13244 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T08–0076 to 

read as follows: 

§ 165.T08–0076 Safety Zone; Tuscaloosa 

Regional Air Show; Black Warrior River; 

Tuscaloosa, AL. 

(a) Location. The following area is a 

safety zone: all waters encompassing the 

waters of the Black Warrior River 

between MM 335.8 to MM 336.3, in 

Tuscaloosa, AL. 

(b) Effective dates and enforcement 

period. This rule is effective on March 

26–29, 2015, from 11:30 a.m. until 5:00 

p.m. each day. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Mobile or a 

designated representative. 

(2) Persons or vessels desiring to enter 

into or passage through the zone must 

request permission from the Captain of 

the Port Mobile or a designated 

representative. They may be contacted 

on VHF–FM channels 16 or by 

telephone at 251–441–5976. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the Captain of the 

Port Mobile or designated 

representative. 

(d) Informational broadcasts. The 

Captain of the Port Mobile or a 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the safety zone as well as any changes 

in the safety zone or the planned 

schedule. 

Dated: February 2, 2015. 

S. Walker, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2015–05744 Filed 3–12–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR PART 165 

[Docket No. USCG–2015–0130] 

RIN 1625–AA00 

Safety Zone; St. Patrick’s Day 

Fireworks, Manitowoc River, 

Manitowoc, Wisconsin 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

Manitowoc River in Manitowoc, 

Wisconsin. This safety zone is intended 

to restrict vessels from a portion of the 

Manitowoc River due to a fireworks 

display. This safety zone is necessary to 

protect the surrounding public and 

vessels from the hazards associated with 

the fireworks display. 

DATES: This rule is effective and will be 

enforced from 6 p.m. until 8:30 p.m. on 

March 13, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2015–0130. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, contact 

or email MST1 Joseph McCollum, U.S. 

Coast Guard Sector Lake Michigan, at 

414–747–7148 or Joseph.P.McCollum@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, 

telephone 1–800–647–5527. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On December 24, 2014, the Coast 

Guard published an NPRM in the 

Federal Register which listed safety 

zones corresponding to annual marine 

events in the Sector Lake Michigan zone 

(79 FR 77415). This NPRM included the 

safety zone for the St. Patrick’s Day 

Fireworks in Manitowoc, WI (the 

subject of this TFR). After the 30 day 

comment period for the NPRM closed, 

the Coast Guard published a 

corresponding Final Rule on February 

18, 2015 (80 FR 8536). 

Because the Manitowoc St. Patrick’s 

Day Fireworks would occur within 30 

days of the Final Rule’s publication, the 

Coast Guard finds that good cause exists 

under 5 U.S.C. 553(d)(3), for making this 

rule effective less than 30 days after 

publication in the Federal Register. 

Waiting for a 30 day notice period to 

run would be impracticable, 

unnecessary, and contrary to the public 

interest because it would inhibit the 

Coast Guard’s ability to protect vessels 

from the hazards associated with the 

Manitowoc St. Patrick’s Day Fireworks 

on March 13, 2015, which are discussed 

further below. 

B. Basis and Purpose 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

On March 13, 2015, the City of 

Manitowoc is expected to hold its 

annual St. Patrick’s Day fireworks 

display. This fireworks display will be 

launched from the shore of the 

Manitowoc River. The Captain of the 

Port Lake Michigan has determined that 

this fireworks display will pose a 

significant risk to public safety and 

property. Such hazards include falling 

and/or flaming debris. 

C. Discussion of the Final Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Lake 

Michigan has determined that this 

safety zone is necessary to ensure the 

safety of persons and vessels during the 

fireworks display on the shore of the 

Manitowoc River. This zone is effective 

and will be enforced from 6 p.m. until 

8:30 p.m. on March 13, 2015. The safety 

zone will encompass all waters of the 

Manitowoc River within a 200 foot 

radius of an approximate launch 

position at 44°05.492′ N, 087°39.332′ W 

(NAD 83). 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or her designated 

on-scene representative. The Captain of 

the Port or her designated on-scene 

representative may be contacted via 

VHF Channel 16. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13245 

Budget has not reviewed it under those 

Orders. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We conclude that this rule is not 

a significant regulatory action because 

we anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and enforced for only 

one day. Under certain conditions, 

moreover, vessels may still transit 

through the safety zone when permitted 

by the Captain of the Port. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this rule on small entities. 

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. 

This rule will affect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the affected portion of the Manitowoc 

River on March 13, 2015. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons cited in the Regulatory 

Planning and Review section. 

Additionally, before the enforcement of 

this zone, we would issue local 

Broadcast Notice to Mariners so vessel 

owners and operators can plan 

accordingly. 

3. Assistance for Small Entities 

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 above. 

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. 

4. 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). 

5. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

6. 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. 

7. 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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (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 and 

therefore it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination for this zone have been 

previously completed and are available 

via http://www.regulations.gov under 

Docket Number USCG–2014–1001. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 


tkelley on DSK3SPTVN1PROD with RULES
13246 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0130 to read as 

follows: 

§ 165.T09–0130 Safety Zone; St. Patrick’s 

Day Fireworks, Manitowoc River, 

Manitowoc, Wisconsin. 

(a) Location. All waters of the 

Manitowoc River within a 200 foot 

radius of an approximate launch 

position at 44°05.492′ N, 087°39.332′ W 

(NAD 83). 

(b) Effective and enforcement period. 

This zone is effective and will be 

enforced from 6 p.m. until 8:30 p.m. on 

March 13, 2015. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or her 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or her designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on her behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 

Michigan or her on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or her 

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 

Captain of the Port Lake Michigan or her 

on-scene representative. 

Dated: March 2, 2015. 

A.B. Cocanour, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2015–05814 Filed 3–12–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0109] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the operation of 

the Port Authority Trans-Hudson 

(PATH) railroad bridge across the 

Hackensack River, mile 3.0, at Jersey 

City, New Jersey. This deviation is 

necessary to allow the bridge owner to 

replace rails and ties at the bridge. This 

deviation allows the bridge to remain 

closed on Saturday and Sunday for 

twenty six consecutive weekends. 

DATES: This deviation is effective from 

April 4, 2015 through September 27, 

2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0109] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140, on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC, 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Joe M. Arca, 

Project Officer, First Coast Guard 

District, telephone (212) 514–4336, 

joe.m.arca@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The PATH 

railroad bridge across the Hackensack 

River, mile 3.0, at Jersey City, New 

Jersey, has a vertical clearance in the 

closed position of 40 feet at mean high 

water and 45 feet at mean low water. 

The existing bridge operating 

regulations are found at 33 CFR 117.723. 

The waterway is transited by seasonal 

recreational vessels and commercial 

vessels of various sizes. 

The bridge owner, Port Authority 

Trans-Hudson (PATH), requested a 

temporary deviation from the normal 

operating schedule to facilitate 

structural repairs, replacement of the 

rails and ties, at the bridge. 

Under this temporary deviation, the 

PATH railroad bridge may remain in the 

closed position for twenty six 

weekends, between 12:01 a.m. on 

Saturdays through 12:01 a.m. on 

Mondays from April 4, 2015 through 

September 27, 2015. 

There are no alternate routes for 

vessel traffic; however, the vertical 

clearance at the bridge is 40 feet at mean 

high water and 45 feet at mean low 

water, which should allow most vessels 

that normally transit this bridge to pass 

under the closed draws during this 

repair period. The bridge may be 

opened in the event of an emergency. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notice to Mariners of the 

change in operating schedule for the 

bridges so that vessels 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. 

Dated: February 23, 2015. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2015–05809 Filed 3–12–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0098] 

RIN 1625–AA00 

Safety Zone; State Route 520 Bridge 

Construction, Lake Washington; 

Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Washington around the east span 

of the State Route 520 Bridge in Seattle, 

Washington for the construction of the 

new bridge. The safety zone is necessary 

to ensure the safety of the maritime 

public and workers involved in the 

bridge construction. The safety zone 

will prohibit any person or vessel from 


tkelley on DSK3SPTVN1PROD with RULES