Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations 14845 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven M. 

Fischer, Thirteenth Coast Guard District 

Bridge Administrator; telephone 206– 

220–7282, email: d13-pf-d13bridges@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The South 

Park highway bridge is a double bascule 

span drawbridge that requires under 

bridge maintenance. King County Road 

Services Division requested a deviation 

to the published drawbridge operation 

schedule to enable timely completion of 

the required bridge maintenance. The 

South Park highway bridge is located in 

the Duwamish Waterway, mile 3.8, at 

Seattle, WA, and provides 34.8 feet of 

vertical clearance at center span while 

in the closed position, 30 feet of vertical 

clearance at the extreme east and west 

ends of the navigable channel, and 

unlimited vertical clearance with half of 

the bascule bridge in the fully open 

position. Vertical clearances are 

referenced to mean high-water elevation 

(MHW). Horizontal clearance is 128 feet. 

However, horizontal clearance may be 

restricted by construction barges. 

The normal operation schedule for the 

bridge is in 33 CFR 117.1041, which 

specifies that the draws of each bridge 

across the Duwamish Waterway shall 

open on signal, except the draw of the 

South Park highway bridge, mile 3.8, 

which need not be opened for the 

passage of vessels from 6:30 a.m. to 8:00 

a.m. and 3:30 p.m. to 5:00 p.m., Monday 

through Friday, except Federal holidays. 

The deviation period is effective from 

12:01 a.m. on March 17, 2015 to 11:59 

p.m. on March 28, 2015, and allows the 

drawbridge to remain closed to mariners 

needing a full channel double bascule 

opening. For mariners that only require 

a single leaf, half channel, drawbridge 

opening, such an opening will be given 

upon signal. A drawtender will be 

present 24 hours a day, 7 days week. To 

request a single leaf opening, mariners 

may utilize any of the following 

methods: (1) Via VHF maritime radio; 

(2) telephone; (3) one prolonged blast 

followed quickly by one short blast and 

one prolonged blast. 

Waterborne traffic on this stretch of 

the Duwamish waterway consists of 

vessels ranging from small pleasure 

craft, sailboats, small tribal fishing 

boats, and commercial tug and tow, and 

mega yachts. Vessels able to pass under 

the bridge in the closed positions may 

do so at anytime, but are advised to use 

caution as the area surrounding the 

bridge has numerous construction craft 

and equipment occupying half of the 

navigational channel. The bridge will be 

able to open half of the bridge for 

emergencies, and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will also inform users of 

the waterway of the change in operating 

schedule for the bridge through our 

Local and Broadcast Notices to Mariners 

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: March 11, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–06493 Filed 3–19–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0126] 

RIN 1625–AA00 

Safety Zone; Pittsburgh, PA; Ice 

Accumulations; Allegheny River Mile 

1.0–72.0 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Allegheny River within 

the Captain of the Port Pittsburgh Zone, 

which includes mile 1.0 to mile 72.0 on 

the Allegheny River. This safety zone is 

needed to protect persons, property, and 

vessels transiting the area from the 

hazards associated with ice 

accumulations on the waterways. Entry 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Pittsburgh or a 

designated representative. 

DATES: This rule is effective from March 

20, 2015 through April 1, 2015, and 

enforceable through actual notice 

beginning on February 26, 2015, until 

April 1, 2015 or ice conditions within 

the COTP Pittsburgh Zone have 

improved, whichever occurs earlier. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2015–0126. 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, call or 

email Jennifer Haggins, Marine Safety 

Unit Pittsburgh, U.S. Coast Guard, at 

telephone (412) 221–0807, email 

Jennifer.L.Haggins@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

BNM Broadcast Notices to Mariners 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

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 using the 

Notice of Proposed Rulemaking (NPRM) 

Process. The Coast Guard, with 

recommendations from the Pittsburgh 

Ice Committee (comprised of Army 

Corps of Engineers—Pittsburgh District, 

National Weather Service, Marine Safety 

Unit Pittsburgh, and Chairperson of the 

Waterways Navigation Committee), has 

established a safety zone on all waters 

of the Allegheny Rivers within the 

COTP Pittsburgh Zone. This safety zone 

will remain in effect February 26, 2015, 

until April 1, 2015 or ice conditions 

within the COTP Pittsburgh Zone have 

improved, whichever occurs earlier. 

This safety zone is the result of 

significant ice formation within the 

navigable channels of the Allegheny 

River, due to extended periods of subfreezing temperatures. Waterway users 

will be informed of the decisions by the 

Pittsburgh Ice Committee during the 

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14846 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations 

Industry Teleconference that is hosted 

by MSU Pittsburgh. This emergent 

situation does not allow time for the 

NPRM Process. After full review of 

information provided by the Pittsburgh 

Ice Committee, Army Corps of 

Engineers—Pittsburgh District, and 

National Weather Service, the Coast 

Guard has determined that immediate 

action establishing additional safety 

measures is necessary to ensure public 

safety during the next several weeks. 

Delaying the implementation of this rule 

by completing the NPRM Process is 

contrary to public interest. Immediate 

action is needed to protect persons, 

property, and vessels transiting into, out 

of, or within the COTP Pittsburgh Zone 

during sub-freezing temperatures and 

resulting ice accumulations. 

For the same reasons discussed above, 

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. Providing 30 days notice 

would unnecessarily delay the effective 

date and would be impracticable and 

contrary to public interest because 

immediate action is needed to protect 

persons, property, and vessels transiting 

into, out of, or within the COTP 

Pittsburgh Zone. 

B. Basis and Purpose 

The COTP Pittsburgh Zone has 

recently experienced consecutive weeks 

of sub-freezing temperatures. 

Accumulations of ice have formed on 

the Allegheny River resulting in vessels 

not being able to transit the river. 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231, 46 

U.S.C. Chapter 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; and Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to establish and define 

regulatory safety zones. 

C. Discussion of Final Rule 

The Coast Guard is establishing a 

safety zone for all waters of the 

Allegheny Rivers within the COTP 

Pittsburgh Zone, which includes mile 

1.0 to mile 72.0 on the Allegheny River. 

Entry into this zone is prohibited to all 

vessels and persons, except persons and 

vessels specifically authorized by the 

COTP Pittsburgh. This rule is effective 

immediately and will be enforced 

February 26, 2015, until April 1, 2015 

or ice conditions within the COTP 

Pittsburgh Zone have improved, 

whichever occurs earlier. As stated in 

the Basis and Purpose section above, on 

the recommendation from the Pittsburgh 

Ice Committee, entry into this zone is 

prohibited to all vessels and persons, 

except persons and vessels specifically 

authorized by the COTP Pittsburgh. 

The COTP Pittsburgh will inform the 

public through Broadcast Notices to 

Mariners (BNM) of details regarding 

enforcement and any changes to this 

safety zone during ice accumulation 

conditions. 

D. 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 or 

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 

Budget has not reviewed it under those 

Orders. 

This rule is not significant under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). This rule will be in effect during 

emergency conditions involving ice 

accumulation on the Allegheny River. 

While some impacts on routine 

navigation will be recognized by 

waterway users, the recommendation 

for this emergency safety measure came 

from the Pittsburgh Ice Committee 

which is comprised of Army Corps of 

Engineers—Pittsburgh District, National 

Weather Service, Marine Safety Unit 

Pittsburgh, and Chairperson of the 

Waterways Navigation Committee. The 

Coast Guard will continue to make 

notifications to the marine community 

and local industry contacts that could 

be operating in the area during these 

conditions. Additionally, deviation from 

the rule may be requested and will be 

considered on a case-by-case basis by 

the COTP or a designated 

representative. 

2. 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. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit mile 1.0 to 

mile 72.0 on the Allegheny River, from 

February 26, 2015, until April 1, 2015 

or ice conditions within the COTP 

Pittsburgh Zone have improved, 

whichever occurs earlier. This 

emergency safety zone will not have a 

significant economic impact on a 

substantial number of small entities due 

to its limited scope and short duration. 

Entry into this zone is prohibited to 

all vessels and persons, except persons 

and vessels specifically authorized by 

the COTP Pittsburgh. The Coast Guard 

will ensure that that the local marine 

community is aware of the safety zone 

through BNMs and other notification. 

Additionally, deviation from the rule 

may be requested and will be 

considered on a case-by-case basis by 

the COTP or a designated 

representative. 

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, 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). 

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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations 14847 

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 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 establishes an 

emergency safety zone for waters of the 

Allegheny River within the COTP 

Pittsburgh Zone. This rule 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 are 

available in the docket where indicated 

under ADDRESSES. 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 recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0126 to read as 

follows: 

§ 165.T08–0126 Safety Zone; Pittsburgh, 

PA; Ice Accumulations; Allegheny River 

Mile 1.0–72.0. 

(a) Location. The following area is a 

safety zone: all waters of the Allegheny 

River within the Captain of the Port 

(COTP) Pittsburgh Zone, mile 1.0 to 

mile 72.0 on the Allegheny River. 

(b) Effective date. This temporary rule 

is effective from March 20, 2015 through 

April 1, 2015, and enforceable February 

26, 2015, until April 1, 2015 or ice 

conditions within the Captain of the 

Port (COTP) Pittsburgh Zone have 

improved, whichever occurs earlier. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

authorized by the COTP Pittsburgh or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP 

Pittsburgh or a designated 

representative. The COTP Pittsburgh or 

a representative may be contacted at 

(412) 221–0807. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP Pittsburgh or their designated 

representative. Designated COTP 

representatives include United States 

Coast Guard commissioned, warrant, 

and petty officers. 

(d) Informational broadcasts. The 

COTP Pittsburgh will inform the public 

through Broadcast Notices to Mariners 

(BNM) of the safety zone and any 

changes to the enforcement periods. 

Dated: February 26, 2015. 

L.N. Weaver, 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2015–06356 Filed 3–19–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2014–0712; FRL–9924– 

83–Region–4] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Tennessee has applied to the 

United States Environmental Protection 

Agency (EPA) for final authorization of 

changes to its hazardous waste program 

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