zone will be in effect from
12:01 a.m. on August 18, 2023, until 11:59 p.m. on August 27, 2023.
The duration of this zone is intended to protect the harbors,
ports, and waterfront facilities during the high-ranking government
officials' visit to the local area and to ensure the safety of the
official party. No vessel or person will be permitted to enter the
security zone except for authorized support vessels, aircraft, and
support personnel, or other vessels authorized by 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 security zone. The effect of this rule
will not be significant because local waterways users will be notified
by on-scene enforcement to ensure the security zone will result in
minimum impact. Additionally, vessel traffic will be able to pass
safely around the area of the security zone. The entities most likely
to be affected are pleasure craft engaged in recreational activities.
The rule will allow vessels to seek permission to enter the zone by
contacting the COTP or the COTP's designated representative through the
Command Post at telephone (202) 604-8857 or by VHF Marine Radio channel
21A.
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
[[Page 57356]]
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 in effect 24 hours a day over a period of ten days. 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.T11-137 to read as follows:
Sec. 165.T11-137 Security Zone: Lake Tahoe, Glenbrook, NV.
(a) Location. The following area is a security zone: All navigable
waters, from surface to bottom, within the area formed by connecting
the following latitude and longitude points in the following order:
39[deg]5'33.7'' N, 119[deg]56'37.8'' W; thence to 39[deg]5'36.7'' N,
119[deg]56'28.2'' W; thence to 39[deg]5'30.8'' N, 119[deg]56'25.6'' W;
thence to 39[deg]5'29.7'' N, 119[deg]56'36.2'' W and thence along the
shoreline to the point of beginning.
(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, or local officer designated by or assisting the Captain
of the Port (COTP) San Francisco 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 a
designated representative.
(2) The security zone is closed to all vessel traffic, except as
may be permitted by the COTP or a designated representative.
(3) To seek permission to enter, contact the COTP or the COTP's
designated representative through the Command Post at telephone (202)
604-8857 or by VHF Marine Radio channel 21A. Those in the security 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 12:01
a.m. on August 18, 2023, until 11:59 p.m. on August 27, 2023.
Dated: August 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-18170 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P
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