Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations 65895 

Paragraph 5000 Class D airspace. 

* * * * * 

AWP CA D Santa Rosa, CA [Amended] 

Charles M. Schulz-Sonoma County Airport, 

CA 

(Lat. 38°30′32′′ N., long. 122°48′46′′ W.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.3-mile radius of Santa Rosa/

Charles M. Schulz-Sonoma County Airport. 

This Class D airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

Paragraph 6004 Class E airspace areas 

designated as an extension to Class D or 

Class E surface area. 

* * * * * 

AWP CA E4 Santa Rosa, CA [New] 

Charles M. Schulz-Sonoma County Airport, 

CA 

(Lat. 38°30′32′′ N., long. 122°48′46′′ W.) 

That airspace extending upward from the 

surface within 2 miles either side of the 342° 

bearing from the Charles M. Schulz-Sonoma 

County Airport, CA, extending from the 4.3 

mile radius of the airport to 14 miles 

northwest of the airport. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 Santa Rosa, CA [Amended] 

Charles M. Schulz-Sonoma County Airport, 

CA 

(Lat. 38°30′32′′ N., long. 122°48′46′′ W.) 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 38°53′25′′ N., long. 

122°52′34′′ W.; to lat. 38°37′07′′ N., long. 

122°46′02.00′′ W.; to 38°22′08′′ N., long. 

122°38′28′′ W.; lat. 38°06′41′′ N., long. 

122°29′59′′ W.; lat. 38°02′10′′ N., long. 

122°44′09′′ W.; lat. 38°17′57′′ N., long. 

122°54′37′′ W.; lat. 38°22′58′′ N., long. 

123°02′34′′ W.; lat. 38°29′12′′ N., long. 

122°56′32′′ W.; lat. 38°33′48′′ N., long. 

123°00′47′′ W.; lat. 38°50′14′′ N., long. 

123°07′20′′ W. thence to the point of origin; 

that airspace extending upward from 1,200 

feet above the surface bounded by a line 

beginning at lat. 45°49′00′′ N., long. 

118°00′00′′ W.; to lat. 45°49′00′′ N., long. 

119°45′00′′ W.; to lat. 47°00′00′′ N., long. 

119°45′00′′ W.; to lat. 47°00′00′′ N., long. 

118°00′00′′ W.; thence to the point of origin. 

Issued in Seattle, Washington, on October 

27, 2014. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2014–26283 Filed 11–5–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0419] 

RIN 1625–AA00 

Safety Zone; University of Cincinnati 

Bearcats Football Fireworks; Ohio 

River, Mile 470.4–470.8; Cincinnati, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Ohio River, surface to 

bottom, extending from Ohio River mile 

470.4 to mile 470.8 at Cincinnati, Ohio. 

This temporary safety zone is necessary 

to protect persons and property from 

potential damage and safety hazards 

during the University of Cincinnati 

Bearcats Football Fireworks. During the 

period of enforcement, no vessels may 

be located within this Coast Guard 

safety zone. Entry into this Coast Guard 

safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port Ohio Valley or other designated 

representative. 

DATES: This rule is effective without 

actual notice from November 6, 2014 

until December 6, 2014. For the 

purposes of enforcement, actual notice 

will be used from September 12, 2014, 

until November 6, 2014. 

The scheduled enforcement times and 

dates for this rule are: From 9:30 p.m. 

until 11:30 p.m. on September 12 and 

20; October 4 and 24; November 13; and 

December 6, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0419. 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 Chief Petty Officer Kevin Cador, 

Marine Safety Detachment Cincinnati, 

U.S. Coast Guard; telephone 513–921– 

9033 x2109, email Kevin.L.Cador@

uscg.mil or Petty Officer John Joeckel, 

Marine Safety Detachment Cincinnati, 

U.S. Coast Guard; telephone 513–921– 

9033 x2114, email John.R.Joeckel@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The Coast 

Guard was made aware of the schedule 

for the University of Cincinnati Bearcats 

Football Fireworks on August 6, 2014. 

There are potential hazards associated 

with fireworks displays over or on the 

Ohio River and a safety zone is required 

to protect persons and property on or 

near the waterway during the displays. 

Completing the NPRM process and 

providing notice and a comment period 

is contrary to the public interest because 

it would delay this rule and the 

immediate safety measures it provides. 

Additionally, the University of 

Cincinnati’s game schedule and these 

fireworks displays are advertised to the 

local community by and through the 

University of Cincinnati organization. 

Delaying the safety zone effective date 

to complete the NPRM process would be 

impracticable as it would interfere with 

the advertised and planned for displays 

and would unnecessarily interfere with 

contractual obligations related to these 

events. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Providing a full 30 days notice would be 

impracticable and would unnecessarily 

delay the effective date of this rule. 

Delaying the effective date would also 

be contrary to public interest since 

immediate action is necessary to protect 


rmajette on DSK2TPTVN1PROD with RULES
65896 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations 

persons and property from potential 

hazards associated with fireworks 

displays over or on the Ohio River. 

B. Basis and Purpose 

Multiple fireworks displays are 

planned to conclude the University of 

Cincinnati Bearcats football games 

scheduled on September 12 & 20; 

October 4 & 24; November 13; and 

December 6, 2014. These displays will 

feature fireworks being launched from a 

barge located in front of the Paul Brown 

Stadium, between miles 470.4 and 470.8 

on the Ohio River at Cincinnati, OH. 

The Coast Guard determined that a 

safety zone is necessary to keep persons 

and property clear of any potential 

hazards associated with the launching 

of fireworks on or over the waterway. 

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. 

The purpose of the rule is to establish 

the necessary temporary safety zone to 

provide protection for persons and 

property, including spectators, 

commercial and recreational vessels, 

and others that may be in the area 

during the noticed fireworks display 

times from the hazards associated with 

the fireworks display on and over the 

waterway. 

C. Discussion of the Final Rule 

The COTP Ohio Valley is establishing 

a temporary safety zone from 9:30 p.m. 

to 11:30 p.m. on September 12 & 20; 

October 4 & 24; November 13; and 

December 6, 2014 for the University of 

Cincinnati Bearcats Football Fireworks. 

The fireworks will be launched from a 

barge located in front of the Paul Brown 

Stadium and the safety zone will 

include all waters between Ohio River 

miles 470.4 and 470.8 at Cincinnati, 

Ohio. The Coast Guard will enforce the 

temporary safety zone and may be 

assisted by other federal, state and local 

agencies and the Coast Guard Auxiliary. 

During the periods of enforcement, no 

vessels may transit into, through, or 

remain within this Coast Guard safety 

zone. Deviation from this safety zone 

may be requested by contacting the 

COTP Ohio Valley or other designated 

representative. Deviations will be 

considered on a case-by-case basis. 

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 temporary final rule establishes 

a safety zone that will be enforced for 

limited time periods following certain 

University of Cincinnati Bearcats 

Football home games. During 

enforcement periods, vessels are 

prohibited from entering into or 

remaining within the safety zone unless 

specifically authorized by the COTP 

Ohio Valley or other designated 

representative. Based on the location, 

limited safety zone size, and short 

duration of each enforcement period, 

this rule does not pose a significant 

regulatory impact. Additionally, notice 

of this safety zone or any changes in the 

planned schedule will be made via 

Broadcast Notices to Mariners, Local 

Notices to Mariners, and/or Marine 

Safety Information Bulletins as 

appropriate. Deviation from this rule 

may be requested from the COTP Ohio 

Valley and will be considered on a caseby-case basis. 

2. 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 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 would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor 

between Ohio River miles 470.4 to 470.8 

from 9:30 p.m. to 11:30 p.m. on 

September 12 & 20; October 4 & 24; 

November 13; and December 6, 2014. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities 

because it is limited in size and will be 

enforced for a limited time period 

following certain scheduled University 

of Cincinnati Bearcats Football home 

games. The Coast Guard will provide 

notice of enforcement and changes in 

the planned schedule through Broadcast 

Notices to Mariners, Local Notices to 

Mariners, and/or Marine Safety 

Information Bulletins as appropriate. 

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). 

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. 


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Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations 65897 

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 involves 

establishment of a temporary safety 

zone to protect persons and property 

from potential hazards associated with 

the scheduled University of Cincinnati 

Bearcats Football Fireworks taking place 

on or over the Ohio River. 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; 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; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary safety zone 

§ 165.T08–0419 is added to read as 

follows: 

§ 165.T08–0419 Safety Zone; University of 

Cincinnati Bearcats Football Fireworks; 

Ohio River, Mile 470.4–470.8, Cincinnati, 

OH. 

(a) Location. The following area is a 

temporary safety zone: All waters of the 

Ohio River, surface to bottom, from mile 

470.4 to mile 470.8 on the Ohio River 

at Cincinnati, Ohio. These markings are 

based on the United States Army Corps 

of Engineers’ Ohio River Navigation 

Charts (Chart 115 June 2010). 

(b) Effective dates and enforcement 

periods. This safety zone is effective 

from September 12, 2014 through 

December 6, 2014, and will be enforced 

from 9:30 p.m. to 11:30 p.m. on the 

following dates: September 12 and 20; 

October 4 and 24; November 13; and 

December 6, 2014. For purposes of 

enforcement, actual notice will be given 

beginning September 12, 2014. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, movement within, 

or departure from this zone is 

prohibited unless authorized by the 

Captain of the Port Ohio Valley or a 

designated representative. 

(2) Persons or vessels requiring entry 

into, departure from, or movement 

within a regulated area must request 

permission from the Captain of the Port 

Ohio Valley or a designated 

representative. They may be contacted 

on VHF–FM Channel 13 or 16, or 

through Coast Guard Sector Ohio Valley 

at 1–800–253–7465. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Ohio Valley and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel includes 

Commissioned, Warrant, and Petty 

Officers of the U.S. Coast Guard. 

(d) Informational broadcasts. The 

COTP Ohio Valley or a designated 

representative will inform the public 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or 

Marine Safety Information Bulletins as 

appropriate of the enforcement period 

for each safety zone as well as any 

changes in the planned and published 

dates and times of enforcement. 

Dated: September 9, 2014. 

R.V. Timme, 

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

Port Ohio Valley. 

[FR Doc. 2014–26427 Filed 11–5–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 22 

[EPA–HQ–OECA–2014–0551; FRL–9914– 

32–OECA] 

RIN 2020–AA50 

Consolidated Rules of Practice 

Governing the Administrative 

Assessment of Civil Penalties, 

Issuance of Compliance or Corrective 

Action Orders, and the Revocation, 

Termination or Suspension of Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule revises 

the scope of the Environmental 


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