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USCG-2023-0700-0001 | 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 57352-57354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18168]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0700]
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. This moving security zone will
encompass all navigable waters within 100 yards of the vessel carrying
high-ranking government officials and their official party. 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.
[[Page 57353]]
DATES: This rule is effective without actual notice from August 23,
2023 through August 27, 2023. For the 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-
2023-0700 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 the 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 public comments and
review the 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 various locations throughout the Lake Tahoe area and will transit
the lake by boat, necessitating a moving security zone. The navigable
waters of Lake Tahoe are 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 moving security zone from August 18 through
27, 2023. The moving security zone will cover all navigable waters of
Lake Tahoe, from surface to bottom, within 100 yards of the vessel
carrying high-ranking government officials and their official party.
This zone will be in effect from 12:01 a.m. on August 18, 2023, until
11:59 p.m. on August 27, 2023, and enforced as necessary during that
period.
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 waterway users will be notified
by on-scene enforcement to ensure the security zone will result in
minimal 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
[[Page 57354]]
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 moving security zone of limited duration in effect 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.T11-138 to read as follows:
Sec. 165.T11-138 Security Zone: Lake Tahoe, Glenbrook, NV.
(a) Location. The following area is a security zone: (1) All waters
within 100 yards of the vessel carrying high ranking government
officials and members of their official party when transiting Lake
Tahoe.
(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, when
necessary, 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. 2023-18168 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.221726 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0700-0001/content.htm"
} |
USCG-2023-0702-0001 | Rule | 2023-10-18T04:00:00 | Special Local Regulation; San Diego Bay, San Diego, CA |
[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Rules and Regulations]
[Pages 71755-71756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22910]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0702]
RIN 1625-AA08
Special Local Regulation; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
the San Diego Sharkfest Swim marine event that will be held on the
navigable waters of San Diego Bay, San Diego, CA. This action is
necessary to provide for the safety of life on these navigable waters
of San Diego Bay during a swim event on October 21, 2023. This rule
would prohibit spectators from anchoring, blocking, loitering or
transiting through the event area unless authorized by the Captain of
the Port San Diego or a designated representative.
DATES: This rule is effective from 9 a.m. to 10 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 was given short notice
from the event sponsor that the date of the event would differ from the
existing annual marine event as outlined in 33 CFR 100.1101, Table 1 to
Sec. 100.1101, Item 7. As such, 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 in time for
the new event dates. This regulation is necessary to ensure the safety
of life on the navigable waters of San Diego Bay 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 immediate action
is needed to ensure the safety of life on the navigable waters of San
Diego Bay 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 (previously 33 U.S.C. 1231). The Captain of the Port Sector San
Diego (COTP) has determined that a large number of swimmers in San
Diego Bay associated with the San Diego Sharkfest Swim marine event on
October 21, 2023, poses a potential safety concern. This rule is needed
to protect persons, vessels, and the marine environment in the
navigable waters within San Diego Bay while the event is occurring.
IV. Discussion of the Rule
This rule establishes a special local regulation from 9 a.m. to 10
a.m. on October 21, 2023. This special local regulation will cover the
navigable waters of San Diego Bay encompassed by a line connecting the
following coordinates beginning at 32[deg]42'14'' N, 117[deg]09'55'' W
(Point A); thence running southerly to 32[deg]41'49'' N,
117[deg]09'57'' W (Point B); thence running south, along the shoreline
to 32[deg]41'19'' N, 117[deg]09'48'' W (Point C); thence running north
easterly to 32[deg]41'23'' N, 117[deg]09'41'' W (Point D); thence
running northerly to 32[deg]42'00'' N, 117[deg]09'38'' (Point E);
thence running northerly, along the shoreline to the beginning point.
The duration of the zone is intended to ensure the safety of vessels,
event participants, and these navigable waters during the scheduled
marine event. No vessel or person would be permitted to enter the
regulated area without obtaining permission from the COTP or a
designated representative. The regulatory text appears at the end of
this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The affected
portion of the San Diego Bay will be of a 1 hour limited duration,
during morning hours when vessel traffic is historically low and is
necessary for safety of life to participants in the event. Moreover,
the Coast Guard would make a post in the Local Notice to Mariners with
details on the regulated area, as well as issue a Safety Marine
Information Broadcast over Channel 22A.
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
[[Page 71756]]
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
regulated area that would limit access to certain areas of San Diego
Bay from 9 a.m. to 10 a.m. 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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security Measure, 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.T11-133 to read as follows:
Sec. 100.T11-133 San Diego Sharkfest Swim, San Diego Bay, California.
(a) Regulated area. The regulations in this section apply to the
following area: all navigable waters of San Diego Bay encompassed by a
line connecting the following points beginning at 32[deg]42'14'' N,
117[deg]09'55'' W (Point A); thence running southerly to 32[deg]41'49''
N, 117[deg]09'57'' W (Point B); thence running south, along the
shoreline to 32[deg]41'19'' N, 117[deg]09'48'' W (Point C); thence
running north easterly to 32[deg]41'23'' N, 117[deg]09'41'' W (Point
D); thence running northerly to 32[deg]42'00'' N, 117[deg]09'38''
(Point E); thence running northerly, along the shoreline to the
beginning point. These coordinates are based on the 1984 World Geodetic
System (WGS 84).
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port 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 participants in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port San Diego or their designated
representative.
(2) Vessels requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 21A or by telephone at 619-278-7033.
(3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners and Safety Marine
Information Broadcasts on Channel 22A.
(d) Enforcement period. This section will be enforced from 9 a.m.
to 10 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. 2023-22910 Filed 10-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.222572 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0702-0001/content.htm"
} |
USCG-2023-0703-0002 | Rule | 2023-09-14T04:00:00 | Safety Zone; San Diego Bay, San Diego, CA |
[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63018-63020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19870]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0703]
RIN 1625-AA00
Safety Zone; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the San Diego Bay. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards during a U.S. Army parachute demonstration. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector San Diego.
DATES: This rule is effective from 10 a.m. to noon on September 18th,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0703 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
[[Page 63019]]
rulemaking, call or email LTJG Shelley Turner, Waterways Management,
U.S. Coast guard Sector San Diego, Coast Guard; 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 it would be impracticable as the
Coast Guard did not receive final details until August 3rd, 2023, and
must establish this safety zone by September 18th, 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 the Coast Guard must establish
this safety zone by September 18th, 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 potential hazards associated with the U.S. Army's parachute
demonstration on September 18th, 2023, will be a safety concern for
anyone within a 100-yard radius of USS MIDWAY. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the demonstration.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. until noon on
September 18, 2023. The safety zone will cover all navigable waters
within 100 yards of the USS MIDWAY. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the parachute demonstration is being
conducted. 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 regulated area. The affected
portion of the San Diego Bay will be of very limited duration and is
necessary for safety of life to participants in the event. Moreover,
the Coast Guard would make a post in the Local Notice to Mariners with
details on the regulated area, as well as issue a Safety Marine
Information Broadcast over Channel 22A.
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
[[Page 63020]]
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 100
yard radius safety zone around the USS MIDWAY lasting 2 hours during
the U.S. ARMY's parachute demonstration. 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.T11-130 to read as follows:
Sec. 165.T11-130 Safety Zone; San Diego Bay, San Diego, California.
(a) Location. The following area is a safety zone: all water
surface to the bottom encompassing a 100-yard radius around USS MIDWAY.
(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 San Diego (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 VHF-FM Channel 21A or by telephone at 619-278-7033.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced from 10 a.m.
to noon on September 18, 2023.
Dated: September 8, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-19870 Filed 9-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.224037 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0703-0002/content.htm"
} |
USCG-2023-0705-0001 | Rule | 2023-08-23T04:00:00 | Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX |
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57356-57358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18124]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0705]
RIN 1625-AA00
Safety Zone; La Quinta and Corpus Christi Shipping Channel,
Ingleside, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary, moving safety
zone for all navigable waters of the La Quinta and Corpus Christi
Shipping Channel between gated pair lights 11 and 12 to the Sea buoy.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the rig NFE PIONEER I
while it is towed offshore from the Kiewit Offshore Services facility.
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.
[[Page 57357]]
DATES: This rule is effective from 6 a.m. to 6 p.m. from August 21,
2023, through August 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0705 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
possibility that a Floating Production Unit being towed by a heavy-lift
vessel could separate from the towing vessel and float off, and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with towing the offshore rig through the La Quinta Channel and Corpus
Christi Shipping Channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Corpus Christi (COTP) has
determined that hazards inherent in the towing of the rig NFE PIONEER
I, which will take place between August 21, 2023 and August 26, 2023,
will be a safety concern for anyone within the La Quinta and Corpus
Christi Shipping Channel between gated pair lights 11 and 12 and the
Sea buoy. The purpose of this rule is to ensure safety of vessels and
persons on these navigable waters in the safety zone while the rig is
being towed.
IV. Discussion of the Rule
This rule is effective from 6 a.m. to 6 p.m. from August 21, 2023,
through August 26, 2023. The transit will begin at the Kiewit Offshore
Services facility, adjacent to the La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. No vessel or person will be permitted
to enter the temporary, moving 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. This safety zone covers a 5
nautical mile area of the La Quinta and Corpus Christi Shipping Channel
near Ingleside, TX. The temporary, moving safety zone will be enforced
for a period of only 12 hours a day, from August 21, 2023 through
August 26, 2023. The rule does not completely restrict the traffic
within a waterway and allows mariners to request permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary moving 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,
[[Page 57358]]
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 moving
safety zone for navigable waters of the La Quinta Channel between gated
pair lights 11 and 12 to the Sea buoy. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the rig NFE PIONEER I while it is towed from Kiewit
Offshore Services. It is categorically excluded from further review
under paragraph L60(c), in Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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.T08-0705 to read as follows:
Sec. 165.T08-0705 Safety Zone; La Quinta and Corpus Christi Shipping
Channel, Ingleside, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the La Quinta Channel between gated pair lights 11 and 12 to
the Sea buoy. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Corpus
Christi (COTP) or a designated representative.
(b) Enforcement period. This section will be enforced from 6 a.m.
to 6 p.m. from August 21, 2023, through August 26, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into this temporary moving safety zone is
prohibited unless authorized by the COTP or a designated
representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz)
or by telephone at 361-939-0450.
(2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.
M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus
Christi.
[FR Doc. 2023-18124 Filed 8-21-23; 4:15 pm]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.225074 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0705-0001/content.htm"
} |
USCG-2023-0706-0001 | Rule | 2023-08-31T04:00:00 | Safety Zone; Upper Mississippi River MM 476, Davenport, IA |
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60146-60147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18926]
[[Page 60146]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0706]
RIN 1625-AA00
Safety Zone; Upper Mississippi River MM 476, Davenport, 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)
476.6. The safety zone is needed to protect personnel, vessels, and the
marine environment from all potential hazards associated with the power
line crossing project. 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 August 31,
2023 through September 11, 2023. For the purposes of enforcement,
actual notice will be used from August 28, 2023 until 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-
2023-0706 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 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 potential hazards created by the
power line crossing over the Upper Mississippi 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 by August
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. 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 power line
crossing starting August 28, 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 (COTP) has
determined that potential hazards associated with the power line
crossing starting August 28, 2023, will be a safety concern for anyone
operating or transiting within the Upper Mississippi River from MM 476-
477. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
power line crossing is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone during an power line crossing
project over the Upper Mississippi River on August 28, 2023 through
September 11, 2023. The safety zone will cover all navigable waters
from MM 476-477. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the power line crosses the Upper Mississippi River. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from 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 as conditions improve,
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 MM 476-477 near Davenport, IA.
The safety zone will be active only while work associated with the
power line crossing is being conducted, from August 28, 2023, until
September 11, 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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
[[Page 60147]]
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 from
MM 476 to MM 477. 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.T08-0706 to read as follows:
Sec. 165.T08-0706 Safety Zone; Upper Mississippi River, Mile Markers
476-477, Davenport, IA.
(a) Location. The following area is a safety zone: all navigable
waters within the Upper Mississippi River, Mile Markers (MM) 476-477.
(b) Enforcement period. This section is subject to enforcement from
August 28, 2023 through September 11, 2023.
(c) Regulations. (1) In accordance with the general safety zone
regulations in Sec. 165.23, entry of persons or vessels into the
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
as ice or flood conditions improve, through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety Marine
Information Broadcast (SMIB) as appropriate.
Dated: August 28, 2023.
D.J. Every,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper
Mississippi River.
[FR Doc. 2023-18926 Filed 8-29-23; 11:15 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.226197 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0706-0001/content.htm"
} |
USCG-2023-0707-0001 | Rule | 2023-08-25T04:00:00 | Safety Zone; Ohio River, Mile Markers 322.5 to 323, Ashland, KY |
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58110-58112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18374]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0707]
RIN 1625-AA00
Safety Zone; Ohio River, Mile Markers 322.5 to 323, Ashland, KY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for a
fireworks display occurring on September 12, 2023, on the Ohio River,
Ashland, KY. The safety zone will cover all navigable waters between
mile marker 322.5 and 323 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 7:30 p.m. through 8:15 p.m. on
September 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0707 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
[[Page 58111]]
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 that is being launched from two barges in the Ohio River. It is
impracticable to publish an NPRM because we must establish this safety
zone by September 12, 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 12, 2023, in
order to protect personnel, vessels, and the marine environment from
the potential safety hazards associated with a fireworks display that
is being launched from two barges in the Ohio River.
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 a fireworks display on September 12,
2023, present a safety concern. The purpose of this rulemaking is to
ensure the safety of the public surrounding the 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 7:30
p.m. until 8:15 p.m. on September 12, 2023. The safety zone will cover
all navigable waters between mile markers 322.5 to 323 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 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 322.5 to 323 on September 12, 2023,
and will be enforced only for a forty-five-minute 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 Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes,
[[Page 58112]]
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 forty-five minutes on
the Ohio River at mile 322.5 to 323 on September 12, 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.T08-0707 to read as follows:
Sec. 165.T08-0707 Safety Zone; Ohio River, Mile Markers 322.5 to 323,
Ashland, 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 1-606-923-4884. 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 7:30
p.m. to 8:15 p.m. on September 12, 2023.
Dated: August 17, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-18374 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.227638 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0707-0001/content.htm"
} |
USCG-2023-0709-0001 | Rule | 2023-09-12T04:00:00 | Safety Zone; Atlantic Ocean, Tybee Island, GA |
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62461-62463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19559]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0709]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Tybee Island, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Savannah River during the Air National Guard F-
22A Raptor aircraft demonstration event. The safety zone is necessary
to ensure the safety of persons, vessels, and the marine environment
during the event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Savannah or a designated representative.
DATES: This rule is effective from 10 a.m. through 1 p.m. on 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-
2023-0709 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 Junior Grade Anthony Harris, Shoreside
Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; telephone
912-652-4353, 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 August 22, 2023, and the event is scheduled
to take place on September 13, 2023. The event would begin before the
rulemaking process would be completed. Because of the dangers posed by
the aerial demonstration of the Air National Guard's F-22A Raptor
aircraft, a safety zone is necessary without delay to ensure the safety
of persons, vessels, and the marine
[[Page 62462]]
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 aerial
demonstration of the F-22A Raptor aircraft.
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 it is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by the aerial demonstration of the F-22A Raptor aircraft.
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) Savannah has determined that
potential hazards associated with the Air National Guard's aerial
demonstration of the F-22A Raptor aircraft will be a safety concern for
anyone located within Tybee Island and certain waters of the navigable
waters of the Savannah River. This rule is necessary to ensure the
safety of persons, vessels, and the marine environment during the Air
National Guard's F-22A Raptor demonstration event.
IV. Discussion of the Rule
This rule establishes a safety zone on on certain navigable waters
located within the line connecting points beginning at
31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to 31[deg]58'56.66''
N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73'' N,
080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N, 080[deg]50'31.52''
W, and back to the beginning point, during the Air National Guard's
aerial demonstration of the F-22A Raptor aircraft. The safety zone will
be enforced from 10:00 a.m. to 1:00 p.m. on September 13, 2023. 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 the Atlantic Ocean during an aerial
demonstration lasting three 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 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
[[Page 62463]]
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 Atlantic Ocean located within the line
connecting points beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74''
W, thence to 31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to
31[deg]59'5.73'' N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64''
N, 080[deg]50'31.52'' W, and back to the beginning point, during Air
National Guard's aerial demonstration of the F-22A Raptor aircraft
lasting three hours. 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.T07-0709 to read as follows:
Sec. 165.T07-0709 Safety Zone; Atlantic Ocean, Tybee Island, GA.
(a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean, located within the line connecting points
beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to
31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73''
N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N,
080[deg]50'31.52'' W, and back to the beginning point. All coordinates
are World Geodetic System 1984 (WGS 84).
(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) 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 or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP by telephone at
912-247-0073, or a designated representative via VHF 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 10 a.m.
to 1 p.m. on September 13, 2023.
Dated: September 1, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-19559 Filed 9-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.229489 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0709-0001/content.htm"
} |
USCG-2023-0711-0001 | Rule | 2023-08-30T04:00:00 | Special Local Regulation; St. Petersburg P–1 Grand Prix; Waters of Tampa Bay |
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59796-59797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18698]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0711]
Special Local Regulation; St. Petersburg P-1 Grand Prix; Waters
of Tampa Bay
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the St. Petersburg P-1 Powerboat Grand Prix from September 2 through 3,
2023, to provide for the safety of life on navigable waterways during
this event. Our regulation for marine events within the Seventh
district identifies the regulated area for this event in St.
Petersburg, FL. During the enforcement period, no person or vessel may
enter, transit through, anchor in, or remain within the designated area
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
DATES: The regulations in 33 CFR 100.703, Table 1 to Sec. 100.703,
Item 5 will be enforced daily from 8 a.m. until 6 p.m., on September 2,
2023 through September 3, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
First Class Mara Brown, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703, Table 1 to Sec. 100.703, Item No.
5, for the St. Petersburg P-1 Powerboat Grand Prix regulated area from
September 2, 2023 through September 3, 2023. This action is being taken
to provide for the safety of life on navigable waterways during this
event. Our regulation for recurring marine events, Sector St.
Petersburg, Sec. 100.703, Table 1 Sec. 100.703, Item No. 5, Specifies
the location of the regulated area for the St. Petersburg Powerboat
Grand Prix which encompasses portions Tampa Bay in the vicinity of the
St. Petersburg Pier, in St. Peterburg, FL. During enforcement periods,
as reflected in Sec. 100.703, if you are the operator of a vessel in
the regulated area you must comply with direction from the Patrol
Commander or any designated representative.
[[Page 59797]]
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, marine information broadcasts,
or both.
Dated: August 22, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2023-18698 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.231011 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0711-0001/content.htm"
} |
USCG-2023-0712-0001 | Rule | 2023-09-21T04:00:00 | Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5, Allegheny County, PA |
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65132-65134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20396]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0712]
RIN 1625-AA00
Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5,
Allegheny County, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Allegheny River on September 22, 2023, at mile marker
15.5 to 16.5 from 7:30 through 9 a.m. This action is necessary to
provide for the safety of life on these navigable waters during an on-
land demolition. This rulemaking prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Pittsburgh or a designated representative.
DATES: This rule is effective from 7:30 through 9 a.m. on September 22,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0712 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 September
22, 2023, to provide for the safety of life on the navigable waters
during a demolition, 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 demolition. Vessels or
people inside the safety zone have to potential of getting hit with
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 impractical and contrary to the public interest
because this action is necessary to ensure the safety of vessels and
persons during the demolition event on September 22, 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 Pittsburgh (COTP) has determined that
potential hazards associated with the land-based demolition on
September 22, 2023, will be a safety concern for anyone on the
Allegheny River at mile marker 15.5 to 16.5. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the temporary safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 until 9 a.m. on
September 22, 2023. The safety zone will cover all navigable waters on
Allegheny River, within mile marker 15.5 to 16.5. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during a land-based demolition.
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 Coast Guard 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. 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 Broadcast Notices
to Mariners or Marine Safety Information Bulletins, 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 temporary safety zone. This safety zone
only impacts a 1-mile
[[Page 65133]]
stretch of the Allegheny River for one and a half hours on September
22, 2023. Moreover, the Coast Guard will issue LNMs, MSIBs, and/or BNMs
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.
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 only impacts 1-mile stretch of the Allegheny River for
one and a half hours on September 22, 2023, on the Allegheny River. It
is categorically excluded from further review under paragraph L60(A) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
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--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 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.T08-0712 to read as follows:
Sec. 165.T08-0712 Safety Zone; Allegheny River, Mile Markers 15.5 to
16.5, Allegheny County, PA.
(a) Safety zone. The following area is a safety zone: All waters of
the Allegheny River, from surface to bottom, between mile markers 15.5
to 16.5.
(b) Definitions. As used in this section, Designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Pittsburgh (COTP) in the enforcement of the
regulations in this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you 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 their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced
[[Page 65134]]
notice via broadcast notice to mariners and by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from 7:30 to
9 a.m. on September 22, 2023.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2023-20396 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.232371 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0712-0001/content.htm"
} |
USCG-2023-0713-0001 | Rule | 2023-08-31T04:00:00 | Special Local Regulation; 35th Annual Glass City Regatta ‘‘Formerly Known as Frogtown Race Regatta’’ |
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Page 60145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18805]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0713]
Special Local Regulation; 35th Annual Glass City Regatta
``Formerly Known as Frogtown Race Regatta''
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the 35th Annual Glass City Regatta ``Formerly known as Frogtown Race
Regatta'' on September 23, 2023. This special local regulation is
necessary to safely control vessel movement in the vicinity of the race
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 (PATCOM).
DATES: The regulation in 33 CFR 100.911 will be enforced from 7 a.m.
through 5 p.m. on September 23, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST1 Luke Harp, Marine
Safety Unit Toledo, U.S. Coast Guard; telephone 419-418-6040, email
[email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a special local
regulation found in 33 CFR 100.911 for the 35th Annual Glass City
Regatta ``Formerly known as Frogtown Race Regatta'' from 7 a.m. through
5 p.m. on September 23, 2023. This notice of enforcement is necessary
to safely control vessel movement in the vicinity of the race and
provide for the safety of the general boating public and commercial
shipping. This notice of enforcement applies to all U.S. navigable
waters of the Maumee River from the I-280 Bridge south to the I-75
bridge.
To ensure the safety of the spectators and participating vessels,
the Coast Guard will patrol the race area under the direction of a
designated Coast Guard Patrol Commander (PATCOM). Vessel desiring to
transit the regulated area may do so only with prior approval of the
PATCOM and when so directed by that officer. The PATCOM may be
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard
Patrol Commander.'' Vessels permitted to transit the regulated area
will operate at no wake speed and in a manner which will not endanger
participants in the event or any other craft. The rules contained above
shall not apply to participants in the event or vessels of the patrol
operating in the performance of their assigned duties.
This notice of enforcement is issued under the authority of 33 CFR
100.911 and 5 U.S.C. 552(a). If the District Commander, Captain of the
Port or PATCOM determines that the regulated area need not be enforced
for the full duration stated in this notice, he or she may use a
Broadcast Notice to Mariners to grant general permission to enter the
regulated area.
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18805 Filed 8-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.234654 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0713-0001/content.htm"
} |
USCG-2023-0717-0001 | Rule | 2023-08-30T04:00:00 | Special Local Regulation; Find Your Way Home Swim; Detroit River, Grosse Ile, MI |
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59797-59799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18713]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0717]
RIN 1625-AA08
Special Local Regulation; Find Your Way Home Swim; Detroit River,
Grosse Ile, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Grosse Ile, MI. This action is
necessary to protect safety of life on navigable waters immediately
prior to, during, and after the Find Your Way Home Swim. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Detroit or a designated
representative.
DATES: This temporary final rule is effective from 5 a.m. through 3:30
p.m. on September 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2023-0717 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone (313) 568-9564, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this swim event until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this 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 inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041(a). The Captain of the Port Detroit (COTP) has determined that
the likely combination of recreation vessels, commercial vessels, and
an unknown number of spectators in close proximity to the swim along
the water poses extra and unusual hazards to public safety and
property. Therefore, the COTP is establishing a special local
regulation around the event location to help minimize risks to safety
of life and property during this event.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 5
a.m. through 3:30 p.m. on September 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 waters of the Detroit River encompassed within the
following six points: from 42[deg]05.376' N, 083[deg]09.027' W; a line
drawn south to point 42[deg]02.459' N, 083[deg]08.989' W; a line drawn
south east to point 42[deg]00.039' N, 083[deg]08.417' W; a line drawn
west to point 42[deg]00.024' N, 083[deg]08.501' W; a line drawn north
west to point 42[deg]02.43' N, 083[deg]09.308' W; a line drawn north to
point 42[deg]05.374' N, 083[deg]09.085' W.
An on-scene representative of the COTP may permit vessels to
transit the area when no swim activity is occurring. The on-scene
representative may be present on any Coast Guard, state, or local law
enforcement vessel assigned to patrol the event. Vessel operators
desiring to transit through the regulated area must contact the Coast
Guard Patrol Commander to obtain permission to do so. The COTP or his
designated on-scene representative may be contacted via VHF Channel 16
or via telephone at (313) 568-9560.
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 and Local 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), 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, duration, and time-of-year of the special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 5 a.m. through 3:30 p.m. on September 23, 2023.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the special local
[[Page 59798]]
regulation 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
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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 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 almost eleven hours that will prohibit
entry into a designated area. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T09-0717 to read as follows:
Sec. 100.T09-0717 Special Local Regulation; Find Your Way Home Swim;
Detroit River; Grosse Ile, MI.
(a) Location. A regulated area is established to encompass the
following waterway: all waters of the Detroit River encompassed within
the following six points: from 42[deg]05.376' N, 083[deg]09.027' W; a
line drawn south to point 42[deg]02.459' N, 083[deg]08.989' W; a line
drawn south east to point 42[deg]00.039' N, 083[deg]08.417' W; a line
drawn west to point 42[deg]00.024' N, 083[deg]08.501' W; a line drawn
north west to point 42[deg]02.43' N, 083[deg]09.308' W; a line drawn
north to point 42[deg]05.374' N, 083[deg]09.085' W.
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 5 a.m. through 3:30 p.m. on
September 23, 2023.
(c) Special local regulations.
(1) Vessels transiting through the regulated area are to maintain
the minimum speeds for safe navigation.
(2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or via telephone at (313) 568-9560.
Vessel operators given permission to operate within the regulated area
must comply with all directions given to them by the COTP or his 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 or assisting the Captain
of the Port Detroit to act on his behalf.
[[Page 59799]]
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18713 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.235842 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0717-0001/content.htm"
} |
USCG-2023-0735-0001 | Rule | 2023-10-13T04:00:00 | Safety Zone; Atlantic Ocean, Jacksonville Beach, FL |
[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70889-70891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22701]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0735]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Jacksonville Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waterways surrounding Jacksonville, Florida during the 2023
Jacksonville Beach Sea and Sky Air Show. 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) Jacksonville or a
designated representative.
DATES: This rule is effective from 7 a.m. until 5 p.m. on October 20,
2023, through October 22, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0735 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, Sector Jacksonville, FL, 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 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
was notified of the event without ample time for the NPRM process. We
must establish the safety zone by October 20, 2023, and lack sufficient
time to provide for a reasonable comment period and then consider those
comments before issuing this 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 ensure the safety of the participants and vessels
during the 2023 Jacksonville Beach Sea and Sky Air Show.
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 2023 Jacksonville
Beach Sea and Sky Air Show 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
2023 Jacksonville Beach Sea and Sky Air Show.
IV. Discussion of the Rule
This rule establishes a safety zone on certain waters of
Jacksonville, Florida, during the 2023 Jacksonville Beach Sea
[[Page 70890]]
and Sky Air Show. The safety zone will be enforced from 7 a.m. until 5
p.m. on October 20, 2023, through October 22, 2023. The safety zone
will cover waters within the points starting at 30[deg]18'00'' N,
081[deg]23'06'' W, then proceeding to the East to point 30[deg]17'54''
N, 081[deg]21'54'' W, then to the Southeast to point 30[deg]16'12'' N,
081[deg]21'34'' W, then to the Southwest to point 30[deg]16'06'' N,
081[deg]22'43'' W, then proceeding to the first point.
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 following reasons:
(1) the temporary safety zone will only be enforced for a total of 10
hours per day, for 3 consecutive days; (2) although persons and vessels
may not enter, transit through, anchor in, or remain within the safety
zone without authorization from the COTP or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the areas during the enforcement
period if authorized by the COTP or a designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
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 1.7
nautical mile perimeter safety zone, lasting the duration of the marine
event and thus limited in time and scope. This zone will prohibit entry
while in effect. 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
[[Page 70891]]
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 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.T07-0735 to read as follows:
Sec. 165.T07-0735 2023 Jacksonville Beach Sea and Sky Airshow.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean off the coast of Jacksonville Beach, from surface to
bottom, that are within the 1.7 nautical mile perimeter that begins at
30[deg]18'00'' N, 081[deg]23'06'' W, then proceeding to the East to
point 30[deg]17'54'' N, 081[deg]21'54'' W, then to the Southeast to
point 30[deg]16'12'' N, 081[deg]21'34'' W, then to the Southwest to
point 30[deg]16'06'' N, 081[deg]22'43'' W, then proceeding to the first
point.
(b) Definitions. 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 Jacksonville (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 Jacksonville 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
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.
(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 7 a.m.
until 5 p.m. on October 20, 2023, through October 22, 2023.
Dated: October 6, 2023.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-22701 Filed 10-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.238406 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0735-0001/content.htm"
} |
USCG-2023-0741-0001 | Rule | 2023-09-22T04:00:00 | Safety Zone; Southern Command Dive Operation, Gulf of Mexico, Key West, FL |
[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65323-65325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20461]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0741]
RIN 1625-AA00
Safety Zone; Southern Command Dive Operation, Gulf of Mexico, 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 Southern Command's
(SOCOM) Dive operation. The safety zone is necessary to ensure the
safety of event participants. 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 6 a.m. until 9 p.m. on September 26
and September 27, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0741 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,
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 U.S. Army operations department within the time
required to publish an NPRM. 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, 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 because the event is taking place
September 26 and 27, 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 dive operation 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 Southern Command's Dive operation.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
Key West, Florida, during the SOCOM's Dive operation. The safety zone
will be enforced from 6 a.m. to 9 p.m. on September 26 and 27, 2023.
The safety zone will cover all waters within the following coordinates:
Latitude 24[deg]35.724' N, longitude 081[deg]47.561' W, thence east to
latitude 24[deg]35.960' N, longitude 081[deg]46.811' W, thence south to
latitude 24[deg]34.802' N, longitude 081[deg]47.376' W, thence west to
latitude 24[deg]34.952' N, longitude 081[deg]46.858' W, located within
the county of Monroe, FL.
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
[[Page 65324]]
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 following reasons:
(1) the temporary safety zone will only be enforced for a total of 15
hours per day; (2) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
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 Gulf of Mexico around Key West, Florida, for
only 10 hours per day and thus is limited in time and scope. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 65325]]
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.T07-0741 to read as follows:
Sec. 165.T07-0741 Safety Zone; Southern Command Dive Operation, Gulf
of Mexico, Key West, FL.
(a) Location. The following area is a safety zone: All navigable
waters within the following coordinates: Latitude 24[deg]35.724' N,
longitude 081[deg]47.561' W, thence east to latitude 24[deg]35.960' N,
longitude 081[deg]46.811' W, thence south to latitude 24[deg]34.823' N,
longitude 081[deg]47.376' W, thence west to latitude 24[deg]34.952' N,
longitude 081[deg]46.858' W, located within the county of Monroe, FL.
These coordinates are based on North American Datum.
(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 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 6 a.m.
until 9 p.m. on September 26 and 27, 2023.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-20461 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.240436 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0741-0001/content.htm"
} |
USCG-2023-0743-0001 | Rule | 2023-08-29T04:00:00 | Safety Zone: Lahaina Boat Basin, Maui, HI––Emergency Operations and Port Recovery |
[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59453-59455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18697]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0743]
RIN 1625-AA00
Safety Zone; Lahaina Boat Basin, Maui, HI--Emergency Operations
and Port Recovery
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters in the vicinity of Lahaina Boat Basin, Maui,
Hawaii. The temporary safety zone encompasses all waters extending 200
yards from shore starting from the potential safety hazards associated
with the damage assessment, debris management, vessel salvage and port
recovery of Lahaina Boat Basin and surrounding waters, through
September 27, 2023. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Honolulu or designated representative.
DATES: This rule is effective without actual notice from August 29,
2023, through September 27, 2023. For the purposes of enforcement,
actual notice will be used from August 24, 2023, until 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-
2021-0742 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) 541-4359 or
[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
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 rulemaking creating a
temporary 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 (88 FR 55373, August 15, 2023). The safety
zone was effective through August 23, 2023. A copy of the rulemaking
that ended on August 23, 2023, is available in Docket USCG-2023-0669,
which can be found using instructions in the ADDRESSES section.
However, additional time is needed to continue to provide protection
against hazards in the area due to emergency response and port recovery
operations. The safety zone encompasses all waters extending 200 yards
from shore starting from the northernmost boundary at Wahikuli Wayside
Park, Maui, thenceforth to the southernmost boundary at Launiupoko
Beach Park, Maui.
[[Page 59454]]
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)
because it would be impracticable and contrary to the public interest.
The Coast Guard was unable to publish an NPRM and hold a reasonable
comment period for this rulemaking due to the emergent nature of the
continuing damage assessment and salvage operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action to restrict
vessel traffic within the safety zone is needed to protect life,
property and the environment, therefore a 30-day notice period is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of providing immediate protection to
on-scene emergency personal, creating a working buffer necessary to
mitigate any safety and potential pollution threats caused by the
wildfires and establishing immediate maritime safety in the vicinity of
on-scene damage assessments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. On 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 in effect from August 24, 2023, through September 27,
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 September 27, 2023, the Coast Guard
will provide notice via a broadcast notice to mariners. The temporary
safety zone encompasses all waters extending 200 yards from shore
starting from the northernmost boundary at Wahikuli Wayside Park, Maui,
thenceforth to the southernmost boundary at Launiupoko Beach Park,
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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and limited duration of the safety zone. This zone impacts a
small, designated area of the Lahaina Harbor and surrounding waters and
operations may suspend early at the discretion of the Captain of the
Port, Sector Honolulu.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes,
[[Page 59455]]
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 that will prohibit entry within certain navigable
waters of Lahaina Boat Basin. It is categorically excluded from further
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T14-0743 to read as follows:
Sec. 165.T14-0743 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
extending 200 yards from shore starting from the northernmost boundary
at Wahikuli Wayside Park, Maui, thenceforth to the southernmost
boundary at Launiupoko Beach Park, Maui.
(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 Honolulu (COTP) in the enforcement of the
safety zone.
(c) Regulations. 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 VHF/FM Chanel 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced August 24,
2023, through September 27, 2023, unless an earlier end is announced by
broadcast notice to mariners.
Dated: August 24, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-18697 Filed 8-25-23; 4:15 pm]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.242071 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0743-0001/content.htm"
} |
USCG-2023-0743-0002 | Rule | 2023-12-08T05:00:00 | Safety Zone; Lahaina Boat Basin, Maui, HI—Emergency Operations and Port Recovery |
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85500-85502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26808]
[[Page 85500]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0743]
RIN 1625-AA00
Safety Zone; Lahaina Boat Basin, Maui, HI--Emergency Operations
and Port Recovery
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters in the vicinity of Lahaina Boat Basin, Maui,
Hawaii. The temporary safety zone encompasses all waters extending 200
yards from shore from the northernmost boundary, 60 yards south of the
intersection of Front Street and Baker Street, Maui, to the
southernmost boundary, 20 yards south of the intersection of Front
Street and Shaw Street, Maui. This action is necessary to provide for
the safety of persons and the marine environment from the potential
safety hazards associated with the damage assessment, debris
management, vessel salvage, and port recovery of Lahaina Boat Basin and
surrounding waters, through December 15, 2023. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Honolulu or designated representative.
DATES: This rule is effective without actual notice from December 8,
2023 through December 15, 2023. For the purposes of enforcement, actual
notice will be used from December 01, 2023, until December 8, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0743 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) 541-4359 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Honolulu
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 8, 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
establishing 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 safety zone was effective through
August 23, 2023. A copy of the rulemaking that ended on August 23,
2023, is available in Docket USCG-2023-0669, which can be found using
instructions in the ADDRESSES section.
On September 22, 2023, the Coast Guard issued a rulemaking creating
a temporary safety zone that encompassed all waters extending 200 yards
from shore from the northernmost point, 100 yards south of the
intersection of Kaniau Road and Honoapiilani Highway (Highway 30),
Maui, thenceforth to the southernmost boundary at the southern end of
Launiupoko Beach Park, Maui, with an effective end date of December 5,
2023. A copy of the rulemaking ending on December 5, 2023 is available
in the Docket USCG-2023-0743, which can be found using instructions in
the ADDRESSES section. However, additional time is needed to continue
to provide protection against hazards in the area due to emergency
response and port recovery operations. As a result, the Coast Guard is
establishing through temporary regulations a safety zone that will be
in effect through December 15, 2023. The safety zone encompasses all
waters extending 200 yards from shore from the northernmost boundary,
60 yards south of the intersection of Front Street and Baker Street,
Maui, to the southernmost boundary, 20 yards south of the intersection
of Front Street and Shaw Street, Maui.
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)
because it would be impracticable and contrary to the public interest.
The Coast Guard was unable to publish an NPRM and hold a reasonable
comment period for this rulemaking due to the emergent nature of the
continuing damage assessment and salvage operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action to restrict
vessel traffic within the safety zone is needed to protect life,
property, and the environment, therefore a 30-day notice period is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of providing immediate protection to
on-scene emergency personal, creating a working buffer necessary to
mitigate any safety and potential pollution threats caused by the
wildfires and establishing immediate maritime safety in the vicinity of
on-scene damage assessments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Coast Guard Captain of the Port Sector Honolulu (COTP) 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 establishes a temporary safety zone that will be enforced
from December 01, 2023, through December 15, 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 December 15, 2023, the Coast Guard will provide notice via a
broadcast notice to mariners. The temporary safety zone encompasses all
waters extending 200 yards from shore from the northernmost
[[Page 85501]]
boundary, 60 yards south of the intersection of Front Street and Baker
Street, Maui, to the southernmost boundary, 20 yards south of the
intersection of Front Street and Shaw Street, 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 her 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 limited duration of the safety zone. This zone impacts a
small, designated area of the Lahaina Harbor and surrounding waters and
operations may suspend early at the discretion of the COTP.
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 entry within certain navigable waters of
Lahaina Boat Basin. It is categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T14-0743 to read as follows:
[[Page 85502]]
Sec. 165.T14-0743 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
extending 200 yards from shore from the northernmost boundary, 60 yards
south of the intersection of Front Street and Baker Street, Maui, to
the southernmost boundary, 20 yards south of the intersection of Front
Street and Shaw Street, Maui.
(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 Honolulu (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 VHF/FM Chanel 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced December 1,
2023, through December 15, 2023, unless an earlier end is announced by
broadcast notice to mariners.
Dated: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-26808 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.244341 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0743-0002/content.htm"
} |
USCG-2023-0749-0002 | Proposed Rule | 2023-12-28T05:00:00 | Establish Anchorage Ground; Port Westward Anchorage, Columbia River, Oregon and Washington |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89644-89646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28652]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[USCG-2023-0749]
RIN 1625-AA01
Establish Anchorage Ground; Port Westward 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 Port Westward, 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-
2023-0749 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 Port Westward
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 would 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 Port Westward, 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
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 deeper drafts 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 Port
[[Page 89645]]
Westward anchorage ground would double the anchorage capacity in
Longview, WA, 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 0.336 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 mall 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, Port Westward 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, 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
[[Page 89646]]
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-2023-0749 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)(14) to subpart B to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(14) Port Westward Anchorage. All waters in the vicinity of Port
Westward, Oregon, bound by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
46[deg]10'16.80''................................... 123[deg]12'58.80''
46[deg]10'48.60''................................... 123[deg]11'25.20''
46[deg]10'43.20''................................... 123[deg]11'21.60''
46[deg]09'59.40''................................... 123[deg]12'46.80''
------------------------------------------------------------------------
Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2023-28652 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.246084 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0749-0002/content.htm"
} |
USCG-2023-0750-0002 | Proposed Rule | 2023-12-28T05:00:00 | Establish Anchorage Ground; Crims Island Anchorage, Columbia River, Oregon and Washington |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89648-89650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28654]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[USCG-2023-0750]
RIN 1625-AA01
Establish Anchorage Ground; Crims 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 Crims 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-
2023-0750 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 Crims 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
[[Page 89649]]
the Lower Columbia River that would 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 Crims 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
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 deeper drafts 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 Crims Island anchorage
ground would double the anchorage capacity in Longview, WA, 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 0.633 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
[[Page 89650]]
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, Crims 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, 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-2023-0750 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)(13) to subpart B to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(13) Crims Island Anchorage. All waters in the vicinity of Crims
Island, Oregon, bound by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
46[deg]10'48.00''................................... 123[deg]06'41.40''
46[deg]09'37.20''................................... 123[deg]04'31.20''
46[deg]09'24.60''................................... 123[deg]03'43.20''
46[deg]09'19.20''................................... 123[deg]03'46.20''
46[deg]09'31.80''................................... 123[deg]04'35.40''
46[deg]10'32.40''................................... 123[deg]06'59.40''
------------------------------------------------------------------------
Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2023-28654 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.249856 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0750-0002/content.htm"
} |
USCG-2023-0758-0001 | Rule | 2023-09-08T04:00:00 | Safety Zones in Reentry Sites; Jacksonville, Florida |
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Rules and Regulations]
[Pages 61963-61964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19392]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0758]
Safety Zones in Reentry Sites; Jacksonville, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is activating three safety zones for the
National Aeronautics and Space Administration (NASA) Commercial Crew
Program 6 (Crew-6) 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 Savannah 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 Junior Grade
Anthony Harris, Marine Safety Unit Savannah, Waterways Division, U.S.
Coast Guard; telephone 912-210-8714, email at
[email protected].
SUPPLEMENTARY INFORMATION: With this document, the Coast Guard Captain
of the Port (COTP) Savannah 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 September 4, 2023 through September 11, 2023, for
the National Aeronautics and Space Administration (NASA) Commercial
Crew Program 6 (Crew-6) mission reentry vehicle splashdown, and the
associated recovery operations in the U.S. EEZ. These safety zones are
located within the COTP Savannah Area of Responsibility (AOR) offshore
of
[[Page 61964]]
Jacksonville, 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 Savannah 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 four other safety zones listed in Sec. 165.T07-
0806(a)(2) through (a)(5), which are located within the COTP St.
Petersburg and Jacksonville AORs, that are being simultaneously
activated through separate notifications of enforcement of the
regulation document issued under Docket Numbers USCG-2023-0719, and
USCG-2023-0757.\1\
---------------------------------------------------------------------------
\1\ These notifications of enforcement of the regulation can be
found at: https://regulations.gov by searching for docket number
USCG-2023-0719, and USCG-2023-0757.
---------------------------------------------------------------------------
Twenty-four hours prior to the Crew-6 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 Crew-6 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 Crew-6 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: September 1, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-19392 Filed 9-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.251485 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0758-0001/content.htm"
} |
USCG-2023-0761-0001 | Rule | 2023-10-17T04:00:00 | Safety Zone; Mission Bay, San Diego, CA |
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71485-71487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22883]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0761]
RIN 1625-AA00
Safety Zone; Mission Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Mission Bay at the Quivira Basin Entrance near San
Diego, California. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the California Department of Fish and Wildlife (CDFW) Office of Spill
Prevention and Response (OSPR) Sensitive Site Strategy Evaluation
Program (SSSEP) boom deployment exercise. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector San Diego.
DATES: This rule is effective from 9:30 a.m. to 11:30 a.m. on October
25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0761 in the search box and click
[[Page 71486]]
``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 LTJG Shelley Turner, Waterways Management, U.S. Coast
Guard; 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 publishing an NPRM would be
impracticable and contrary to the public interest due to the
requirement for a boom deployment exercise on October 25, 2023, and the
safety concern for anyone within a 100-yard radius of the boom
deployment exercise. It is impracticable to publish an NPRM because we
must establish this safety zone by October 25, 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 boom
deployment exercise scheduled on October 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 Sector San Diego (COTP) has determined
that potential hazards associated with a boom deployment exercise on
October 25, 2023, will be a safety concern for anyone within a 100-yard
of the exercise. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the boom is deployed, and the exercise is in progress.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 a.m. until 11:30 a.m.
on October 25, 2023. The safety zone will cover all navigable waters
within 100 yards of boom, vessels and equipment being used by personnel
to conduct the boom deployment exercise. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the exercise is in progress. 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 safety zone
being of a limited two-hour duration, limited to a relatively small
geographic area, and the presence of safety hazards in the area
encompassing the Quivira Basin Entrance.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes,
[[Page 71487]]
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 two hours that will prohibit entry within 100 yards
of boom, vessels and equipment being used by personnel to conduct a
boom deployment exercise. 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 is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-132 to read as follows:
Sec. 165.T11-132 Safety Zone; Mission Bay, San Diego, CA.
(a) Location. The following area is a safety zone: All waters from
surface to bottom encompassing a 100-yard radius surrounding the
Sensitive Site Strategy Evaluation Program (SSSEP) boom deployment
exercise, located at the entrance to Quivira Basin inlet in Mission
Bay, CA.
(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 San Diego (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 VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) 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
the safety zone.
(d) Enforcement period. This section will be enforced from 9:30
a.m. to 11:30 a.m. on October 25, 2023.
Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-22883 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.253339 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0761-0001/content.htm"
} |
USCG-2023-0765-0001 | Rule | 2023-09-28T04:00:00 | Safety Zone; Lake Erie, Buffalo, NY |
[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66686-66687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21194]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0765]
RIN 1625-AA00
Safety Zone; Lake Erie, Buffalo, NY
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 42 52'07.96'' N 78
53'00.87'' W. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by fallout
from a fireworks display. 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 7:30 p.m. through 9:30 p.m. on
October 6, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0765 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
potential hazards associated with a fireworks display starting October
6, 2023 at 7:30 p.m., will be a safety concern for anyone within a 350-
foot radius of the launch site at 42 52'07.96'' N 78 53'00.87'' W. 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 active.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 p.m. until 9:30 p.m.
on October 6, 2023. The safety zone will cover all navigable waters
within 350 feet of the launch site at 42 52'07.96'' N 78 53'00.87'' W.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters from potential
hazards, while the fireworks display is active. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP Buffalo 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. The safety zone
will encompass a 350-foot radius of the fireworks launch site at 42
52'07.96'' N 78 53'00.87'' W 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
[[Page 66687]]
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 2 hours that will prohibit entry within 350 feet of
the fireworks launch site at 42 52' 07.96'' N 78 53' 00.87'' 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 record
keepingrequirements, 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.T09-0765 to read as follows:
Sec. 165.T09-0765 Safety Zone; Lake Erie, Buffalo, NY.
(a) Location. The following area is a safety zone: All waters of
Lake Erie, from surface to bottom, encompassed by 350-foot radius
around 42 52'07.96'' N 78 53'00.87'' 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 (COTP) Buffalo 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. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo, or their
designated representative.
(d) Enforcement period. The regulated area described in paragraph
(a) is effective from 7:30 p.m. through 9:30 p.m. on October 6, 2023.
Dated: September 13, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-21194 Filed 9-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.255557 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0765-0001/content.htm"
} |
USCG-2023-0767-0001 | Rule | 2023-10-04T04:00:00 | Regulated Area: San Francisco Bay Navy Fleet Week Parade of Ships and Blue Angels Demonstration, San Francisco, CA |
[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68462-68463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21977]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0767]
Regulated Area; San Francisco Bay Navy Fleet Week Parade of Ships
and Blue Angels Demonstration, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the regulated areas in the
navigable waters of the San Francisco Bay for the San Francisco Bay
Navy Fleet Week Parade of Ships and Blue Angels Survey Flight and
Demonstration days from October 5 through October 8, 2023. This action
is necessary to ensure the safety of event participants and spectators.
During the enforcement period, unauthorized persons or vessels are
prohibited from entering into, transiting through, or anchoring in the
regulated area, unless authorized by the Patrol Commander (PATCOM).
This notification of enforcement (NOE) announces the dates and times
for enforcement.
DATES: The regulations in 33 CFR 100.1105 will be enforced from 12 p.m.
until 7 p.m. on October 5, 2023; from 10:30 a.m. until 5 p.m. on
October 6, 2023; and from 11:30 a.m. until 5 p.m. daily on October 7,
2023, and October 8, 2023, for the regulated areas 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 William Harris,
Coast Guard Sector San Francisco, Waterways Management Division, 415-
399-7443, [email protected].
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce the regulated areas for the annual San
Francisco Bay Navy Fleet Week Parade of Ships and Blue Angels
Demonstration in 33 CFR 100.1105. This NOE announces the dates and
times that the regulated areas will be enforced daily on October 5,
2023, through October 8, 2023, as described in the following
paragraphs.
The regulated area ``Alpha'' in Sec. 100.1105(b)(1) for the Navy
Parade of Ships will be enforced from 10:30 a.m. until 12:30 p.m. on
October 6, 2023. The regulated area ``Bravo'' in Sec. 100.1105(b)(2)
for the U.S. Navy Blue Angels will be enforced from 12 p.m. until 7
p.m. on October 5, 2023, and 11:30 a.m. until 5 p.m. daily from October
6, 2023, through October 8, 2023.
Regulated area ``Alpha'' will be enforced during the Navy Parade of
Ships and is bounded by a line connecting the following points and
thence along the shore to the point of beginning:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
37[deg]48'40'' N 122[deg]28'38'' W
37[deg]49'10'' N 122[deg]28'41'' W
37[deg]49'31'' N 122[deg]25'18'' W
37[deg]49'06'' N 122[deg]24'08'' W
37[deg]47'53'' N 122[deg]22'42'' W
37[deg]46'00'' N 122[deg]22'00'' W
37[deg]46'00'' N 122[deg]23'07'' W
------------------------------------------------------------------------
Under the provisions of 33 CFR 100.1105, except for persons or
vessels authorized by the PATCOM, in regulated area ``Alpha'' no person
or vessel may enter the parade route or remain within 500 yards of any
Navy parade vessel. No person or vessel shall anchor, block, loiter in,
or impede the through transit of ship parade participants or official
patrol vessels in regulated area ``Alpha.''
Regulated area ``Bravo'' will be enforced during the Navy Blue
Angels Demonstration and is bounded by a line connecting the following
points and thence along the pierheads and bulwarks to the point of
beginning:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
37[deg]48'27.5'' N 122[deg]24'04'' W
37[deg]49'31'' N 122[deg]24'18'' W
37[deg]49'00'' N 122[deg]27'52'' W
37[deg]48'19'' N 122[deg]27'40'' W
------------------------------------------------------------------------
Except for persons or vessels authorized by the PATCOM, no person
or vessel may enter or remain within regulated area ``Bravo.''
When hailed or signaled by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, a person or vessel shall
come to an immediate stop. Persons or vessels shall comply with all
directions given; failure to do so may result in expulsion from the
area, citation for failure to comply, or both. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation. The PATCOM shall be designated by the
Captain of the Port (COTP) San Francisco. The PATCOM is empowered to
forbid and control the movement of all vessels in the regulated areas.
In addition to this notification of enforcement in the Federal
Register, the
[[Page 68463]]
Coast Guard plans to provide notification of this enforcement period
via the Local Notice to Mariners.
Dated: September 27, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco.
[FR Doc. 2023-21977 Filed 10-3-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.256559 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0767-0001/content.htm"
} |
USCG-2023-0768-0001 | Rule | 2023-09-19T04:00:00 | Special Local Regulations; Clearwater Offshore Nationals/Race World Offshore; Gulf of Mexico; Clearwater, FL |
[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64381-64382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20223]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0768]
Special Local Regulations; Clearwater Offshore Nationals/Race
World Offshore; Gulf of Mexico; Clearwater, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
[[Page 64382]]
SUMMARY: The Coast Guard will enforce special local regulations for the
Clearwater offshore Nationals/Race World Offshore on September 24,
2023, to provide for the safety of life on navigable waterways during
this event. Our regulation for marine events within the Seventh Coast
Guard District identifies the regulated area for this event in
Clearwater, FL. During the enforcement periods, the operator of any
vessel in the regulated area must comply with directions from the
Patrol Commander or any designated representative.
DATES: The regulations in 33 CFR 100.703 will be enforced from 11:30
a.m. until 4 p.m., on September 24, 2023, for the location identified
in Item 6 in table 1 to Sec. 100.703.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
First Class Mara Brown, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703, table 1 to Sec. 100.703, Item No.
6, for the Clearwater Offshore Nationals/Race World Offshore regulated
area from 11:30 a.m. until 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 recurring marine events, Sector
St. Petersburg, Sec. 100.703, table 1 to Sec. 100.703, Item No. 6,
specifies the location of the regulated area for the Clearwater
Offshore Nationals/Race World Offshore which encompasses portions of
the Gulf of Mexico near Clearwater, FL. During the enforcement periods,
as reflected in Sec. 100.703(c), if you are the operator of a vessel
in the regulated area you must comply with directions from the Patrol
Commander or any designated representative.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners, marine information
broadcasts, or both.
Dated: September 13, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2023-20223 Filed 9-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.258206 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0768-0001/content.htm"
} |
USCG-2023-0769-0001 | Rule | 2023-10-23T04:00:00 | Security Zone; Watson Bayou, Panama City, FL |
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Rules and Regulations]
[Pages 72683-72685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23318]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0769]
RIN 1625-AA87
Security Zone; Watson Bayou, Panama City, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters of Watson Bayou, Panama City FL, within an area bound
by the following points: 30[deg]08'17.8'' N, 85[deg]38'6.6'' W (Diamond
Point), thence northeast toward 30[deg]08'34.6'' N, 85[deg]37'55.7'' W
(Eastern Shipbuilding), thence east to the South East Avenue Bridge.
The security zone is needed to protect the official party, the public,
and the surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other causes of a similar nature. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Sector Mobile Captain of the Port (COTP).
DATES: This rule is effective from 1:30 p.m. on October 27, 2023,
through 5 p.m. on November 27, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0769 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 MSTC Stacy Stevenson,
[[Page 72684]]
Waterways Management Division, U.S. Coast Guard; telephone 251-382-
8653, 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
public interest to delay the effective date of this rule. The security
zone must be established by October 27, 2023, to mitigate potential
terrorist acts, and enhance public and maritime safety and security.
The Coast Guard was unable to publish an NPRM due to the short period
between the time of the request for Coast Guard enforcement and the
actual event. The request for enforcement was received on September 11,
2023. Furthermore, delaying the effective date would be contrary to the
security zone's intended objectives of protecting government officials
and dignitaries, mitigating potential terrorists acts, and enhancing
maritime safety and security.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action to restrict
vessel traffic is needed to protect life and property and mitigate
potential maritime threats.
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 COTP has determined that a security
zone is necessary for the protection of government officials and
dignitaries during an official visit to Watson Bayou, Panama City, FL,
in the vicinity of Eastern Shipbuilding. This rule is needed to protect
personnel and vessels in the navigable waters within the security zone.
IV. Discussion of the Rule
This rule establishes a security zone on certain navigable waters
of Watson Bayou, Panama City FL from 1:30 p.m. October 27, 2023,
through 5 p.m. November 27, 2023. The security zone will be enforced
from 1:30 p.m. through 5 p.m. on October 27, 2023. If the event is
delayed, the security zone will be enforcement on a subsequent date
before November 27, 2023, for approximately 3.5 hours. The duration of
the zone is intended to protect personnel, vessels, and ensure maritime
security in these navigable waters during a visit of government
personnel and dignitaries. No vessel or person will be permitted to
enter the security zone without obtaining permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB). This regulatory action determination is
based on the size, location, duration, and time-of-day of the security
zone. This security zone would impact a small, designated area of
Watson Bayou, in the vicinity of Eastern Shipbuilding, for
approximately 3.5 hours or less during a period when vessel traffic is
typically relatively slow. In addition, vessel traffic will be able to
transit Watson Bayou Channel to the west of the security 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
will not have a significant economic impact on a substantial number of
small entities. While some owners or operators of vessels intending to
transit the security zone may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of
[[Page 72685]]
power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone lasting only 3.5 hours that will prohibit entry on a
portion of Watson Bayou, in the vicinity of Eastern Shipbuilding. 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.T08-0769 to read as follows:
Sec. 165.T08-0769 Security Zone; Watson Bayou, Panama City, FL.
(a) Location. The following area is a security zone: All navigable
waters of Watson Bayou, Panama City FL, within an area bound by the
following points: 30[deg]08'17.8'' N, 85[deg]38'6.6'' W (Diamond
Point), thence northeast toward 30[deg] 08'34.6'' N, 85[deg]37'55.7'' W
(Eastern Shipbuilding), then east to the South East Avenue Bridge, and
back to the point of origin.
(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 Sector
Mobile Captain of the Port (COTP) in the enforcement of the security
zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-CH 16. 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 is effective from 1:30 p.m. on
October 27, 2023, through 5 p.m. on November 27, 2023. The security
zone will be enforced from 1:30 p.m. through 5 p.m. on October 27,
2023. If the event is delayed, the security zone will be enforcement on
a subsequent date before November 27, 2023, for approximately 3.5
hours. If the COTP determines no further need to enforce the security
zone, the COTP will issue a general permission to enter via a Broadcast
Notice to Mariners to indicate that the zone will no longer be subject
to enforcement. If the COTP determines the need to enforce the section
at a subsequent time, the COTP will provide the public with notice of
enforcement of the security zone by marine broadcast, local notice to
mariners, on-scene notice by a designated representative, or other
appropriate means in accordance with 33 CFR 165.7.
Dated: October 16, 2023.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2023-23318 Filed 10-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.258936 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0769-0001/content.htm"
} |
USCG-2023-0770-0001 | Rule | 2023-09-18T04:00:00 | Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX |
[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63841-63843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20100]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0770]
RIN 1625-AA87
Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing one temporary, 500-yard
radius, moving security zone for certain vessel carrying Certain
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and the
La Quinta Channel. The temporary security zone is 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 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 without actual notice from September 15,
2023, until September 18, 2023. For the purposes of enforcement, actual
notice will be used from September 12, 2023, until September 15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0770 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 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
[[Page 63842]]
impracticable. The Coast Guard must establish this security zone by
September 12, 2023, to ensure security of this vessel 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) RIOJA KNUTSEN, when loaded, 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 vessel, their
cargo, and surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature while
it is transiting within Corpus Christi, TX, from September 12, 2023,
through September 18, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing one 500-yard radius temporary
moving security zone around M/V RIOJA KNUTSEN. The vessel names will be
clearly marked on the port, starboard, and stern. The zone for the
vessel will be enforced from September 12, 2023, through September 18,
2023. The duration of the zone is intended to protect the vessel 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 this security zone 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 the 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 vessel in the
Corpus Christi Ship Channel and the La Quinta Channel as the vessel
transit the channel over a seven day period. Moreover, 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
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.
[[Page 63843]]
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 RIOJA KNUTSEN is 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 RIOJA KNUTSEN while
the vessel is 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.T08-0770 to read as follows:
Sec. 165.T08-0770 Security Zones; Corpus Christi Ship Channel, Corpus
Christi, TX.
(a) Location. The following area is a moving security zone: All
navigable waters encompassing a 500-yard radius around the M/V RIOJA
KNUTSEN while the vessel is in the Corpus Christi Ship Channel and La
Quinta Channel.
(b) Enforcement period. This section will be enforced from
September 12, 2023, through September 18, 2023.
(c) Regulations. (1) The general regulations in Sec. 165.33 apply.
Entry into the zone 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 (USCG) 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: September 12, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-20100 Filed 9-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.260179 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0770-0001/content.htm"
} |
USCG-2023-0783-0001 | Rule | 2023-11-09T05:00:00 | Special Local Regulations; OPA World Championships; Gulf of Mexico; Englewood, FL |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Page 77200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24787]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0783]
Special Local Regulations; OPA World Championships; Gulf of
Mexico; Englewood, FL
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce special local regulations for the
OPA World Championships to provide for the safety of life on navigable
waterways during this event. Our regulation for marine events within
the Seventh Coast Guard District identifies the regulated area for this
event in Englewood Beach, FL. During the enforcement periods, the
operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any designated representative.
DATES: The regulations in 33 CFR 100.703 will be enforced daily from 8
a.m. until 6 p.m. on November 18, 2023, through November 19, 2023, for
the location identified in Item 8 in table 1 to Sec. 100.703.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
First Class Mara Brown, Sector St. Petersburg Prevention Department,
Coast Guard; telephone 813-228-2191, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703 for the OPA World Championships
identified in Table 1 to Sec. 100.703, Item No. 8, from 8 a.m. until 6
p.m., on November 18, 2023, through November 19, 2023. This action is
being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for recurring marine events, Sector
St. Petersburg, Sec. 100.703, Table 1 to Sec. 100.703, Item No. 8,
specifies the locations of the regulated area for the OPA World
Championships which encompasses portions of the Gulf of Mexico near
Englewood, FL. During the enforcement periods, as reflected in Sec.
100.703(c), if you are the operator of a vessel in the regulated area
you must comply with directions from the Patrol Commander or any
designated representative.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners, marine information broadcasts,
or both.
Dated: November 2, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2023-24787 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.262279 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0783-0001/content.htm"
} |
USCG-2023-0786-0001 | Rule | 2023-09-22T04:00:00 | Security Zone; Patapsco River, Baltimore, MD |
[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65321-65323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20562]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0786]
RIN 1625-AA87
Security Zone; Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: At the request of the United States Secret Service (USSS), the
Coast Guard is establishing a temporary security zone for the
protection of persons who will be in Baltimore, MD on September 24,
2023. This security zone will prohibit persons and vessels from
entering or remaining within the security zone unless authorized by the
Captain of the Port Maryland-National Capital Region or a designated
representative.
DATES: This rule is effective from 4 p.m. until 8 p.m. on Sunday,
September 24, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0786 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 Kate Newkirk, Waterways Management Division, Sector
Maryland-National Capital Region, U.S. Coast Guard; (410) 365-8141,
[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
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 the Coast Guard was notified by the
USSS of the visit without sufficient time to publish an NPRM. Delay in
promulgating this rule would be impracticable because this security
zone must be in by September 24, 2023, to protect these USSS protectees
in the vicinity of Baltimore, MD. The presence of these USSS protectees
creates unique safety and security concerns.
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
above.
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 Maryland-National Capital
Region (COTP) has determined that the presence of persons under the
protection of the USSS at this location presents a potential target for
terrorist attack, sabotage, or other subversive acts, accidents, or
other causes of similar nature. This rule is needed to protect persons
under the protection of the USSS, personnel in and around the visit
site, navigable waterways, and waterfront facilities.
IV. Discussion of the Rule
This rule establishes a security zone from 4 p.m. until 8 p.m. on
September 24, 2023, on the Patapsco River, in the vicinity of
Baltimore, MD. The security zone will cover all navigable waters of the
Inner Harbor on the Patapsco River, encompassed by a line connecting
the following points beginning at 39[deg]16'56.60'' N,
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67''
W, located at Baltimore, MD. The duration of the zone is intended to
protect persons under the protection of the USSS, personnel in and
around the visit site, navigable waterways, and waterfront facilities.
No vessel or person will be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative and must proceed as directed by on-scene enforcement
vessels. Any vessel permitted to transit the zone will be required to
continue through the zone without pause or delay as directed by on-
scene enforcement 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
[[Page 65322]]
``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 limited duration of the security zone. This zone impacts
a small, designated area of the Patapsco River for 4 hours.
Furthermore, vessel traffic can safely transit around the security zone
within the eastern portion of the navigation channel.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone lasting only 4 hours that will prohibit entry within
certain navigable waters of the Patapsco River. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0786 to read as follows:
Sec. 165.T05-0786 Security Zone; Patapsco River, Baltimore, MD.
(a) Location. The following area is a security zone: All navigable
waters of the Inner Harbor on the Patapsco River, encompassed by a line
connecting the following points beginning at 39[deg]16'56.60'' N,
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67''
W, located at Baltimore, MD. These coordinates are based on WGS 84.
(b) Definitions. As used in this section--Captain of the Port
(COTP) means the Commander, U.S. Coast Guard Sector Maryland-National
Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Maryland-National Capital Region (COTP) in the enforcement of the
security zone.
Official Patrol Vessel means any Coast Guard, Coast Guard
Auxiliary, State, or local law enforcement vessel assigned or approved
by the COTP.
USSS protectee means any person for whom the United States Secret
Service requests implementation of a security
[[Page 65323]]
zone in order to supplement protection of said person(s).
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter or remain in the security
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter or remain in the Security Zone,
contact the COTP or the COTP's representative by telephone number 410-
576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Those
in the security zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
(3) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with lawful direction may result in expulsion from the regulated
area, citation for failure to comply, or both.
(4) Unless specifically authorized by on-scene enforcement vessels,
any vessel granted permission to enter or transit the security zone
must comply with the instructions of the COTP or designated
representative and operate at bare steerage or no-wake speed while
transiting through the Security Zone, and must not loiter, stop, or
anchor, and shall do so for the entirety of its time within the
boundaries of the security zone.
(d) Enforcement period. (1) This section will be enforced from 4
p.m. until 8 p.m. on September 24, 2023.
(2) This security zone described in paragraph (a) of this section
will be enforced with actual notice by the U.S. Coast Guard
representatives on-scene, as well as other methods listed in 33 CFR
165.7. The Coast Guard will enforce the security zone created by this
section only when it is necessary for the protection of USSS protectees
in the vicinity of Hampton, Va. The U.S. Coast Guard may be
additionally assisted in the patrol and enforcement of the zone by
Federal, State, and local agencies.
Dated: September 18, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2023-20562 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.263228 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0786-0001/content.htm"
} |
USCG-2023-0788-0001 | Rule | 2023-11-09T05:00:00 | Safety Zone; Hillsborough Bay, Tampa, FL |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77205-77207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24791]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0788]
RIN 1625-AA00
Safety Zone; Hillsborough Bay, Tampa, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Tampa Bay between the Tampa Convention Center
and the Tampa General Hospital at the base of Seddon Channel. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the police exercise.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, St. Petersburg or a
designated representative.
DATES: This rule is effective from 7 a.m. through 3 p.m. on November
29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0788 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 Marine Science Technician First Class Mara J. Brown,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
813-228-2191, 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
[[Page 77206]]
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. Immediate action is needed to protect vessels, and
the marine environment in small portion of the Hillsborough Bay within
the safety zone while the exercise is being conducted. The Coast Guard
lacks sufficient time to provide for a comment period and then consider
those comments before issuing the rule since this rule is needed by
November 29, 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 in
order to protect vessels, and the marine environment in small portion
of the Hillsborough Bay within the safety zone while the exercise is
being conducted.
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 St Petersburg (COTP) has determined that
potential hazards associated with the police on November 29, 2023, will
be a safety concern for anyone within the waters of the Tampa
Convention Center and Tampa General Hospital. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the exercise is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until 3 p.m. on
November 29, 2023. The safety zone will cover all navigable waters
between the Tampa Convention Center and the Tampa General Hospital at
the base of Seddon Channel. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the Tampa Police exercise is being conducted. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
Vessels may be directed through the safety zone by on scene law
enforcement personnel.
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 where the Hillsborough River and Seddon
Channel meet. Moreover, the Coast Guard would issue a Broadcast Notice
to Mariners via BHF-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.
[[Page 77207]]
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 hours during the police exercise. 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.T07-0788 to read as follows:
Sec. 165.T07-0788 Safety Zone; Hillsborough River, Tampa, FL.
(a) Location. The following area is a safety zone: All navigable
waters of Hillsborough Bay, from surface to bottom, encompassed by a
line connecting the following points: 27[deg]56'16'' N, 082[deg]27'40''
W, thence to position 27[deg]56'18'' N, 082[deg]27'43'' W, thence to
position 27[deg]56'30'' N, 082[deg]27'33'' W, thence to position
27[deg]56'30'' N, 082[deg]27'29'' W, thence to position 27[deg]56'25''
N, 082[deg]27'17'' W, thence to position 27[deg]56'22'' N,
082[deg]27'16'' W, thence to position 27[deg]56'13'' N, 082[deg]27'19''
W, thence to position 27[deg]56'12'' N, 082[deg]27'24'' W, thence to
position 27[deg]56'23'' N, 082[deg]27'32'' W, and along the shoreline
back to the beginning point. These coordinates are based on World
Geodetic System (WGS 84).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port St. Petersburg (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 radio on channel 16. Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 7 a.m.
until 3 p.m. on November 29, 2023.
Dated: November 2, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2023-24791 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.264836 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0788-0001/content.htm"
} |
USCG-2023-0791-0001 | Rule | 2023-10-18T04:00:00 | Special Local Regulations; Northern California and Lake Tahoe Area Annual Marine Events; Sacramento Ironman Swim, Sacramento, CA |
[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Rules and Regulations]
[Pages 71754-71755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22977]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0791]
Special Local Regulations; Northern California and Lake Tahoe
Area Annual Marine Events; Sacramento Ironman Swim, Sacramento, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulations for
the annual Sacramento Ironman Swim on October 22, 2023, to provide for
the safety of life on navigable waterways in the American River and
Sacramento River during this event. The regulation for marine events in
Northern California identifies the regulated area for this event in
Sacramento, CA. During the enforcement period, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
loitering or anchoring in the regulated area, unless authorized by the
designated Patrol Commander (PATCOM) or other Federal, State, or local
law enforcement agencies on scene to assist the Coast Guard in
enforcing the regulated area.
DATES: The regulations in 33 CFR 100.1103 will be enforced for the
location in table 1 to Sec. 100.1103, Item number 5, from 4:30 a.m. to
10:30 a.m. on October 22, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email MST1 Shannon Curtaz-Milian,
Sector San Francisco Waterways Management, U.S. Coast Guard; telephone
(415) 399-7440, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1103, table 1 to Sec. 100.1103, Item
number 5, for the Sacramento Ironman Swim regulated area from 4:30 a.m.
to 10:30 a.m. on October 22, 2023. This action is being taken to
provide for the safety of life on navigable waterways during this
event. The regulation for marine events within Northern California,
Sec. 100.1103, specifies the location of the regulated area for the
Sacramento Ironman Swim which encompasses portions of the American
River and Sacramento River. During the enforcement period, the
regulated area will be in effect in the navigable waters, from surface
to bottom, defined by a line drawn from Township 9 Park to North of the
Tower Bridge.
During the enforcement period, under the provisions of 33 CFR
100.1103(b), if you are the operator of a vessel in the regulated area
you must comply with directions from the Patrol Commander (PATCOM) or
any other Official Patrol, defined as a Federal, State, or local law
enforcement agency on scene to assist the Coast Guard in enforcing the
regulated area. The PATCOM or Official Patrol may, upon request, allow
the transit of commercial vessels through regulated areas when it is
safe to do so.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners. If the Captain of
the Port determines that the regulated area need not be enforced for
the full duration stated in this notification, a Broadcast Notice to
Mariners or other marine broadcast may
[[Page 71755]]
be used to grant general permission to enter the regulated area.
Dated: October 12, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-22977 Filed 10-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.265988 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0791-0001/content.htm"
} |
USCG-2023-0794-0001 | Rule | 2023-10-17T04:00:00 | Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ |
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71483-71485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22855]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0794]
RIN 1625-AA09
Drawbridge Operation Regulation; Hackensack River, Jersey City,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the PATH Bridge, mile 3.0, across the Hackensack
River, at Jersey City, New Jersey. This action is necessary to allow
the bridge owner to complete the remaining replacements and repairs.
DATES: This temporary interim rule is effective from 12:01 a.m. on
October 17, 2023 through 11:59 p.m. on January 15, 2024. Comments and
related material must reach the Coast Guard on or before November 16,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0794) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Judy Leung-Yee, Project Officer, First Coast Guard
District; telephone 212-514-4336, 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
Sec. Section
U.S.C. United States Code
[[Page 71484]]
PATH Port Authority Trans-Hudson
II. Background, Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. This bridge is opening with 24 hours advance notice with
one bridge opening during morning and evening rush hours; and will
continue to operate on this schedule through January 15, 2024.
On March 22, 2023, April 6, 2023 and June 28, 2023, the Coast Guard
issued General Deviations which allowed the bridge owner, Port
Authority Trans-Hudson Corporation, to deviate from the current
operating schedule in 33 CFR 117.723(b) to conduct major motor and
control system repairs. Due to unforeseen system complications, the
project has run past the end date of the General Deviation, September
18, 2023. The bridge cannot be brought back to normal operating
condition until the completion of the motor and control system.
Therefore, there is insufficient time to provide a reasonable comment
period and then consider those comments before issuing the
modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest because the bridge is currently incapable of normal
operations and will not be back into full operation until the repairs
to the control system can be completed.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating
schedule that governs the PATH Bridge across the Hackensack River, mile
3.0, Jersey City, New Jersey. The PATH Bridge has a vertical clearance
of 40 feet at mean high water in the closed position and 135 feet when
in the open position.
The existing drawbridge regulation, 33 CFR 117.723(b) states that
the draw of the PATH Bridge, mile 3.0, shall open on signal if provided
at least two-hours advance notice. The draw need not open for the
passage of vessel traffic Monday through Friday, from 6 a.m. to 10 a.m.
and from 4 p.m. to 8 p.m. Additional bridge openings shall be provided
for commercial vessels from 6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.;
4 p.m. to 4:30 p.m. and from 6:50 p.m. to 8 p.m. provided at least two-
hours advance notice is given. Port Authority Trans-Hudson Corporation,
the bridge owner, has requested the bridge open on signal provided at
least twenty-four (24)-hours advance notice is given and will provide
one bridge opening in the morning and evening rush hours for tide
restricted commercial vessels so they may continue the construction
project while providing minimal impact on marine traffic.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the PATH Bridge
across the Hackensack River, mile 3.0 Jersey City, New Jersey. The rule
is necessary to accommodate the completion of the motor and control
system replacement until January 15, 2024. Vessels that can transit
under the bridge without an opening may do so anytime.
V. Regulatory Analyses
We developed this temporary interim rule after considering numerous
statutes and Executive Orders related to rulemaking. Below we summarize
our analyses based on a number of these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This temporary interim rule has not been designated a
``significant regulatory action,'' under Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the temporary interim rule has not been reviewed by the
Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge through the bridge with advance
notice as well as all vessels that do not require an opening may
transit.
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 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 V.A.
above, this 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 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 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 rule or any policy or action of the
Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and
[[Page 71485]]
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 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges. 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.
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.
We encourage you to submit comments through the Federal Decision-
making Portal at http://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0794 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 http://www.regulations.gov, contact
the person in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
To view documents mentioned in this 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 rule. We may choose not to post off-topic, inappropriate,
or duplicate comments that we receive. Additionally, 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 accept anonymous comments. Comments we post to http://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 amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
00170.1. Revision 01.3
0
2. Amend Sec. 117.723 by:
0
a. Staying paragraph (b); and
0
b. Adding paragraph (l).
The addition reads as follows:
Sec. 117.723 Hackensack River.
* * * * *
(l)(1) The draw of the PATH Bridge, mile 3.0, at Jersey City, shall
open on signal provided at least a twenty-four (24)-hour advance notice
is provided by calling the number posted at the bridge. The draw need
not open for the passage of vessel traffic Monday through Friday,
except Federal holidays, from 6 a.m. to 10 a.m. and from 3 p.m. to 7
p.m.
(2) Additional bridge openings shall be provided for tide
restricted commercial vessels from 6 a.m. to 7 a.m. and from 6 p.m. to
7 p.m. provided at least a twenty-four (24)-hour advance notice is
given by calling Port Authority Trans-Hudson, John Burkhard at 201-410-
4260.
Dated: October 11, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-22855 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.267276 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0794-0001/content.htm"
} |
USCG-2023-0795-0001 | Proposed Rule | 2023-10-12T04:00:00 | Safety Zone; Potomac River, Between Charles County, MD and King George County, VA |
[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Proposed Rules]
[Pages 70613-70616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22545]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0795]
RIN 1-AA00
Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Potomac River. This action is necessary
to provide for the safety of life on these navigable waters at the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge, during demolition operations from November 8, 2023 through
January 30, 2024. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port, Sector Maryland-National Capital Region 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 October 27, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0795 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Kate Newkirk, Sector Maryland-
NCR, Waterways Management Division, U.S. Coast Guard: telephone 410-
576-2519, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Skanska-Corman-McLean, Joint Venture notified the Coast Guard that
it will be conducting demolition of the old Governor Harry W. Nice/
Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge, which will
occur from 12:01 a.m. on November 8, 2023, to 11:59 p.m. on January 30,
2024. The bridge is located on the Potomac River, at mile 43.3, between
Charles County, MD and King George County, VA. The segment of the old
bridge over waters that include the bridge piers sections between Piers
14 and the east riverbank of the Potomac River requires the use of
explosives, and debris removal and hydrographic surveying equipment.
Marine equipment, including barges, positioned in the Potomac River
will be used to support the bridge demolition and debris removal
operation. This operation also requires the use of a temporary
commercial mooring buoy in the Potomac River south of the old bridge
where the explosives barge will be kept. Hazards from the demolition
and debris removal work include accidental discharge of explosives,
dangerous projectiles, hanging ropes or cables, and falling objects or
debris. The Captain of the Port, Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the
demolition and removal of the old Governor Harry W. Nice/Senator Thomas
``Mac'' Middleton Memorial (US-301) Bridge would be a safety concern
for anyone within or near project area.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within or near the Federal navigation channel
at the old Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton
Memorial (US-301) Bridge before, during, and after the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 12:01 a.m. on
November 8, 2023, to 11:59 p.m. on
[[Page 70614]]
January 30, 2024. The safety zone would cover the following areas:
Area 1. All navigable waters of the Potomac River, encompassed by a
line connecting the following points beginning at 38[deg]21'49.10'' N,
076[deg]59'32.46'' W, thence south to 38[deg]21'40.04'' N,
076[deg]59'30.62'' W, thence east to 38[deg]21'43.52'' N,
076[deg]59'15.22'' W, thence south along the shoreline to
38[deg]21'52.49'' N, 076[deg]58'59.70'' W, and west back to the
beginning point, located between Charles County, MD and King George
County, VA.
Area 2. All navigable waters of the Potomac River, within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors, no vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The term designated representative also includes an
employee or contractor of Skanska-Corman-McLean, Joint Venture for the
sole purposes of designating and establishing safe transit corridors,
to permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
The COTP will notify the public that the safety zone will be
enforced by all appropriate means to the affected segments of the
public, as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification will also include, but are not limited to, Broadcast
Notice to Mariners. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the
NPRM has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size, location
and time of year of the safety zone. The temporary safety zone
comprises two separate geographic areas which total a maximum of
approximately 900 yards in width and 350 yards in length. This safety
zone would impact a small, designated area of the Potomac River for a
maximum 84 total days, but we anticipate that there would be no vessels
that are unable to conduct business because of the safety zone.
Excursion vessels and commercial fishing vessels are not impacted by
this rulemaking. Excursion vessels do not operate in this area, and
commercial fishing vessels are not impacted because of their draft.
Some towing vessels may be impacted, but bridge project personnel have
been conducting outreach throughout the project to coordinate with
those vessels. This safety zone would be established outside the normal
recreational boating season for this area, which occurs during the
summer. Moreover, the Coast Guard would issue Local Notices to Mariners
and a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone on days it is being 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it. Under section
213(a) of the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), we want to assist small entities in
understanding this proposed rule. If the proposed rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the
[[Page 70615]]
aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 84 total days that would prohibit entry within a portion
of the Potomac River. Normally such actions are categorically excluded
from further review under paragraph L60(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-2023-0795 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0145 to read as follows:
Sec. 165.T05-0145 Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.
(a) Location. The following areas are a safety zone: These
coordinates are based on datum NAD 83.
(1) Area 1. All navigable waters of the Potomac River, encompassed
by a line connecting the following points beginning at
38[deg]21'49.10'' N, 076[deg]59'32.46'' W, thence south to
38[deg]21'40.04'' N, 076[deg]59'30.62'' W, thence east to
38[deg]21'43.52'' N, 076[deg]59'15.22'' W, thence south along the
shoreline to 38[deg]21'52.49'' N, 076[deg]58'59.70'' W, and west back
to the beginning point, located between Charles County, MD and King
George County, VA.
(2) Area 2. All navigable waters of the Potomac River within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Maryland-National Capital Region (COTP) in the enforcement of the
safety zone. The term also includes an employee or contractor of
Skanska-Corman-McLean, Joint Venture for the sole purposes of
designating and establishing safe transit corridors, to permit passage
into or through the safety zone, or to notify vessels and individuals
that they have entered the safety zone and are required to leave.
Marine equipment means any vessel, barge or other equipment
operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, except for marine equipment, you may not enter
the safety zone described in paragraph (a) of this section unless
authorized by the COTP, Skanska-Corman-McLean, Joint Venture, or the
COTP's designated representative. If a vessel or person is notified by
the COTP, Skanska-Corman-McLean, Joint Venture, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
(2) Mariners wishing to transit any of these safety zone areas must
first contact the Skanska-Corman-McLean, Joint
[[Page 70616]]
Venture designated representative, the on-site project manager by
telephone number 785-953-1465 or on Marine Band Radio VHF-FM channels
13 and 16 from the pusher tug Miss Stacy to request permission. If
permission is granted, mariners must proceed at their own risk and
strictly observe any and all instructions provided by the COTP,
Skanska-Corman-McLean, Joint Venture, or designated representative to
the mariner regarding the conditions of entry to and exit from any area
of the safety zone. The COTP or the COTP's representative can be
contacted by telephone number 410-576-2693 or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz).
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be subject to enforcement
from 12:01 a.m. on November 08, 2023, to 11:59 p.m. on January 30,
2023.
Dated: October 05, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-22545 Filed 10-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.268483 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0795-0001/content.htm"
} |
USCG-2023-0795-0003 | Rule | 2023-11-07T05:00:00 | Safety Zone; Potomac River, Between Charles County, MD and King George |
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76669-76671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24561]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0795]
RIN 1625-AA00
Safety Zone; Potomac River, Between Charles County, MD and King
George
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Potomac River. This action is necessary to
provide for the safety of life on these navigable waters at the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge, during demolition operations from November 8, 2023 through
January 30, 2024. This regulation prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port,
Sector Maryland-National Capital Region or a designated representative.
DATES: This rule is effective from November 8, 2023, through January
30, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0795 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 Kate Newkirk, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2519, 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
Skanska-Corman-McLean, Joint Venture notified the Coast Guard that
it will be conducting demolition of the old Governor Harry W. Nice/
Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge, which will
occur from 12:01 a.m. on November 8, 2023, to 11:59 p.m. on January 30,
2024. The bridge is located on the Potomac River, at mile 43.3, between
Charles County, MD and King George County, VA. The segment of the old
bridge over waters that include the bridge piers sections between Piers
14 and the east riverbank of the Potomac River requires the use of
explosives, and debris removal and hydrographic surveying equipment.
Marine equipment, including barges, positioned in the Potomac River
will be used to support the bridge demolition and debris removal
operation. This operation also requires the use of a temporary
commercial mooring buoy in the Potomac River south of the old bridge
where the explosives barge will be kept. Hazards from the demolition
and debris removal work include accidental discharge of explosives,
dangerous projectiles, hanging ropes or cables, and falling objects or
debris. In response, on October 12, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Potomac River,
Between Charles County, MD and King George County, VA (USCG-2023-0795).
During the comment period that ended October 27, 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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with demolition of
the old Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton
Memorial (US-301) Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the
demolition and removal of the old Governor Harry W. Nice/Senator Thomas
``Mac'' Middleton Memorial (US-301) Bridge would be a safety concern
for anyone within or near project area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
October 12, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 12:01 a.m. on November 8,
2023, to 11:59 p.m. on January 30, 2024. The safety zone would cover
the following areas:
[[Page 76670]]
Area 1. All navigable waters of the Potomac River, encompassed by a
line connecting the following points beginning at 38[deg]21'49.10'' N,
076[deg]59'32.46'' W, thence south to 38[deg]21'40.04'' N,
076[deg]59'30.62'' W, thence east to 38[deg]21'43.52'' N,
076[deg]59'15.22'' W, thence south along the shoreline to
38[deg]21'52.49'' N, 076[deg]58'59.70'' W, and west back to the
beginning point, located between Charles County, MD and King George
County, VA.
Area 2. All navigable waters of the Potomac River, within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors, no vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The term designated representative also includes an
employee or contractor of Skanska-Corman-McLean, Joint Venture for the
sole purposes of designating and establishing safe transit corridors,
to permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
The COTP will notify the public that the safety zone will be
enforced by all appropriate means to the affected segments of the
public, as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification will also include, but are not limited to, Broadcast
Notice to Mariners. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052 . The
regulatory text we are proposing appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration and time of year of the regulated area. The
temporary safety zone comprises two separate geographic areas which
total a maximum of approximately 900 yards in width and 350 yards in
length. This safety zone would impact a small, designated area of the
Potomac River for a maximum 84 total days, but we anticipate that there
would be no vessels that are unable to conduct business because of the
safety zone. Excursion vessels and commercial fishing vessels are not
impacted by this rulemaking. Excursion vessels do not operate in this
area, and commercial fishing vessels are not impacted because of their
draft. Some towing vessels may be impacted, but bridge project
personnel have been conducting outreach throughout the project to
coordinate with those vessels. This safety zone would be established
outside the normal recreational boating season for this area, which
occurs during the summer. Moreover, the Coast Guard would issue Local
Notices to Mariners and a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone on days it is being 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 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
[[Page 76671]]
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 84 total days that would prohibit entry within a
portion of the Potomac River. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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.T05-0145 to read as follows:
Sec. 165.T05-0145 Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.
(a) Location. The following areas are a safety zone: These
coordinates are based on datum NAD 83.
(1) Area 1. All navigable waters of the Potomac River, encompassed
by a line connecting the following points beginning at
38[deg]21'49.10'' N, 076[deg]59'32.46'' W, thence south to
38[deg]21'40.04'' N, 076[deg]59'30.62'' W, thence east to
38[deg]21'43.52'' N, 076[deg]59'15.22'' W, thence south along the
shoreline to 38[deg]21'52.49'' N, 076[deg]58'59.70'' W, and west back
to the beginning point, located between Charles County, MD and King
George County, VA.
(2) Area 2. All navigable waters of the Potomac River within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Maryland-National Capital Region (COTP) in the enforcement of the
safety zone. The term also includes an employee or contractor of
Skanska-Corman-McLean, Joint Venture for the sole purposes of
designating and establishing safe transit corridors, to permit passage
into or through the safety zone, or to notify vessels and individuals
that they have entered the safety zone and are required to leave.
Marine equipment means any vessel, barge or other equipment
operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, except for marine equipment, you may not enter
the safety zone described in paragraph (a) of this section unless
authorized by the COTP, Skanska-Corman-McLean, Joint Venture, or the
COTP's designated representative. If a vessel or person is notified by
the COTP, Skanska-Corman-McLean, Joint Venture, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
(2) Mariners wishing to transit any of these safety zone areas must
first contact the Skanska-Corman-McLean, Joint Venture designated
representative, the on-site project manager by telephone number 785-
953-1465 or on Marine Band Radio VHF-FM channels 13 and 16 from the
pusher tug Miss Stacy to request permission. If permission is granted,
mariners must proceed at their own risk and strictly observe any and
all instructions provided by the COTP, Skanska-Corman-McLean, Joint
Venture, or designated representative to the mariner regarding the
conditions of entry to and exit from any area of the safety zone. The
COTP or the COTP's representative can be contacted by telephone number
410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz).
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be in effect, and subject
to enforcement, from 12:01 a.m. on November 8, 2023, to 11:59 p.m. on
January 30, 2023.
Dated: November 1, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-24561 Filed 11-6-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.270155 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0795-0003/content.htm"
} |
USCG-2023-0797-0001 | Rule | 2023-10-20T04:00:00 | Safety Zone; Cumberland River, Nashville, TN |
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Rules and Regulations]
[Pages 72370-72372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23236]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0797]
RIN 1625-AA00
Safety Zone; Cumberland River, Nashville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Cumberland River extending from mile marker 190
through 191. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by aerial
operations. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley.
DATES: This rule is effective from 7 a.m. on October 21, 2023 through 6
p.m. on October 22, 2023. This rule will be enforced from 7 a.m.
through 6 p.m. daily during the effective period.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0797 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 Joshua Carter, MSD Nashville, U.S. Coast
Guard; telephone 615-736-5421, 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 immediate action is needed to respond
and repair to the potential safety hazards associated with the aerial
operations. It is impracticable to publish an NPRM because we must
establish this safety zone by October 21st, 2023. An aerial conductor
will be replaced by Nashville Electric Service between mile markers
190-191 which could cause a hazard to navigation on the Cumberland
River. The safety zone must be established to protect people and
vessels associated with and resulting from the aerial operations and we
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. This safety zone may
include closures or navigation restrictions and requirements that are
vital to maintain safe navigation on the Cumberland River during aerial
operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because action is needed to respond to
[[Page 72371]]
the potential safety hazards associated with the aerial operations
starting 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 Ohio Valley (COTP) has determined
that potential hazards associated with the aerial operations from
October 21 and 22, 2023, will be a safety concern for anyone within
mile marker 190-191. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while the aerial operations are taking place.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 7
a.m. until 6 p.m. on October 21 and 22, 2023. The safety zone will
cover all navigable waters within mile markers 190-191. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the aerial operations are
being conducted. 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 location of
the event on the Cumberland River lasting only 11 hours daily for two
days. Vessels will be able to contact the COTP for instructions on how
to transit around the zone safely.
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, this rule will only last 11 hours,
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 safety
zone lasting only 11 hours a day, for two days, that will prohibit
entry within mile marker 181-183 of the Cumberland 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.
[[Page 72372]]
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.T08-0797 to read as follows:
Sec. 165.T08-0797 Safety Zone; Cumberland River, Nashville, TN.
(a) Location. The following area is a safety zone: All navigable
waters of the Cumberland River from Mile Marker 190 through 191,
extending the entire width of the river.
(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 Ohio Valley (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
COTPs designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by 502-779-5422 or on VHR-FM channel 16. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 7 a.m.
through 6 p.m. daily on October 21, 2023 through October 22, 2023.
Dated: October 16, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-23236 Filed 10-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.271171 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0797-0001/content.htm"
} |
USCG-2023-0803-0001 | Proposed Rule | 2023-11-09T05:00:00 | Security Zone; Coast Guard Sector Key West, Trumbo Point Annex, Key West Harbor, Key West, FL |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77242-77244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24853]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0803]
RIN 1625-AA11
Security Zone; Coast Guard Sector Key West, Trumbo Point Annex,
Key West Harbor, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a security zone for
certain waters of the Key West Harbor surrounding the Coast Guard
Sector Key West on Trumbo Point Annex. This action is necessary to
safeguard Coast Guard assets in the interest of national security. This
proposed rulemaking would prohibit persons and vessels from being in
the security zone unless authorized by the Captain of the Port Key West
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 December 11, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0803 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Hailye Wilson, Waterways
Management Division, 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, Purpose, and Legal Basis
The Coast Guard Sector Key West, FL and its assets are on property
previously under the control of the Naval Air Station (NAS) Key West,
FL. The current regulations restricting vessel traffic in and around
NAS Key West are found in 33 CFR 334.610 and are only enforceable by
the Commanding Officer of NAS Key West, and certain designated
agencies. Currently, the Coast Guard requires the authority from the
Commanding Officer, NAS Key West, before they can enforce a security
zone in and around Coast Guard property and assets. This additional
step can generate unnecessary delays, which creates security concerns
for the Coast Guard and potential hazards to the public. The Captain of
the Port Key West (COTP) has determined that permanent security zone is
in the interest of national security, the safety of life, and the
prevention of damage to property.
The purpose of this rulemaking is to ensure the security of
vessels, waterfront facilities, and personnel located at the Coast
Guard, Sector Key West. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70051 and 70124.
III. Discussion of Proposed Rule
The COTP is proposing to establish a permanent security zone
surrounding the Coast Guard Sector Key West, located adjacent to Trumbo
Point Annex, Naval Air Station Key West. The security zone would cover
all navigable waters within 100 yards of the Coast Guard Sector Key
West. No vessel, other than Government-owned vessels and specifically
authorized private craft, or persons would be permitted to stop or land
in the security zone. 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 fact that the
area covered by the permanent security zone created by this rulemaking
is already a regulated restricted area as contained in 33 CFR 334.610.
Unauthorized vessels and persons have not been allowed to stop and land
within 100 yards of the Coast Guard base on Trumbo Point Annex through
the regulation in Sec. 334.610. This rulemaking allows the Coast Guard
to enforce the restricted area through a security zone. Additionally,
the security zone only extends 100 yards from the Coast Guard Sector
Key West, located adjacent to Trumbo Point Annex, Naval Air Station Key
West and does not impede any regular vessel traffic (i.e., cruise
ships, ferries, small passenger vessels, etc.). Vessels will be able to
transit safely around the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
For the reasons stated in section IV.A above, this proposed rule
would not have a significant economic impact on any vessel owner or
operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
[[Page 77243]]
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a security
zone that would prohibit vessels and persons from stopping or landing
within 100 yards of the United Sates Coast Guard base on Trumbo Point
Annex. 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-2023-0803 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.764 to read as follows:
Sec. 165.764 Security Zone; Coast Guard Sector Key West, Trumbo Point
Annex, Key West Harbor, Key West, FL.
(a) Location. The following area is a security zone: All waters
within 100 yards of the Coast Guard Sector Key West, from surface to
bottom, encompassed by a line that extends north 100 yards into the
Fleming Key Channel from point 24[deg]34'02'' N, 81[deg]47'52.7'' W;
thence westerly, maintaining 100 yards from the Coast Guard property;
thence southerly, 100 yards from the end of the piers; thence
[[Page 77244]]
easterly to 24[deg]33'48.8'' N, 081[deg]47'54.8'' W, and along the
shore line back to the beginning point. These coordinates are based on
North American Datum 1983.
(b) Definitions. As used in this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
U.S. Coast Guard or U.S. naval vessels.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, no person or vessel may enter or remain in the
security zone described in paragraph (a) of this section without the
permission of the Captain of the Port, other than Government-owned
vessels.
(2) While anchoring, loitering, or fishing activities are
prohibited, vessels may transit the following portions of the security
zone at safe speed:
(i) Fleming Key Cut, extending from the northwest corner of Pier D-
3 of U.S. Coast Guard Key West, eastward beneath the Fleming Key
bridge.
(ii) Key West Bight Channel, which extends easterly from the Main
Ship Channel into Key West Bight, the northerly edge of which channel
passes 25 feet south of the U.S. Coast Guard Sector Key West piers on
the north side of the Bight.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-24853 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.272493 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0803-0001/content.htm"
} |
USCG-2023-0809-0001 | Rule | 2023-10-17T04:00:00 | Special Local Regulations; Marine Events Within the Eleventh Coast Guard District-San Diego Fleet Week Veterans Day Boat Parade |
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Page 71481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22882]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0809]
Special Local Regulations; Marine Events Within the Eleventh
Coast Guard District-San Diego Fleet Week Veterans Day Boat Parade.
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulations on
the waters of San Diego Bay, CA, during the San Diego Fleet Week
Veterans Day Boat Parade on November 12, 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 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 100.1101 for the location described in
Item No. 17 in table 1 to Sec. 100.1101, will be enforced from 8:30
a.m. until noon on November 12, 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. 17 in table 1 to Sec. 100.1101, from 8:30 a.m. until noon on
November 12, 2023, for the San Diego Fleet Week Veterans Day Boat
Parade 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. 17 in table 1 to Sec. 100.1101,
specifies the location of the regulated area for the San Diego Fleet
Week Veterans Day Boat Parade, 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 Local Notice to Mariners and marine
information broadcasts.
Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-22882 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.274433 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0809-0001/content.htm"
} |
USCG-2023-0811-0001 | Rule | 2023-10-05T04:00:00 | Coast Guard Sector Juneau; Sector Name Conforming Amendment |
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69034-69036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21877]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 162 and 165
[Docket Number USCG-2023-0811]
Coast Guard Sector Juneau; Sector Name Conforming Amendment
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes non-substantive changes to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The purpose of this rule is to reflect that U.S. Coast
Guard Sector Juneau has been renamed U.S. Coast Guard Sector Southeast
Alaska. This rule will have no substantive effect on the regulated
public.
[[Page 69035]]
DATES: This rule is effective 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-
2023-0811 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 Stephen Speer, District 17 Legal Office, U.S.
Coast Guard; telephone 907-463-2053, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and Rescue
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
For the last several years, the Coast Guard has sought to better
align the names of its assets to correspond to the area of
responsibility which they serve. Review of the missions and engagements
within the southeastern Alaska region highlighted that ``Sector
Juneau'' alone did not adequately capture the breadth and range of
Coast Guard operations and relationships throughout southeast Alaska.
The Coast Guard has approved the name change to U.S. Coast Guard Sector
Southeast Alaska to acknowledge the long-standing commitment to all
communities of southeast Alaska and to reaffirm the multi-mission
support that the Coast Guard provides to ensure safety at sea and
enhanced maritime governance. The geographic boundaries of Sector
Southeast Alaska are not changing, and its office is not moving from
Juneau, AK.
We did not publish a notice of proposed rulemaking (NPRM) before
this final rule. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because the changes it makes are conforming amendments involving agency
organization. The Coast Guard also finds good cause exists under 5
U.S.C. 553(b)(B) for not publishing an NPRM because the changes will
have no substantive effect on the public and notice and comment are
therefore unnecessary. For the same reasons, the Coast Guard finds good
cause exists under 5 U.S.C. 553(d)(3) to make the rule effective fewer
than 30 days after publication in the Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 14 U.S.C.
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations
necessary to implement technical, organizational, and conforming
amendments and corrections to rules, regulations, and notices.
On July 17, 2023, the Coast Guard issued Operating Facility Change
Order (OFCO) No. 020-23 which changed the official unit name of U.S.
Coast Guard Sector Juneau to U.S. Coast Guard Sector Southeast Alaska.
The previous name of Sector Juneau is described and reflected in
regulations, which also contain contact details and other references to
Sector Juneau. These conforming amendments update those regulations so
that they contain current information.
Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
the authority to establish and prescribe the purpose of Coast Guard
Shore establishments. This authority has been delegated to the Chief of
the Coast Guard's Office of Regulations and Administrative Law under 33
CFR 1.05-1(h).
IV. Discussion of the Rule
OFCO No. 020-23, issued July 17, 2023, changed the official unit
name of U.S. Coast Guard Sector Juneau to U.S. Coast Guard Sector
Southeast Alaska. The July 2023 OFCO did not change the area of
responsibility (AOR). The AOR of U.S. Coast Guard Sector Southeast
Alaska is identical to that of what was U.S. Coast Guard Sector Juneau.
All authorities and responsibilities previously assigned to Commander,
U.S. Coast Guard Sector Juneau have been assigned to Commander, U.S.
Coast Guard Sector Southeast Alaska. Additionally, all authorities that
were vested in the Commander, U.S. Coast Guard Sector Juneau as it
pertains to the COTP, the OCMI, the Federal On Scene Coordinator, the
Federal Maritime Security Coordinator, and the Search and Rescue
Coordinator, have been assigned to Commander, U.S. Coast Guard Sector
Southeast Alaska. This rule does not change any sector, OCMI, or COTP
zone boundary lines, nor does it have any substantive impact on
existing regulated navigation area, safety zone, or security zone
regulation, or any naval vessel protection zones.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under 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.
This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.
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.
For the reasons stated in section V.A. above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''
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.
[[Page 69036]]
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 consists only of
an organizational amendment. It is categorically excluded from further
review under paragraph L3 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1, Implementation of the National
Environmental Policy Act.
List of Subjects
33 CFR Part 3
Organizations and functions (Government agencies).
33 CFR Part 162
Navigation (water), Waterways.
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 parts 3, 162 and 165 as follows:
PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION
ZONES, AND CAPTAIN OF THE PORT ZONES
0
1. The authority citation for part 3 is revised to read as follows:
Authority: 14 U.S.C. 501, 504; Public Law 107-296, 116 Stat.
2135; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
Sec. 3.85-10 [Amended]
0
2. In Sec. 3.85-10--
0
a. In the section heading, remove the text ``Juneau:'',
0
b. In the first sentence, remove the word ``Juneau's'' and add, in its
place, the words ``Southeast Alaska's'', and
0
c. In the second sentence, remove the word ``Juneau's''.
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
3. The authority citation for part 162 continues to read as follows:
Authority: 46 U.S.C. 70034; DHS Delegation No. 00170.1, Revision
No. 01.3.
Sec. 162.240 [Amended]
0
4. In Sec. 162.240 amend paragraph (d) by removing the word ``Juneau''
and adding, in its place, the words ``Southeast Alaska''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. 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.
Sec. 165.1712 [Amended]
0
6. In Sec. 165.1712(d)(3), remove the word ``Juneau'' and add, in its
place, the words ``Southeast Alaska''.
Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-21877 Filed 10-4-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.275489 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0811-0001/content.htm"
} |
USCG-2023-0812-0001 | Rule | 2023-10-04T04:00:00 | Safety Zone, Upper Mississippi River MM 660.5–659.5, Lansing, Iowa |
[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68463-68465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21885]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0812]
RIN 1625-AA00
Safety Zone, Upper Mississippi River MM 660.5-659.5, Lansing,
Iowa
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 without actual notice from October 4,
2023 through October 27, 2023. For the purposes of enforcement, actual
notice will be used from September 29, 2023 until October 4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0812 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 September 29, 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 September 29, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector 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 September 29, 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 September 29 until October 27,
2023. Vessel traffic will be able to safely transit around this safety
zone when the safety zone is not enforced.
[[Page 68464]]
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, 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.T08-0812 to read as follows:
Sec. 165.T08-0812 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 September 29, 2023, through October 27, 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),
[[Page 68465]]
and/or Safety Marine Information Broadcast (SMIB) as appropriate.
Dated: September 27, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-21885 Filed 10-3-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.277168 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0812-0001/content.htm"
} |
USCG-2023-0814-0001 | Rule | 2023-12-15T05:00:00 | Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Savannah, GA |
[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86822-86823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27617]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0814]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Causton Bluff, SR 26, Bridge across the Atlantic
Intracoastal Waterway, mile 579.9, near Causton Bluff, GA. The
drawbridge was replaced with a fixed bridge and the bascule span leaves
have been removed from the structure. The operating regulation is no
longer applicable or necessary.
DATES: This rule is effective December 15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0814) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email 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
Pub. L. Public Law
Sec. Section
GA Georgia
AICW Atlantic Intracoastal Waterway
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this 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), 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 unnecessary. The Causton Bluff,
SR 26, Bridge, that once required draw operations in 33 CFR 117.353(b),
was removed and replaced with a fixed bridge in October 2023.
Therefore, the regulation is no longer applicable and shall be removed
from publication. It is unnecessary to publish an NPRM because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no use or value
because the new bridge does not open.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been replaced with
a fixed bridge and this rule merely requires an administrative change
to the Federal Register, in order to omit a regulatory requirement that
is no longer applicable or necessary. The modification has already
taken place and the removal of the regulation will not affect mariners
currently operating on this waterway. Therefore, a delayed effective
date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Causton Bluff, SR 26, Bridge was removed and replaced with a
fixed bridge in October 2023. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.353(b), that pertains to the former drawbridge.
The purpose of this rule is to remove the section (b) of 33 CFR
117.353 that refers to the Causton Bluff, SR 26, Bridge at mile 579.9,
from the Code of Federal Regulations since it governs a bridge that is
no longer able to be opened.
IV. Discussion of Final Rule
The Coast Guard is removing the regulation in 33 CFR 117.353
related to the draw operations for this bridge because it is no longer
a drawbridge. The change removes the section (b) of the regulation
governing Causton Bluff, SR 26, Bridge since the bridge has been
[[Page 86823]]
replaced with a fixed bridge. This final rule seeks to update the CFR
by removing language that governs the operation of the Causton Bluff,
SR 26, Bridge, which in fact is no longer a drawbridge. This change
does not affect waterway or land traffic. This change does not affect,
nor does it alter the operating schedules in 33 CFR 117.353 that govern
the remaining active drawbridges on the Atlantic Intracoastal Waterway,
Savannah River to St. Marys River.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that the
bridge was replaced with a fixed bridge and no longer operates as a
drawbridge. The removal of the operating schedule from 33 CFR 117
Subpart B will have no effect on the movement of waterway or land
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above this final 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1. Revision No. 01.3.
Sec. 117.353 [Amended]
0
2. Amend Sec. 117.353 by removing and reserving paragraph (b).
Dated: December 11, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-27617 Filed 12-14-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.278263 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0814-0001/content.htm"
} |
USCG-2023-0815-0001 | Rule | 2023-10-11T04:00:00 | Safety Zone; Southport Swing Bridge, Southport, ME |
[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
[Rules and Regulations]
[Pages 70360-70363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22340]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0815]
RIN 1625-AA00
Safety Zone; Southport Swing Bridge, Southport, ME
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Townsend Gut within a 50-yard radius from the
center of the Southport Swing Bridge, in Southport, ME. When enforced,
this regulation will prohibit waterside entry of vessels or persons
into the safety zone unless authorized by Captain of the Port for
Sector Northern New England or a designated representative. The safety
zone is necessary to protect personnel, vessels, and marine environment
from potential hazards created by construction and remediation of the
Southport Swing Bridge.
DATES: This rule is effective from October 23, 2023 through May 17,
2024. Comments and related material must be received by the Coast Guard
on or before December 11, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0815 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
You may submit comments identified by docket number USCG-2023-0815
using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFROMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Zachary Wetzel, Sector Northern New England, U.S.
Coast Guard; telephone 207-808-9137, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern New England
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 29, 2023, the Coast Guard was made aware by the Cianbro
Companies of the Southport Swing Bridge rehabilitation and construction
project in Southport, ME, Maine DOT Project WIN 021751.01. Marine
construction actions will consist of coating repairs, replacement of
the fender and pier system, full machinery and controls system upgrade,
deck replacement and a number of structural repairs. During these
construction activities work and crane barges are expected to block the
channel and the bridge will be unable to open for vessel traffic. The
Captain of the Port Sector Northern New England (COTP) has determined
that potential hazards associated with the bridge construction would be
a safety concern for anyone within a 50-yard radius of the center point
of the bridge. If the project is completed prior to May 17, 2024,
[[Page 70361]]
enforcement of the safety zone will be suspended and notice given via
Broadcast Notice to Mariners, Local Notice to Mariners, or both. The
Coast Guard anticipates that this safety zone period is the first in a
several year multi-phase bridge construction and remediation project.
The Coast Guard will consider comments in issuing a subsequent
temporary interim rule or temporary final rule.
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 rule because doing so
would be impracticable and contrary to the public interest. The notice
allowing the construction project to proceed and providing updated
timelines for the project was only recently finalized and provided to
the Coast Guard, which did not give the Coast Guard enough time to
publish a NPRM, take public comments, and issue a final rule before the
existing regulation expires. Timely action is needed to respond to the
potential safety hazards associated with the construction and
rehabilitation the Southport Swing Bridge. It would be impracticable
and contrary to the public interest to publish a NPRM because we must
establish the safety zone as soon as possible to protect the safety of
the waterway users, construction crew, and other personnel associated
with the bridge project. A delay of the project to accommodate a full
notice and comment period would delay necessary operations, result in
increased costs, and delay the completion date of the bridge project
and subsequent reopening of the Southport Swing Bridge for normal
operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For reasons stated in the
preceding paragraph, delaying the effective date of this rule would be
impracticable and contrary to the public interest because timely action
is needed to respond to the potential safety hazards associated with
the project.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
Coast Guard is issuing this temporary interim rule under authority
in 46 U.S.C. 70034. The COTP determined that potential hazards
associated with this bridge construction and remediation project will
be a safety concern for anyone within the work zone through May 17,
2024. The construction and remediation of the bridge will be extremely
complex and present many safety hazards including overhead operations,
potential falling debris, and barges positioned along the length of the
bridge. In order to mitigate the inherent risks involved with the
remediation of a bridge, it is necessary to control vessel movement
through the area. The purpose of this temporary interim rule is to
ensure the safety of the waterway users, the public, and construction
workers for the duration of the bridge construction. In order to
minimize such unexpected or uncontrolled movement of water no vessel
may stop, moor, anchor, or loiter within the safety zone at any time
unless receiving permission from the COTP or a designated
representative. This temporary interim rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the bridge construction project.
IV. Discussion of the Rule
This temporary interim rule establishes a temporary safety zone
from October 23, 2023, through May 17, 2024. This rule will prohibit
all persons and vessel traffic from the safety zone unless exceptions
are authorized by the COTP or a designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any enforcement.
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, duration, and time-of-day of the safety zone. The safety zone
is only in effect for navigable water of the Townsend Gut within a 50-
yard radius of the center point of the Southport Swing Bridge. This
waterway is typically transited by smaller craft on an infrequent basis
over the winter months. Vessel traffic is able to safely transit around
this safety zone with a slight delay (approximately 30-120 minutes) by
transiting around Southport Island to reach any destination on the
other side of Townsend Gut. Additionally, the rule allows vessels to
seek permission to enter the zone. Moreover, the Coast Guard will
notify the public of enforcement of this rule via appropriate means,
such as via Local Notice to Mariners and Broadcast Notice to Mariners
via marine Channel 16 (VHF-FM).
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 temporary interim 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 temporary interim rule. If this rule
would affect your small
[[Page 70362]]
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 that will prohibit entry within a 50-yard radius
from the center of the Southport Swing Bridge during its construction
and rehabilitation. 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 http://www.regulations.gov. To do
so, go to https://www.regulations.gov, type USCG-2023-0815 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 http://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
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 rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comment we post
to http://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.T01-0815 to read as follows:
Sec. 165.T01-0815 Safety Zone; Southport Swing Bridge, Southport,
ME.
(a) Location. The following area is a safety zone. All navigable
waters on Townsend Gut within a 50-yard radius from the center of the
Southport Swing Bridge, in Southport, ME, in position 43[deg]50'33.9''
N 69[deg]39'14.4'' W (NAD 83).
(b) Definitions. As used in this section:
Designated representative means any Coast Guard commissioned,
warrant,
[[Page 70363]]
petty officer, or any federal, state, or local law enforcement officer
who has been designated by the Captain of the Port Northern New England
(COTP), to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation. Official patrol vessels mean any Coast Guard, Coast
Guard Auxiliary, state, or local law enforcement vessels assigned or
approved by the COTP to enforce this section.
(c) Effective and Enforcement Period. The safety zone in paragraph
(a) of this section is in effect from October 23, 2023, through May 17,
2024, and is subject to enforcement 24 hours a day.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in 33 CFR 165.23 apply:
(1) No person or vessel may enter or remain the safety zone
described in paragraph (a) without the permission of the COTP or the
COTP's designated representative. However, any vessel that is granted
permission to enter or remain in this zone by the COTP or the COTP's
designated representative must proceed through the zone with caution
and operate at a speed no faster than that speed necessary to maintain
a safe course, unless otherwise required by the Navigation Rules.
(2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or other means, the operator
of a vessel within the zone shall proceed as directed. Any person or
vessel within the safety zone shall exit the zone when directed by the
COTP or the COTP's designated representative.
(3) To obtain permission required by this regulation, individuals
may reach the COTP or the COTP's designated representative via Channel
16 (VHF-FM) or (207) 741-5465 (Sector Northern New England Command
Center).
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
Dated: October 2, 2023.
Amy Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2023-22340 Filed 10-10-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.280285 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0815-0001/content.htm"
} |
USCG-2023-0817-0001 | Rule | 2023-10-26T04:00:00 | Special Local Regulations; Key West World Championship, Key West, FL |
[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Page 73534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23649]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0817]
Special Local Regulations; Key West World Championship, Key West,
FL
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the Key West World Championship to provide for the safety of life on
navigable waterways during this event. Our regulation for marine events
within the Seventh Coast Guard District identifies the regulated area
for this event in Key West, FL. During the enforcement period, no
person or vessel may enter, transit through, anchor in, or remain
within the regulated area without permission from the Captain of the
Port Key West or a designated representative.
DATES: The regulations in 33 CFR 100.701 will be enforced from 10 a.m.
until 7 p.m., on November 8, 10, and 12, 2023, for the location
identified in paragraph (b), Item 4 in table 1 to Sec. 100.701.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Hailye Wilson,
Sector Key West Waterways Management Division, Coast Guard; phone 305-
292-8768, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.701 for the Key West World Championship
regulated area identified in table 1 to Sec. 100.701, paragraph (b),
Item 4, from 10 a.m. to 7 p.m. on November 8, 10, and 12, 2023. This
action is being taken to provide for the safety of life on navigable
waterways during this 3-day event. Our regulation for recurring marine
events, Sector Key West, Sec. 100.701, paragraph (b), Item 4,
specifies the location of the regulated area for the Key West World
Championship, which encompasses a portion of the Atlantic Ocean located
southwest of Key West, Florida. During the enforcement period, as
reflected in Sec. 100.701(c), all persons and vessels, except those
persons and vessels participating in the high speed boat races, are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area without obtaining permission from
the Captain of the Port Key West or a designated representative.
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, marine information broadcasts,
or both.
Jason Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-23649 Filed 10-25-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.283234 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0817-0001/content.htm"
} |
USCG-2023-0818-0001 | Rule | 2023-10-27T04:00:00 | Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA |
[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Rules and Regulations]
[Pages 73756-73758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23865]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0818]
RIN 1625-AA00
Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the vicinity of General Dynamics NASSCO shipyard in
San Diego Bay, San Diego, CA, during the launch of the USNS Robert
Kennedy. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
launching and subsequent berthing of the USNS Robert Kennedy. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector San Diego.
DATES: This rule is effective from 7:30 a.m. on October 28, 2023,
through 10:30 a.m. on October 28, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0818 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 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 it is impracticable. It is
impracticable to publish an NPRM because we must establish this safety
zone by October 28, 2023, to ensure the safety of response personnel
and mariners associated with the launching of the USNS Robert Kennedy.
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 this rule is
needed to protect mariners, commercial and recreational waterway users,
and the USNS Robert Kennedy from dangers associated with the launching
and berthing of the USNS Robert Kennedy on October 28, 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 potential hazards associated with launching of the USNS Robert
Kennedy on October 28, 2023, will be a safety concern for anyone in the
vicinity of the General Dynamics NASSCO shipyard, San Diego Bay, San
Diego, CA. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the USNS Robert Kennedy is being launched.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 a.m. until 10:30 a.m.
on October 28, 2023. The safety zone will be in the vicinity of General
Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA. The safety
zone will cover all navigable waters, from surface to sea bottom, of
the San Diego Bay, CA, created by connecting the following points:
beginning at 32[deg]41.39' N, 117[deg]08.66' W (Point A); thence
running southwesterly to 32[deg]41.24' N, 117[deg]09.05' W (Point B);
thence running southeasterly to 32[deg]41.05' N, 117[deg]08.73' W
(Point C); thence running northeasterly to 32[deg]41.20' N,
117[deg]08.34' W (Point D); thence running northwesterly to the
beginning point. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the USNS Robert Kennedy is being launched. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
To seek permission to enter, hail Coast Guard Sector San Diego on
VHF-FM Channel 16 or call the 24-hour Command Center at (619) 278-7000.
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. A designated representative means a Coast Guard
coxswain or petty officer designated by or assisting the Captain of the
Port Sector San Diego (COTP) in the enforcement of the safety zone.
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 the safety 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and limited duration of the safety zone. This safety zone
impacts a small, designated area of the San Diego Bay for a very
[[Page 73757]]
limited period during the weekend 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 environment. This rule involves a
safety zone lasting three hours that will prohibit entry within certain
navigable waters of San Diego Bay, San Diego, CA in the vicinity of the
General Dynamics NASSCO shipyard. 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:
Sec. 165.T11-136 Safety Zone; Vessel Launch, San Diego Bay, San
Diego, CA.
(a) Location. The following area is a safety zone: All waters of
San Diego Bay, from surface to bottom, encompassed by a line connecting
the following points beginning at 32[deg]41.39' N, 117[deg]08.66' W
(Point A); thence running southwesterly to 32[deg]41.24' N,
117[deg]09.05' W (Point B); thence running southeasterly to
32[deg]41.05' N, 117[deg]08.73' W (Point C); thence running
northeasterly to 32[deg]41.20' N, 117[deg]08.34' W (Point D); thence
running northwesterly to the beginning point.
(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 San Diego (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
[[Page 73758]]
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) 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
the safety zone.
Dated: October 24, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-23865 Filed 10-26-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.284194 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0818-0001/content.htm"
} |
USCG-2023-0823-0001 | Notice | 2023-10-19T04:00:00 | National Maritime Security Advisory Committee; December 2023 Virtual Meeting |
[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72089-72090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23085]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0823]
National Maritime Security Advisory Committee; December 2023
Virtual Meeting
AGENCY: U.S. Coast Guard, Department of Homeland Security.
ACTION: Notice of Federal advisory committee virtual meeting.
-----------------------------------------------------------------------
SUMMARY: The National Maritime Security Advisory Committee (Committee)
will conduct a virtual meeting to discuss the Committee's final
recommendations concerning ways to enhance cyber security information
sharing between the U. S. Coast Guard and Marine Transportation System
(MTS) stakeholders. The virtual meeting will be open to the public.
DATES: Meeting: The Committee will meet virtually on Tuesday, December
5, 2023, from 1 p.m. until 3 p.m. Eastern Standard Time (EST). Please
note this virtual meeting may close early if the Committee has
completed its business.
Comments and supporting documentation: To ensure your comments are
received by Committee members before the virtual meeting, submit your
written comments no later than December 1, 2023.
ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. EST on December 4,
2023, to obtain the needed information. The number of virtual lines are
limited and will be available on a first-come, first-served basis.
Pre-registration information: Pre-registration is required for
attending the virtual meeting. You must request attendance by
contacting the individual listed in the FOR FURTHER INFORMATION CONTACT
section below. You will receive a response with attendance
instructions.
The National Maritime Security Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodations due to a disability to
fully participate, please email Mr. Ryan Owens at ryan.f.owens.uscg.mil
or call (202) 302-6565 as soon as possible.
Instructions: You are free to submit comments at any time,
including orally at the meeting as time permits, But, if you want
Committee members to review your comment before the meeting, please
submit your comments no later than December 1, 2023. We are
particularly interested in comments regarding the topics in the
``Agenda'' section below. 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-2023-0823 in the
search box and click ``Search''. Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the individual in the FOR FURTHER
INFORMATION CONTACT section for alternate instructions. You must
include the docket number USCG-2023-0823. Comments received will be
posted without alteration at https://www.regulations.gov including any
personal information provided. You may wish to review the Privacy and
Security Notice found via a link on the homepage https://www.regulations.gov. For more about the privacy and submissions in
response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020). If you encounter technical
difficulties with comment submission, contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section of this notice.
Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov, and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, Alternate Designated
Federal Officer of the National Maritime Security Advisory Committee,
2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593, Stop 7581,
Washington, DC 20593-7581; telephone 202-302-6565 or via email at
[email protected].
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act, (Pub. L. 117-286, 5 U.S.C., ch.
10). The
[[Page 72090]]
Committee is authorized, by section 601 of the Frank LoBiondo Coast
Guard Authorization Act of 2018, Public Law 115-282, 132 Stat. 4192,
and is codified in 46 U.S.C. 70112. The Committee operates under the
provisions of the Federal Advisory Committee Act and 46 U.S.C. 15109.
The National Maritime Security Advisory Committee provides advice,
consults with, and makes recommendations to the Secretary of Homeland
Security, via the Commandant of the U.S. Coast Guard, on matters
relating to national maritime security.
Agenda
Tuesday, December 5, 2023
(1) Call to Order.
(2) Introduction.
(3) Designated Federal Officer Remarks.
(4) Roll call of Committee members and determination of quorum.
(5) Remarks from Committee Leadership.
(6) Presentation and discussion of final recommendations to Task T-
2022-5: Working
Group on Cybersecurity Information Sharing.
(7) Public Comment Period.
(8) Adjournment of Meeting.
A copy of all meeting documentation will be available at https://homeport.uscg.mil/NMSAC no later than December 4, 2023. Alternatively,
you may contact Mr. Ryan Owens as noted in the FOR FURTHER INFORMATION
section above.
There will be a public comment period at the end of meeting.
Speakers are requested to limit their comments to 3 minutes. Please
note that the public comment period may end before the period allotted,
following the last call for comments. Please contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section above to register
as a speaker.
Dated: October 16, 2023.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2023-23085 Filed 10-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.285795 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0823-0001/content.htm"
} |
USCG-2023-0824-0001 | Notice | 2023-12-04T05:00:00 | Request for Information on the Coast Guard Implementation of a Western Alaska Oil Spill Planning Criteria Program |
[Federal Register Volume 88, Number 231 (Monday, December 4, 2023)]
[Notices]
[Pages 84157-84161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26533]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0824]
Request for Information on the Coast Guard Implementation of a
Western Alaska Oil Spill Planning Criteria Program
AGENCY: Coast Guard, DHS.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The Don Young Coast Guard Authorization Act of 2022 mandated
the Coast Guard create planning criteria for vessel response plans
(VRPs) distinct to the Western Alaska and Prince William Sound Captain
of the Port zones. These criteria must include minimum response times,
improvements to wildlife response, and consideration of prevention and
mitigation measures. The Coast Guard seeks input from the public to
establish these VRP planning criteria. The information will assist the
Coast Guard in potentially developing a regulatory proposal to support
the mandate.
DATES: Comments must be received by the Coast Guard on or before March
4, 2024.
[[Page 84158]]
ADDRESSES: You may submit comments using the Federal Decision-Making
Portal at www.regulations.gov. See the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Lieutenant Commander Adriana Gaenzle, U.S. Coast Guard;
telephone 202-372-1226, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation and Comments
The U.S. Coast Guard views public participation as essential to
understanding vessel oil spill response planning and capabilities in
remote areas of Alaska. The Coast Guard will consider all information
and material received during the comment period. If you submit a
comment, please include the docket number for this request for
information, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Methods for submitting comments. We encourage you to submit
comments through the Federal Decision-Making Portal at
www.regulations.gov. To do so, go to www.regulations.gov, type USCG-
2023-0824 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
www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Public comments will be posted in our online docket at
www.regulations.gov and can be viewed by following that website's
instructions, provided on its Frequently Asked Questions page. We
review all comments received, but we will only post comments that
address the topic of this request for information. We may choose not to
post off-topic, inappropriate, or duplicate comments that we receive.
The Coast Guard will not issue a separate response to the comments
received but will carefully consider each submission. The Coast Guard
may also introduce regulatory changes and update policy related to this
topic. If the Coast Guard were to undertake any regulatory or policy
changes as a result of comments received, that change would be
announced separately.
Personal information. We accept anonymous comments. Comments we
post to www.regulations.gov will include any personal information you
have provided. For more information about privacy and submissions to
the docket in response to this document, see the Department of Homeland
Security's (DHS) eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
II. Abbreviations
APC Alternative Planning Criteria
CFR Code of Federal Regulations
CGAA 2022 Don Young Coast Guard Authorization Act of 2022
CG-543 Coast Guard Office of Vessel Activities
CG-MER Coast Guard Office of Marine Environmental Response Policy
COTP Captain of the Port
D17 Coast Guard Seventeenth District
GAO U.S. Government Accountability Office
MORPAG Maritime Oil-spill Response Plan Advisory Group
MSIB Marine Safety Information Bulletin
NPC National Planning Criteria
NSFCC National Strike Force Coordination Center
NTV Nontank Vessel
NTV final rule Nontank Vessel Response Plans and Other Response Plan
Requirements final rule
OPA 90 Oil Pollution Act of 1990
OSRO Oil Spill Removal Organization
RFI Request for information
VRP Vessel response plan
III. Purpose
The U.S. Coast Guard is issuing this request for information (RFI)
to collect opinions, ideas, recommendations, and concerns related to
the Coast Guard's mandate to create planning criteria for vessel
response plans (VRPs) distinct to the Western Alaska and Prince William
Sound Captain of the Port (COTP) zones. The Coast Guard is tasked with
developing planning criteria suitable for operating areas where
response capability is currently inadequate.
The Coast Guard will use the public comments received in response
to this RFI to better understand industry limitations, environmental
concerns, and tribal concerns.
IV. Background
Under title 33 of the Code of Federal Regulations (CFR) sections
155.1015 and 155.5015, VRPs are required to cover all navigable waters
of the United States in which a vessel operates. Several areas under
U.S. jurisdiction do not have sufficient resources to meet the national
planning criteria (NPC) prescribed under 33 CFR part 155. In remote
areas, where adequate response resources are not available, or the
available commercial resources do not meet the required planning
criteria for where the vessels are operating, a vessel owner or
operator may request that the Coast Guard accept an alternative
planning criteria (APC).
In August 2009, the Coast Guard Office of Vessel Activities (CG-
543) published CG-543 Policy Letter 09-02,\1\ ``Industry Guidelines for
Requesting Alternative Planning Criteria Approval, One Time Waivers and
Interim Operating Authorization,'' to provide guidance to the maritime
industry in applying for an APC pursuant to 33 CFR.1065(f).
---------------------------------------------------------------------------
\1\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/CG-CVC/Policy%20Letters/2009/CG-543_pol09-02.pdf (last accessed
November 14, 2023).
---------------------------------------------------------------------------
On September 30, 2013, the U.S. Coast Guard published the Nontank
Vessel Response Plans and Other Response Plan Requirements final rule
(hereafter the ``NTV final rule'') (78 FR 60124), requiring nontank
vessels (NTVs) over 400 gross tons to submit VRPs, which made the NCP
in 33 CFR part 155 applicable to thousands of additional vessels across
the United States, including geographic areas with limited commercially
available response resources. Over time, it became apparent that
additional guidance would be useful in addressing compliance issues
that had developed from the promulgation of the NTV final rule.
In 2015, Coast Guard Seventeenth District (D17) published a Marine
Safety Information Bulletin (MSIB) \2\ that provided guidance for APC
submissions and expectations within the Western Alaska, Prince William
Sound, and Southeast Alaska COTP zones, with a focus on NTV traffic.
D17 received a multitude of comments from various sectors of the
maritime industry on the MSIB. After reviewing the comments, the Coast
Guard chose to update the national APC guidance rather than singularly
focusing on APC guidelines specific to Alaska.
---------------------------------------------------------------------------
\2\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2015/008_15_8-26-2015.pdf (last accessed November 14, 2023).
---------------------------------------------------------------------------
On October 12, 2017, the U.S. Coast Guard Office of Marine
Environmental Response Policy (CG-MER) issued CG-MER Policy Letter 01-
17, ``Alternative Planning Criteria National Guidelines for Vessel
Response Plans'' to provide consistent guidelines nationally for
evaluating proposed APCs, applicable to tank and NTVs. That policy
letter was canceled with the publication, on March 15, 2023, of CG-MER
Policy Letter 01-17, Change 1,\3\ ``Change 1 to Alternative
[[Page 84159]]
Planning Criteria National Guidelines for Vessel Response Plans'' to
reduce the administrative burden on industry and clarify the APC
submission process.
---------------------------------------------------------------------------
\3\ https://homeport.uscg.mil/Lists/Content/Attachments/2781/CG-MER%20Policy%20Letter%2001-17%20Change%201%20-%Mar%202023%20(Signed).pdf (last accessed November 15, 2023).
---------------------------------------------------------------------------
From 2019-2020, the U.S. Government Accountability Office (GAO)
conducted an audit to review the VRP program. The GAO provided CG-MER
with recommendations, including ensuring that resources identified in a
VRP are available to respond, and retaining Coast Guard personnel with
local knowledge when evaluating APCs. In April of 2020, the U.S. Coast
Guard established the Maritime Oil-spill Response Planning Advisory
Group (MORPAG) to analyze processes internal to Coast Guard management
of VRPs and APCs, and that final report was submitted to CG-MER in
March 2023.
In September 2020, the GAO issued their final report analyzing the
Coast Guard's processes for reviewing, evaluating, and approving VRPs.
That audit report, ``Improved Analysis of Vessel Response Plan Use
Could Help Mitigate Marine Pollution Risk,'' GAO-20-554, can be found
online at https://www.gao.gov/assets/720/710034.pdf.
The Don Young Coast Guard Authorization Act of 2022 (CGAA 2022),\4\
passed in December of 2022 (Public Law 117-263), includes a section
designed to address the specific needs of Western Alaska. Section 11309
mandates the Coast Guard create a Western Alaska Oil Spill Planning
Criteria Program to include vessel oil spill planning criteria specific
to Western Alaska.
---------------------------------------------------------------------------
\4\ https://www.govinfo.gov/content/pkg/CRPT-117hrpt282/html/CRPT-117hrpt282.htm (last accessed November 14, 2023).
---------------------------------------------------------------------------
On March 30, 2023, the Coast Guard published an RFI seeking public
input on the MORPAG recommendations (88 FR 19159) \5\ to improve the
VRP program and policies and enhance the Coast Guard's mission in
marine environmental protection from oil spills.
---------------------------------------------------------------------------
\5\ https://www.federalregister.gov/documents/2023/03/30/2023-06611/request-for-information-on-coast-guard-vessel-response-plan-and-maritime-oil-spill-response-plan.
---------------------------------------------------------------------------
In April 2023, CG-MER established the Marine Environmental Response
Criteria Action Team (MERCAT) to analyze, develop, and implement
Section 11309 of the CGAA 2022, Western Alaska Oil Spill Planning
Criteria, as well as reconcile MORPAG recommendations into the VRP
program, where appropriate. As outlined in the CGAA 2022, Western
Alaska Oil Spill planning criteria should include:
(1) Mechanical oil spill response resources that are required to be
located within any part of the area of responsibility of the Western
Alaska COTP zone or the Prince William Sound COTP zone for where it has
been determined that NPCs are inappropriate for a vessel operating in
that area.
(2) Response times for mobilization of oil spill response resources
and arrival on the scene of a worst-case discharge or substantial
threat of such a discharge.
(3) Pre-identified vessels for oil spill response that are capable
of operating in the ocean environment.
(4) Ensuring the availability of at least one Oil Spill Removal
Organization (OSRO) that is classified by the Coast Guard and that:
(a) Can respond in all operating environments in that area.
(b) Controls dedicated and nondedicated oil spill response
resources through ownership, contracts, agreements, or other approved
means, sufficient--
(i) To mobilize and sustain a response to a worst-case discharge of
oil and
(ii) To contain, recover, and temporarily store discharged oil.
(c) Has pre-positioned oil spill response resources in strategic
locations throughout the area in a manner that ensures the ability to
support response personnel, marine operations, air cargo, or other
related logistics infrastructure.
(d) Has temporary storage capability using both dedicated and non-
dedicated assets located in the area.
(e) Has non-mechanical oil spill response resources capable of
responding to a discharge of persistent oil and a discharge of
nonpersistent oil, whether the discharged oil was carried by a vessel
as fuel or cargo; and
(f) Has wildlife response resources for primary, secondary, and
tertiary responses to support carcass collection, sampling, deterrence,
rescue, and rehabilitation of birds, sea turtles, marine mammals,
fishery resources, and other wildlife.
(5) With respect to tank barges carrying non-persistent oil in bulk
as cargo, oil spill response resources that are required to be carried
on board.
(6) Specifying a minimum length of time that approval of a VRP
using Western Alaska planning criteria is valid.
(7) Managing wildlife protection and rehabilitation, including
identified wildlife protection and rehabilitation resources in the
area.
Additional considerations for Western Alaska Oil Spill planning
criteria may include:
(1) Vessel routing measures consistent with international routing
measure deviation protocols.
(2) Maintenance of real-time continuous vessel tracking,
monitoring, and engagement protocols with the ability to detect and
address vessel operation anomalies.
(3) Creation of subregions where response needs and capabilities
may require different planning criteria.
V. Request for Information
The Coast Guard requests relevant comments and information from the
public regarding the mandate to create planning criteria unique for
VRPs in the Western Alaska COTP zone. We will use feedback provided to
develop proposed planning criteria for public comment. We ask that you
also keep in mind the Coast Guard's mission to ensure a safe, secure,
and resilient marine transportation system that facilitates commerce
and protects national security interests. Commenters should feel free
to answer as many questions as they would like, but also provide
specificity, detail, and the logic behind any finding or numerical
estimates. Listed below are questions to guide your responses. We want
and encourage your feedback.
(1) Should NPC remain the standard where response capability is
sufficient to support a vessels' planning requirements?
(2) What criteria should the Coast Guard use to determine realistic
response times for resources, while ensuring an effective response in
Western Alaska?
(3) With the potential growth in maritime shipping in the arctic
environment, how can the planning criteria be written to ensure
response capability increases with the growth and additional risk
presented by vessels operating in Western Alaska?
(4) OSRO classification is not determined based on vessels'
response requirements, and participation in the OSRO classification
program is voluntary. Because of this, VRP compliance cannot be
determined through OSRO classification. Should the OSRO classification
program be changed so that it directly affects VRP compliance
determination?
(5) Should the Coast Guard establish a unique classification scheme
for OSROs in Alaska based on the proposed Western Alaska Planning
Criteria?
(6) Since NPC is the current planning standard, should the Coast
Guard create subregions in Western Alaska to address different planning
criteria based on operating environment, traffic patterns, and response
capability to ensure NPC remains the standard where it is achievable?
(7) Should the Coast Guard establish subregions to proactively plan
for expected vessel traffic increases in
[[Page 84160]]
certain areas? If so, how should we do this?
(8) How could planning criteria be written for a vessel's
destination instead of requiring planning for multiple subregions on a
vessel's route?
(9) Some resources that response providers rely on are not owned or
controlled by the provider. Some may be used for other purposes or may
be resources of opportunity and not always be immediately available to
respond. Should regulations require periodic audits of a providers'
response resources to ensure the resources identified in a VRP are
available and capable of responding within the required time?
(10) How should the criteria be written to ensure an OSRO has
wildlife response resources? What types of wildlife response resources
would be appropriate, and how would the Coast Guard verify these?
(11) How should the Coast Guard ensure that all stakeholders' and
affected parties' concerns have been heard or received? What
recommendations do you have to maximize outreach and understanding of
any new planning standard?
(12) APC is intended to minimize the impact to maritime commerce
where response capabilities in remote areas are insufficient for VRP
compliance. In situations where a vessel needs to operate in a remote
area and cannot comply with Western Alaska Planning Criteria, should
APC be an option for VRP approval, or should the Coast Guard deny a
vessel from operating there? Please describe any costs you may incur
because of this change.
(13) If the Coast Guard needs to establish one set of Western
Alaska Planning Criteria for all areas of the Western Alaska and Prince
William Sound COTP zones where NPC cannot be met, given the current
variation in response capabilities across these areas, how could the
Coast Guard design these planning criteria to ensure that greater
response capability is maintained in those areas where it is needed?
(14) Should the criteria require response gear on all tank barges
or only tank barges carrying non-persistent oil?
(15) As a tank or NTV owner or operator who owns or operates
vessel(s) that carry the types of oil defined in 33 CFR part 155, how
would the adoption of the Western Alaska (Western Alaska COTP zone in
addition to the Prince William Sound COTP zone) oil spill planning
criteria, or the adoption of subregions for planning purposes, impact
your business? Please describe in detail the positive (beneficial) or
negative (costs) economic impacts this would have on your business.
(16) What would you need to do to meet the Western Alaska oil spill
planning criteria or the adoption of a Western Alaska subregion that
you are not already doing under the national planning criteria in 33
CFR part 155? For example, would you need to hire new employees,
implement additional training, drills, and exercises, purchase new
equipment, and keep records (time and paperwork costs) to meet the oil
spill planning criteria described in the 2022 Coast Guard Authorization
Act?
For questions 17-22, please identify if the response is specific to
tank, NTV, or both.
(17) If you are a tank or NTV vessel owner, and taking into
consideration the current regulations for VRPs for tank and NTV vessels
in 33 CFR part 155, what would you specifically need to do to your
current VRP to comply with the adoption of the Western Alaska oil spill
planning criteria or the adoption of a Western Alaska subregion, which
includes the surrounding areas, as described in the Coast Guard
Authorization Act of 2022? What additional costs would be incurred
beyond the existing VRP regulations or under the national planning
criteria in 33 CFR part 155?
(18) If you are a small entity (small business, small organization,
or small governmental jurisdiction) that owns tank or NTV vessels, how
would the adoption of the Western Alaska oil spill planning criteria or
the adoption of a Western Alaska subregion and the surrounding areas
impact your business? Please be specific and describe any positive
(beneficial) or negative (costs) impacts this would have on your
business or organization.
(19) As a tank or NTV vessel owner or operator, would adoption of
the Western Alaska oil spill planning criteria or the adoption of a
Western Alaska subregion affect your insurance costs and liability
coverage? If so, please be specific and describe any economic impacts
this may have.
(20) As a tank or NTV vessel owner or operator, if the planning
criteria required in a subregion were more stringent than that of the
Western Alaska oil spill planning criteria, what would be the economic
impact (costs and benefits, if any) of this difference on your
business? Please be specific and describe in detail the nature of this
difference on your business.
(21) As a tank or NTV vessel owner or operator, would you need to
modify your current response plan, through contract or other means, to
ensure the availability of an OSRO to respond to a shoreline oil spill
in the Western Alaska area or Western Alaska subregion, as described in
the CGAA 2022? Please be specific in your response and state why you
believe this may or may not be necessary.
(22) As a tank or NTV vessel owner or operator, what would it cost
to develop and submit a new VRP that contains APC as defined in 33 CFR
sections155.1065 and 155.5067 for the Western Alaska oil spill planning
criteria or planning criteria for a Western Alaska subregion and the
surrounding areas?
(23) If you are a Tribal government, how would the adoption of the
Western Alaska oil spill planning criteria or the adoption of a Western
Alaska subregion and the surrounding areas impact your government?
Please describe in detail the positive (beneficial) or negative
economic and environmental impacts (costs) this would have on your
government.
(24) If you are an OSRO, how would the adoption of the Western
Alaska oil spill planning criteria or the adoption of a Western Alaska
subregion affect your capability to respond to an oil spill in these
areas or subregion? What capital costs would you incur as an OSRO to
meet the planning criteria in these areas or subregion as described in
the CGAA 2022? Please include the time it would take for additional
recordkeeping, if applicable, and the costs associated with any
paperwork.
(25) As an OSRO, do you currently have adequate resources (salvage
and firefighting equipment, lightering, and so on) and capabilities to
respond to an oil spill in the Western Alaska area or Western Alaska
subregion as described in the CGAA 2022? With your current resources
and capabilities, would you be able to respond to an average most
probable discharge, a maximum most probable discharge, or a worst-case
discharge of oil, as defined in 33 CFR part 155, in these areas? If
not, please describe in detail what resources you would need to obtain
or capabilities you would need to develop to respond to an oil spill in
these areas, and the costs associated with these changes.
(26) As an OSRO, would you be able to respond to a discharge of oil
with the adoption of the Western Alaska oil spill planning criteria or
Western Alaska subregion and the surrounding areas in the response
times given in 33 CFR part 155? If not, please describe in detail why
these response times would not be achievable in these areas, and what
would be the appropriate response times you think would be achievable
in these areas. Would pre-positioning of oil spill response resources
be necessary for the Western Alaska area or Western Alaska subregion as
described in the
[[Page 84161]]
CGAA 2022? What would be the additional costs to your business/
organization for changes in the response times in these areas?
(27) Please specify, as a tank or NTV vessel owner or operator, an
OSRO, or any other party that may be affected by the adoption of the
Western Alaska oil spill planning criteria or a Western Alaska
subregion and the surrounding areas, please describe in detail any
other economic impacts, not stated previously, that this change may
have on your business beyond the current requirements listed in 33 CFR
part 1.
(28) Are there any other positive or negative environmental impacts
from this potential action? If so, please provide detail as to how and
what would be impacted. To the degree possible, please provide the
data, impact assessments, and other pertinent background information
necessary to understand and reproduce your results.
Dated: November 28, 2023.
D.S. Tulis,
Director, Emergency Management, U.S. Coast Guard.
[FR Doc. 2023-26533 Filed 12-1-23; 8:45 am]
BILLING CODE P
| uscg | 2024-06-07T20:51:06.287462 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0824-0001/content.htm"
} |
USCG-2023-0825-0001 | Notice | 2023-11-30T05:00:00 | Designation of the Coast Guard Academy Athletics Corporation as a Qualified Organization and Appointment of Dr. Daniel Rose as a Member of the Board of Directors of the Corporation |
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83561-83562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26304]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number: USCG-2023-0825]
Designation of the Coast Guard Academy Athletics Corporation as a
Qualified Organization and Appointment of Dr. Daniel Rose as a Member
of the Board of Directors of the Corporation
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard announces the designation of the Coast Guard
Academy Athletics Corporation (CGAAC) as a qualified non-Federal entity
that can receive support from the Federal Government. Dr. Daniel Rose,
Athletics Director of the Coast Guard Academy, has been appointed to
serve as a member on the Board of Directors of the CGAAC. Dr. Rose will
provide oversight of, advice to, and coordination with, the CGAAC. Dr.
Rose will not participate in the day-to-day operations of the CGAAC.
DATES: The appointment was made October 19, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0825 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 Commander Jeffrey G. Janaro, Coast Guard Academy,
telephone 860-444-8255, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard announces the designation of
the Coast Guard Academy Athletics Corporation (CGAAC) as a ``qualified
organization'' under 14 U.S.C. 953. Section 953 allows the Coast Guard
Academy Alumni Association to establish a ``qualified organization''
solely for the purpose of supporting Coast Guard athletics.
A ``qualified organization'' means an organization (1) that
operates as an organization under subsection (c)(3) of section 501 of
the Internal Revenue Code of 1986 and exempt from taxation under
subsection (a) of that section; (2) for which authorization under
sections 1033(a) and 1589(a) of Title 10 may be provided; and (3)
established by the Coast Guard Academy Alumni Association solely for
the purpose of supporting Coast Guard athletics.
[[Page 83562]]
The Coast Guard also announces the appointment of Dr. Daniel Rose,
the Coast Guard Academy Athletics Director, to serve on the CGAAC Board
of Directors in accordance with 10 U.S.C. 1033. Under 10 U.S.C. 1033
the Secretary of the Department of the Homeland Security is authorized
to appoint, without compensation, an officer to provide oversight of,
advice to, and coordination with, a designated entity, such as CGAAC,
and participation of the member in the activities of the designated
entity, which would not extend to participation in the day-to-day
operations of the entity. This authority of the Secretary is delegated
to the Commandant of the Coast Guard through the Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3 (paragraph II.14).
The effective date of Dr. Rose's appointment is October 19, 2023.
Dr. Rose will serve in his official capacity as the Coast Guard Academy
Athletics Director, without additional compensation, providing
oversight and advice to the CGAAC. Dr. Rose's participation will not
extend to participation in the day-to-day operations of the CGAAC.
M.W. Hammond,
Captain, U.S. Coast Guard, Acting Assistant Superintendent, U.S. Coast
Guard Academy.
[FR Doc. 2023-26304 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.291113 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0825-0001/content.htm"
} |
USCG-2023-0830-0001 | Notice | 2023-11-20T05:00:00 | National Merchant Mariner Medical Advisory Committee; December 2023 Virtual Meeting |
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80733-80734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25618]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0830]
National Merchant Mariner Medical Advisory Committee; December
2023 Virtual Meeting
AGENCY: United States Coast Guard, Department of Homeland Security.
ACTION: Notice of open Federal advisory committee virtual meeting.
-----------------------------------------------------------------------
SUMMARY: The National Merchant Mariner Medical Advisory Committee
(Committee) will conduct a virtual meeting 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 virtual meeting will be open to the public.
DATES: Meeting: The Committee will meet virtually on Tuesday, December
19, 2023, from noon until 3:00 p.m. Eastern Standard Time, (EST). The
virtual meeting 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 meeting, submit your
written comments no later than December 12, 2023.
ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. EST on December 12,
2023, to obtain the needed information.
[[Page 80734]]
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 [email protected] or call 202-372-1361 as soon
as possible.
Instructions: You are free to submit comments at any time,
including orally at the virtual meeting as time permits, but if you
want the Committee members to review your comment before the virtual
meeting, please submit your comments no later than December 12, 2023.
We are particularly interested in comments regarding the topics in the
``Agenda'' section below. 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-2023-0830 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. 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-
0830. Comments received will be posted without alteration at https://www.regulations.gov. including any personal information provided. You
may wish to review the Privacy and Security Notice, found via link on
the homepage 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 this meeting is in compliance with
the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C., ch. 10).
The Committee is authorized by section 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 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, December 19, 2023.
The agenda for the December 19, 2023, meeting is as follows:
(1) Introduction.
(2) Designated Federal Officer Remarks.
(3) Roll call of Committee members.
(4) Adoption of the Agenda.
(5) Acceptance of Minutes from Committee Meeting 5.
(6) U.S. Coast Guard Presentations:
(a) 2023 Report on Recommendations to the U.S. Coast Guard from the
National Merchant Mariner Medical Advisory Committee;
(b) Presentation of New Merchant Mariner Credential.
(7) Public comment period.
(8) Closing remarks.
(9) 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
December 12, 2023. Alternatively, you may contact the individual noted
in the FOR FURTHER INFORMATION CONTACT section above.
During the December 19, 2023 meeting, a public comment period will
be held immediately after the U.S. Coast Guard Presentations, at
approximately 2:30 p.m. EST. Public comments will be limited to 3
minutes per speaker and limited to one comment per person. Please note
that the public comment 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: November 15, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-25618 Filed 11-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.291839 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0830-0001/content.htm"
} |
USCG-2023-0837-0001 | Rule | 2023-10-23T04:00:00 | Safety Zone; Fireworks Displays Within the Fifth Coast Guard District |
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Rules and Regulations]
[Page 72683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23376]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0837]
Safety Zone; Fireworks Displays Within the Fifth Coast Guard
District
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for a fireworks
display at The Wharf DC on October 25, 2023, to provide for the safety
of life on navigable waterways during this event. Our regulation for
Fireworks Displays within the Fifth Coast Guard District identifies the
safety zone for this event in Washington, DC. During the enforcement
period, vessels may not enter, remain in, or transit through the safety
zone unless authorized to do so by the COTP or his representative, and
vessels in the vicinity must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.
DATES: The regulation in 33 CFR 165.506 will be enforced for the
location identified in line no. 1 of table 2 to 33 CFR 165.506(h)(2)
from 8:30 p.m. until 10 p.m. on October 25, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-57-2596, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
regulation for a fireworks display at The Wharf DC from 8:30 p.m. to 10
p.m. on October 25, 2023. This action is being taken to provide for the
safety of life on navigable waterways during this event. Our regulation
for Fireworks Displays within the Fifth Coast Guard District, Sec.
165.506, specifies the location of the safety zone for the fireworks
show, which encompasses portions of the Washington Channel in the Upper
Potomac River. During the enforcement period, as reflected in Sec.
165.506(b), if you are the operator of a vessel in the vicinity of the
safety zone, you may not enter, remain in, or transit through the
safety zone unless authorized to do so by the COTP or his
representative, and 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: October 18, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-23376 Filed 10-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.293056 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0837-0001/content.htm"
} |
USCG-2023-0838-0002 | Rule | 2023-10-12T04:00:00 | Safety Zone; Saint Thomas, USVI |
[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70593-70595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22595]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0838]
RIN 1625-AA00
Safety Zone; Saint Thomas, USVI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 0.25 nautical miles radius around the Motor
Vessel (M/V) BONNIE G grounded near the coast of Saint Thomas, U.S.V.I.
This action is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by the M/V BONNIE G
grounding. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port San Juan.
DATES: This temporary final rule is effective without actual notice
from October 12, 2023 through October 20, 2023. For the purposes of
enforcement, actual notice will be used from October 6, 2023 until
October 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0838 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 Commander Carlos M. Ortega-Perez, Waterways
Management Division Chief, U.S. Coast Guard; telephone 787-729-2380,
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 TFR because doing so would be impracticable. The
M/V BONNIE G grounded near the coast of Saint Thomas, U.S.V.I, and
immediate action is needed to respond to the potential safety hazards
associated with the emergency response and salvage operations. It is
impracticable to publish an NPRM because we must establish this safety
zone by October 6, 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 emergency
response and salvage operations.
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 San Juan (COTP) has determined that
there are potential hazards associated with the response and salvage
operations regarding the M/V BONNIE G grounding. There will be a safety
concern for anyone within a 0.25 nautical miles radius around the M/V
BONNIE G grounded near the coast of Saint Thomas, U.S.V.I. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone during response and salvage
operations.
IV. Discussion of the Rule
This rule establishes a safety zone on certain waters of the
Caribbean Sea off the coast of Saint Thomas, U.S.V.I. The safety zone
will be enforced from October 6, 2023 through October 20, 2023. The
safety zone will cover all navigable waters within 0.25 nautical miles
radius of 18[deg]19'27'' N 64[deg]58'25'' W, the current location of
the M/V BONNIE G. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the Owning company of the vessel completes their salvage
plan.
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).
[[Page 70594]]
This regulatory action determination is based on following reasons:
(1) the temporary safety zone will only be enforced for 15 consecutive
days and may be removed earlier if the response and salvage operations
are completed prior October 20, 2023; (2) although persons and vessels
may not enter, transit through, anchor in, or remain within the safety
zone without authorization from the COTP or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the areas during the enforcement
period if authorized by the COTP or a designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section V.
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 .25
nautical mile perimeter safety zone, lasting the duration of response
and salvage operations or a maximum of 15 consecutive days and thus
limited in scope. This zone will prohibit entry while in effect. 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.T07-0838 to read as follows:
Sec. 165.T07-0838 Safety Zone; Saint Thomas, U.S.V.I.
(a) Location. The following area is a safety zone: All waters of
the Caribbean Sea off the coast of Saint Thomas, U.S.V.I, from surface
to bottom, that are within a 0.25 nautical mile radius of
18[deg]19'27'' N 64[deg]58'25'' W, the current location of the M/V
BONNIE G, from surface to bottom.
(b) Definitions. 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 (COTP) San Juan in the enforcement of
the safety zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering,
[[Page 70595]]
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the COTP San Juan 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 San Juan
by telephone at (787) 289-2041, 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 San Juan 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 6 a.m.
until 6 p.m. on October 6, 2023, through October 20, 2023.
Dated: October 6, 2023.
Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2023-22595 Filed 10-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.293726 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0838-0002/content.htm"
} |
USCG-2023-0842-0001 | Rule | 2023-12-08T05:00:00 | Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Addison Point, FL |
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85498-85499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26986]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0842]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Addison Point, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the John F. Kennedy Space Center Bridge (NASA Causeway),
across the Atlantic Intracoastal Waterway (Indian River), mile 885, at
Addison Point, FL. The drawbridge was replaced with a fixed bridge in
2023 and the operating regulation is no longer applicable or necessary.
DATES: This rule is effective December 8, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0842) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Leonard Newsom, 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
II. Background Information and Regulatory History
The Coast Guard is issuing this 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), 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 unnecessary. The John F.
Kennedy Space Center Bridge, that once required the draw operations in
33 CFR 117.261(l), was removed from the Atlantic Intracoastal Waterway
(Indian River) and replaced with a fixed bridge in 2023. Therefore, the
regulation is no longer applicable and shall be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no use or value
because the new bridge does not open.
We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register. The bridge has
been removed from the waterway and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
modification has already taken place and the removal of the regulation
will not affect mariners currently operating on this waterway.
Therefore, a delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The John F. Kennedy Space Center bridge was removed and replaced
with a fixed bridge in 2023. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.261(l), that pertain to the former drawbridge.
The purpose of this rule is to remove the paragraph of 33 CFR
117.261(l) that refers to the John F. Kennedy Space Center Bridge,
across the Atlantic Intracoastal Waterway (Indian River) at mile 885,
from the Code of Federal Regulations since it governs a bridge that is
no longer able to be opened.
IV. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.261 by
removing restrictions and the regulatory burden related to draw
operations for a bridge that is no longer a drawbridge. The change
removes Sec. 117.261(l) of the regulation governing the John F.
Kennedy Space Center Bridge since the bridge has been removed from the
waterway and replaced with a fixed bridge. This final rule seeks to
update the CFR by removing language that governs the operation of the
John F.
[[Page 85499]]
Kennedy Space Center Bridge. This change does not affect waterway or
land traffic. This change does not affect, nor does it alter the
operating schedules in 33 CFR 117.261 that govern the remaining active
drawbridges on the Atlantic Intracoastal Waterway from St. Marys River
to Key Largo.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that the
bridge was replaced and no longer operates as a drawbridge. The removal
of the operating schedule from 33 CFR 117 Subpart B will have no effect
on the movement of waterway or land 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above this final 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1. Revision No. 01.3.
Sec. 117.261 [Amended]
0
2. Amend Sec. 117.261 by removing and reserving paragraph (l).
Dated: December 5, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-26986 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.295629 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0842-0001/content.htm"
} |
USCG-2023-0843-0001 | Proposed Rule | 2023-11-02T04:00:00 | Safety Zone; Fireworks Display; Hood River, OR |
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Proposed Rules]
[Pages 75244-75246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24152]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0843]
RIN 1625-AA00
Safety Zone; Fireworks Display; Hood River, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Columbia River. This action is necessary
to provide for the safety of life on these navigable waters near Hood
River, Oregon, during a fireworks display on December 31, 2023. This
proposed rulemaking would prohibit persons and vessels from entering
the safety zone unless authorized by the Captain of the Port Sector
Columbia River 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 December 4, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0843 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, Waterways
Management Division, Sector Columbia River, Coast Guard; telephone 503-
240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
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 August 15, 2023, the Hood River Fireworks, LLC notified the
Coast Guard that it will be conducting a fireworks display from 8 to
8:30 p.m. on December 31, 2023. The fireworks are to be launched from
Hood River Spit, approximately 1000 feet south of the Columbia River in
Hood River, OR. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Sector Columbia River (COTP)
has determined that potential hazards associated with the fireworks to
be used in this display would be a safety concern for anyone within a
1000-foot radius of the discharge site.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 1000-foot radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 7:30 to 9
p.m. on December 31, 2023. The safety zone would cover all navigable
waters within 1000 feet of the Hood River Spit, located approximately
1000 feet south of the Columbia River in Hood River, OR. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under 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 safety zone. The safety zone created by
this proposed rule is designed to minimize its impact on navigable
waters. The safety zone will impact approximately a 1000-foot area at
the intersection of the Columbia and Hood Rivers and is not anticipated
to exceed 1.5 hours in duration. Thus, restrictions on vessel movement
within that particular area are expected to be minimal. Moreover, under
certain conditions vessels may still transit through the safety zone
when permitted by the COTP. The Coast Guard would issue a Notice to
Mariners about the zone, and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
[[Page 75245]]
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry within 1000 feet of
the fireworks discharge site located on Hood River Spit. 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-2023-0843 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0843 to read as follows:
Sec. 165.T13-0843 Safety Zone; Fireworks Display, Hood River, OR.
(a) Location. The following area is a safety zone: All navigable
waters within 1000 feet of a fireworks launch site in Hood River, OR.
The fireworks launch site will be at the approximate point of
45[deg]42'51.20'' N 121[deg]30'32.18'' 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 Columbia River
(COTP) in the enforcement of the safety zone.
[[Page 75246]]
Participant means all persons and vessels registered with the event
sponsor as a participant in the fireworks display.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all non-participants may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. 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 COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 7:30 to
9 p.m. on December 31, 2023. It will be subject to enforcement this
entire period unless the COTP determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.
Dated: October 25, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2023-24152 Filed 11-1-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.296766 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0843-0001/content.htm"
} |
USCG-2023-0843-0011 | Rule | 2023-12-12T05:00:00 | Safety Zone; Fireworks Display; Hood River, Hood River, Oregon |
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86048-86050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27090]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0843]
RIN 1625-AA00
Safety Zone; Fireworks Display; Hood River, Hood River, Oregon
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Columbia River. This action is necessary to
provide for the safety of life on these navigable waters near Hood
River, Oregon, during a fireworks display on December 31, 2023. This
regulation prohibits persons and vessels from entering the safety zone
unless authorized by the Captain of the Port Sector Columbia River or a
designated representative.
DATES: This rule is effective from 7:30 to 9 p.m. on December 31, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0843 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 Carlie Gilligan, Waterways Management
Division, Sector Columbia River, Coast Guard; telephone 503-240-9319,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Columbia River
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 15, 2023, the Hood River Fireworks, LLC notified the
Coast Guard that it will be conducting a fireworks display from 8 to
8:30 p.m. on December 31, 2023. The fireworks are to be launched from
Hood River Spit, approximately 1,000 feet south of the Columbia River
in Hood River, OR. In response, on November 2, 2023, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Safety Zone;
Fireworks Display; Hood River, Hood River, OR (88 FR 75244). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended December 4, 2023, we received 8 comments, that are
discussed in section IV below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the fireworks
display that will impact navigation along the Hood River.
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 Columbia River (COTP) has
determined that potential hazards associated with the fireworks to be
used in this December 31, 2023, display will be a safety concern for
anyone within a 1,000-foot radius of the barge. The purpose of this
rule is to ensure safety of vessels and the navigable waters in the
safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received eight comments on our NPRM published
November 2, 2023. Of them, six were in support of the proposed rule
while the remaining two were unrelated to the establishment of the
safety zone. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
This rule establishes a safety zone from 7:30 to 9 p.m. on December
31, 2023. The safety zone will cover all navigable waters within 1,000
feet of the fireworks launch site in Hood River, OR. The duration of
the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 8 to 8:30 p.m.
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under 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 safety
zone impacts approximately a 1,000-foot area at the intersection of the
Columbia and Hood Rivers and is not anticipated to exceed 1.5 hours in
duration. Thus, restrictions on vessel movement within that particular
area are expected to be minimal. Moreover, under certain conditions
vessels may still transit through the safety zone when permitted by the
COTP. The Coast Guard will issue a Notice to Mariners 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 received no comments from the Small Business
Administration
[[Page 86049]]
on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 1.5 hours that will prohibit entry within 1,000
feet of a launch site in Hood River, OR. 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.T13-0843 to read as follows:
Sec. 165.T13-0843 Safety Zone; Fireworks Display, Hood River, Hood
River, OR.
(a) Location. The following area is a safety zone: All navigable
waters within 1,000 feet of a fireworks launch site in Hood River, OR.
The fireworks launch site will be at the approximate point of
45[deg]42'51.20'' N 121[deg]30'32.18'' 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 Columbia River
(COTP) in the enforcement of the safety zone.
Participant means all persons and vessels registered with the event
sponsor as a participant in the fireworks display.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all non-participants may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. 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 COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 7:30 to
9 p.m. on December 31, 2023. It will be subject to enforcement this
entire period unless the COTP determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.
[[Page 86050]]
Dated: December 5, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2023-27090 Filed 12-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.298752 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0843-0011/content.htm"
} |
USCG-2023-0845-0001 | Proposed Rule | 2023-11-30T05:00:00 | Safety Zone; Marina Del Rey, California |
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Proposed Rules]
[Pages 83511-83514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26341]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0845]
RIN 1625-AA00
Safety Zone; Marina Del Rey, California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to add two events to the table
regarding ``Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port zone.'' The proposed additions
are temporary safety zones, one for the Marina Del Rey annual Boat
Parade fireworks show and another for the Marina Del Rey New Year's Eve
fireworks display. Entry into these safety zones would be prohibited
during the annual events to provide for the safety of the waterway
users and to keep them clear of potential harmful debris within the
fallout zone.
DATES: Comments and related material must be received by the Coast
Guard on or before December 15, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0845 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Kevin Kinsella, U.S. Coast
Guard Sector Los Angeles-Long Beach; telephone (310) 521-3861, 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 October 5, 2023, Los Angeles County notified the Coast Guard
that it will be conducting its annual boat parade firework display on
the second weekend in December, as well as its New Year's Eve fireworks
display on December 31st each year. In both events, the fireworks will
be launched from Marina Del Rey's South Jetty that runs between Ballona
Creek and the entrance to Marina Del Rey, CA. Hazards from the
fireworks displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Sector Los Angeles-Long Beach (COTP) has determined that potential
[[Page 83512]]
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 1,000-foot radius of the
pyrotechnics platform. The purpose of this rulemaking is to ensure the
safety of vessels and the navigable waters within a 1,000-foot radius
of the fireworks platform before, during, and after the scheduled
annual event for this year and future years. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034. In
addition, the Coast Guard is providing a shorter than usual comment
period to obtain public input before the upcoming annual display for
the 2023 season. The Coast Guard will use the input to determine if any
changes are needed to the safety zones for these fireworks events.
III. Discussion of Proposed Rule
The COTP is proposing to amend the current Table 1 to 33 CFR
165.1125 for Southern California Annual Firework Events for the Los
Angeles-Long Beach Captain of the Port zone. The proposed amendment
adds two events to Table 1. The temporary safety zones will take place
annually in the Marina Del Rey Harbor Channel Entrance for
approximately two hours each on the second weekend in December and on
New Year's Eve, December 31st. The temporary safety zones would cover
all navigable waters within a 1,000-feet radius of the discharge area
on the Marina Del Rey South Jetty located in position 33[deg]57'45'' N/
118[deg]27'21'' W. The duration of the zones is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled fireworks displays. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone before and
after the Firework displays, which would impact the entrance of Marina
Del Rey and Ballona Creek for less than a 2-hour window during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on
[[Page 83513]]
the human environment. This proposed rule involves two safety zones
lasting two hours each that would prohibit entry within 1,000 feet of a
fireworks display. Normally such actions are categorically excluded
from further review under paragraph L60a of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0845 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.1125, amend Table 1 to Sec. 165.1125 by adding an
entry for items 14 and 15 to read as follows:
Sec. 165.1125 Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port zone.
* * * * *
Table 1 to Sec. 165.1125
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
14. Holiday Fireworks, Los Angeles County
------------------------------------------------------------------------
Sponsor................................ Los Angeles County, CA.
Event Description...................... Fireworks Display.
Date................................... Second weekend in December.
Location............................... Marina Del Ray, CA.
Regulated Area......................... 1,000-foot radius zone around
the firework display located
approximately: 33[deg]57'45''
N, 118[deg]27'21'' W on the
Marina Del Rey South Jetty.
------------------------------------------------------------------------
15. New Years Eve Fireworks, Los Angeles County
------------------------------------------------------------------------
Sponsor................................ Los Angeles County, CA.
Event Description...................... Fireworks Display.
Date................................... December 31.
Location............................... Marina Del Rey, CA.
Regulated Area......................... 1,000-foot radius zone around
the firework display located
approximately: 33[deg]57'45''
N, 118[deg]27'21'' W on the
Marina Del Rey South Jetty.
------------------------------------------------------------------------
[[Page 83514]]
Dated: November 23, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2023-26341 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.299809 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0845-0001/content.htm"
} |
USCG-2023-0845-0004 | Rule | 2023-12-28T05:00:00 | Safety Zone; Marina Del Rey, California |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89579-89581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28632]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0845]
RIN 1625-AA00
Safety Zone; Marina Del Rey, California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adding two events to the table regarding
``Southern California Annual Firework Events for the Los Angeles Long
Beach Captain of the Port Zone''. The additions are temporary safety
zones, one for the Marina del Rey Annual Boat Parade Fireworks Show and
another for the Marina Del Rey New Year's Eve Fireworks Display. Entry
into these zones is prohibited during the annual events in order to
provide for the safety of the waterway users and to keep them clear of
potential harmful debris within the fallout zone.
DATES: This rule is effective without actual notice December 28, 2023.
For the purposes of enforcement, actual notice will be used from
December 20, 2023, until December 28, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0845 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 89580]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Kevin Kinsella, U.S. Coast Guard Sector Los Angeles-
Long Beach; telephone (310) 521-3861, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On October 5, 2023, Los Angeles County notified the Coast Guard
that it will be conducting its annual boat parade firework display
during the second weekend in December, as well as its New Year's Eve
fireworks display on December 31st each year. In both events, the
fireworks will be launched from Marina del Rey's South Jetty that runs
between Ballona Creek and the entrance to Marina del Rey, CA. In
response, on November 30, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zone; Marina Del Rey,
California'' (88 FR 83511). There we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 15,
2023, we received 2 supportive 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 impracticable because immediate action is needed to
ensure potential hazards associated with the fireworks are not a safety
concern for anyone within a 1000-foot radius of the pyrotechnics
platform during the annual December New Year's events.
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 Los Angeles-Long Beach (COTP) has
determined that potential hazards associated with the fireworks to be
used in these annual fireworks events to be a safety concern for anyone
within a 1000-foot radius of the pyrotechnics platform. The purpose of
this rule is to ensure safety of vessels and the navigable waters
within a 1000-foot radius of the fireworks platform before, during, and
after the annual events for this year and future years.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 2 comments in support of our NPRM
published on November 30, 2023. Both commenters supported the need for
the safety zone around the firework events to prevent injury and
protect vessels from debris. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
This rule establishes two recurring safety zones that will be
enforced prior, during, and after two annual firework events. The COTP
is adding two events to Table 1 to 33 CFR 165.1125 for Southern
California Annual Firework Events for the Los Angeles-Long Beach
Captain of the Port zone. The temporary safety zones will take place
annually in the Marina Del Rey Harbor Channel Entrance for
approximately two hours each on the second weekend in December and on
New Year's Eve, December 31st. The safety zone will cover all navigable
waters within 1000 feet of the fireworks launch site on Marina del
Rey's South Jetty that runs between Ballona Creek and the entrance to
Marina del Rey, CA. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled annual fireworks displays. 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 these safety zones before and
after the fireworks displays, which will impact the entrance of Marina
del Rey and Ballona Creek for a short two-hour window during the
evenings when 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 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 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.
[[Page 89581]]
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 two
safety zones lasting a few hours each that will prohibit entry within
1,000 feet of a fireworks launch platform in Marina del Rey, CA. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.1125, amend Table 1 to Sec. 165.1125 by adding entries
for items 14 and 15 to read as follows:
Sec. 165.1125 Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port zone.
* * * * *
Table 1 to Sec. 165.1125
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
14. Holiday Fireworks, Los Angeles County
------------------------------------------------------------------------
Sponsor........................... Los Angeles County, CA.
Event Description................. Fireworks Display.
Date.............................. Second weekend in December.
Location.......................... Marina Del Ray, CA.
Regulated Area.................... 1,000-foot radius zone around the
firework display located
approximately: 33[deg]57'45'' N,
118[deg]27'21'' W on the Marina Del
Rey South Jetty.
------------------------------------------------------------------------
15. New Years Eve Fireworks, Los Angeles County
------------------------------------------------------------------------
Sponsor........................... Los Angeles County, CA.
Event Description................. Fireworks Display.
Date.............................. December 31.
Location.......................... Marina Del Rey, CA.
Regulated Area.................... 1,000-foot radius zone around the
firework display located
approximately: 33[deg]57'45'' N,
118[deg]27'21'' W on the Marina Del
Rey South Jetty.
------------------------------------------------------------------------
Dated: December 21, 2023.
T.P. McNamara,
Commander, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-
Long Beach.
[FR Doc. 2023-28632 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.301235 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0845-0004/content.htm"
} |
USCG-2023-0848-0001 | Rule | 2023-11-22T05:00:00 | Security Zone; Nantucket Memorial Airport and Abrams Point, Nantucket, MA |
[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Unknown Section]
[Pages 81348-81350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0848]
RIN 1625-AA87
Security Zone; Nantucket Memorial Airport and Abrams Point,
Nantucket, MA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two 500-yard temporary
security zones for all navigable waters adjacent to the Nantucket
Memorial Airport and Straight Wharf as well as a 1,000-yard temporary
security zone for all navigable waters adjacent to Abrams Point,
Nantucket, Massachusetts. These security zones are needed to protect
the persons under the protection of the United States Secret Service
(USSS). Entry of vessels or persons into these zones is prohibited
unless specifically authorized by the Captain of the Port Sector
Southeastern New England or a designated representative.
DATES: This rule is effective from November 21, 2023, through 11:59
p.m. on November 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0848 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 Christopher Matthews, Sector Southeastern New
England, U.S. Coast Guard; telephone 401-435-2348, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
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 United States Secret Service (USSS) requested that the Coast
Guard establish two 500-yard temporary security zones for all navigable
waters adjacent to the Nantucket Memorial Airport and Straight Wharf as
well as a 1,000-yard temporary security zone for all navigable waters
adjacent to Abrams Point, Nantucket, Massachusetts. The purpose of the
temporary security zone is to facilitate the security and safety of the
persons under USSS protection.
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
information regarding this event in time to publish NPRM and seek
comments before the subject visit. Publishing an NPRM and delaying the
effective date would be impracticable and contrary to the public
interest as it would inhibit the Coast Guard's ability to fulfill its
statutory missions and jeopardize the safety of the persons under USSS
protection during the visit.
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 the person
under USSS protection during the visit.
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 USSS requested that the Coast Guard establish two
500-yard temporary security zones for all navigable waters adjacent to
the Nantucket Memorial Airport and Straight Wharf as well as a 1,000-
yard temporary security zone for all navigable waters adjacent to
Abrams Point, Nantucket, Massachusetts. The purpose of the temporary
security zone is to facilitate the security and safety of the persons
under USSS protection during their visit to the area. As a result, in
consultation with the USSS, the Captain of the Port Sector Southeastern
New England (COTP) has determined that the security zones are necessary
to provide security for the persons under USSS protection.
IV. Discussion of the Rule
This rule establishes two 500-yard security zones for all navigable
waters adjacent to the Nantucket Memorial Airport and Straight Wharf as
well as a 1,000-yard temporary security zone for all navigable waters
adjacent to Abrams Point, Nantucket, Massachusetts. No vessel or person
will be permitted to enter the security zones from 12:01 a.m. on
November 21, 2023, through 11:59 p.m. on November 26, 2023. Entry into
these security zones is prohibited unless specifically authorized by
the COTP or their 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 the U.S.
Coast Guard Sector Southeastern New England.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 508-457-3211 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
enter these security zones must transit at their slowest safe speed and
comply with all lawful directions issued by the COTP or their
designated representative.
[[Page 81349]]
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-year of the security zones. These
security zones will impact small, designated areas off Nantucket,
Massachusetts for approximately six days during a time of year when
vessel traffic is normally low. To alleviate the effects of this rule
on the public, the COTP may elect to temporary suspend enforcement of
these security zones. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, 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 the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this 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 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 three
security zones from November 21, 2023, through November 26, 2023, that
will prohibit entry within 500 yards of Nantucket Memorial Airport and
Straight Wharf as well as 1,000 yards of Abrams point, Nantucket,
Massachusetts. 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;
[[Page 81350]]
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
0
2. Add Sec. 165.T01-0848 to read as follows:
Sec. 165.T01-0848 Security Zone; Nantucket Memorial Airport, Abrams
Point and Straight Wharf, Nantucket, MA.
(a) Location. The following areas are security zones: All navigable
waters 500 yards from Nantucket Memorial Airport and Straight Wharf as
well as 1,000 yards from Abrams Point, Nantucket, Massachusetts.
(b) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the Captain of
the Port Sector Southeastern New England (COTP) or the COTP's
designated representative. Designated representative is a commissioned,
warrant, or petty officer of the U.S. Coast Guard assigned to units
under the operational control of U.S. Coast Guard Sector Southeastern
New England.
(2) Vessels requiring entry into the security zones must request
permission from the COTP or a designated representative. To seek entry
into the security zones, contact the COTP or the COTP's representative
by telephone at 508-457-3211 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter the security zones must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(c) Enforcement period. This section will be enforced from 12:01
a.m. on November 21, 2023, through 11:59 p.m. on November 26, 2023. To
alleviate the effects of this section on the public, the COTP may elect
to temporarily suspend enforcement of the security zones.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2023-25956 Filed 11-21-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.302275 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0848-0001/content.htm"
} |
USCG-2023-0850-0001 | Rule | 2023-11-06T05:00:00 | Safety Zone; Ohio River Mile Markers 2.5–3, Brunot Island, PA |
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76131-76133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0850]
RIN 1625-AA00
Safety Zone; Ohio River Mile Markers 2.5-3, Brunot Island, PA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Ohio River several days in November and December 2023, and
January 2024, at mile marker 2.5 to mile marker 3 from 8 a.m. through 6
p.m. each day. This action is necessary to provide for the safety of
life on the navigable waters during a helicopter operation to install
aerial transverse wirelines. 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 November 3, 2023, through
6 p.m. on January 22, 2024. This rule will be enforced from 8 a.m.
through 6 p.m. daily on November 3 through November 6, November 11,
November 12, December 2, December 3, 2023, and January 8 through
January 22, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0850 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 November
3, 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. 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 November 3, 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 November 3
through November 6, November 11 through November 12, December 2 through
December 3, 2023, and January 8 through January 22, 2024, will be a
safety concern for anyone on the Ohio River from mile markers 2.5 to
mile marker 3 from 8 a.m. to 6 p.m. The purpose of this rule is to
ensure safety of the participant, vessels, and the
[[Page 76132]]
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 that will be enforced
each day from 8 a.m. until 6 p.m. on November 3 through November 6,
November 11 through November 12, December 2 through December 3, 2023,
and January 8 through January 22, 2024. The safety zone will cover all
navigable waters on the Ohio River from mile markers 2.5 to mile marker
3. The duration of the zone is intended to protect personnel, vessels,
and the marine environment in the navigable waters during an
installation of 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. 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 10 hours each day from
November 3 through November 6, November 11 through November 12,
December 2 through December 3, 2023, and January 8 through January 22,
2024. 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.
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 10 hours each day from November 3 through
November 6, November 11 through November 12, December 2 through
December 3, 2023, and January 8 through January 22, 2024, on the Ohio
[[Page 76133]]
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.T08-0850 to read as follows:
Sec. 165.T08-0850 Safety Zone; Ohio River, Brunot Island, PA.
(a) Location. The following area is a temporary safety zone on the
Ohio River from mile marker 2.5 to mile marker 3.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Pittsburgh (COTP) in the enforcement of the safety
zone. Designated representative includes 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
C'TP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on Channel 16 or at 412-670-7288. To seek permission,
concerned traffic may reach contact the event organizers on channel 13
or at (860) 573-6646. 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 6 p.m. from November 3 through November 6, November 11
through November 12, December 2 through December 3, 2023, and January 8
through January 22, 2024. The temporary safety zone will be enforced
during the 10 hour helicopter operation.
Justin R. Jolley,
Commander, U.S. Coast Guard, Acting, Captain of the Port, MSU
Pittsburgh.
[FR Doc. 2023-24388 Filed 11-3-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.303880 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0850-0001/content.htm"
} |
USCG-2023-0852-0001 | Rule | 2023-11-09T05:00:00 | Security Zones; San Francisco Bay, San Francisco, CA |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77203-77205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24849]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0852]
RIN 625-AA87
Security Zones; San Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary security zones
in the navigable waters of the San Francisco Bay, San Francisco, CA
within the San Francisco Captain of the Port (COTP) zone. The security
zones are along U.S. Highway 101 North from Oyster Point to Candlestick
Point, and San Francisco Pier 27/29, approximately 200 yards from
shore. The security zones are necessary to protect the harbors, ports,
and waterfront facilities during a visit from high-ranking government
officials and members of their official party. Entry of vessels or
persons into these zones is prohibited unless specifically authorized
by the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective from November 14, 2023 through November
18, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0852 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 Abigail Hamann, U.S. Coast Guard Sector San Francisco,
Waterways Management Division; telephone 415-399-3585, 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 not notified with ample time
to allow for public comment. The visit by high-ranking government
officials and members of their official party will conclude prior to
the publication and completion of a comment period. Additionally, it is
impracticable to publish a NPRM because the visit is scheduled to occur
from November 14 through November 18, 2023, and we must establish these
security zones by those dates. We lack sufficient time to solicit
comments and review prior to issuing a final action.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds 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 action is needed starting November 14, 2023, to
protect high-ranking government officials, members of their official
party, the security of harbors, ports, and waterfront facilities, and
mitigate 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. High-ranking government officials and members of their
official party plan to visit the San Francisco area and will be in the
areas of U.S. Highway 101 North from Oyster Point to
[[Page 77204]]
Candlestick Point, and San Francisco Pier 27/29. These are located
adjacent to U.S. navigable waters in the San Francisco COTP zone. The
Captain of the Port San Francisco (COTP) has determined that these
security zones are needed to ensure the safety of the high-ranking
government officials and members of their official party.
IV. Discussion of the Rule
This rule establishes two security zones from November 14 through
November 18, 2023. These security zones will cover all navigable waters
of the San Francisco Bay, from surface to bottom, and be for the areas
and times described below or as otherwise noted by Marine Information
Broadcast, and will be referred to as Zones A, and B.
Zone A is along U.S. Highway 101 North from Oyster Point to
Candlestick Point, San Francisco Pier 27/29, approximately 200 yards
from shore. Zone A is within the area formed by connecting the
following latitude and longitude points in the following order:
37[deg]42'28.8'' N, 122[deg]21'45.0'' W; thence to 37[deg]42'31.0'' N,
122[deg]22'27.0'' W; thence along the shore to 37[deg]40'37.5'' N,
122[deg]22'45.0'' W; thence to 37[deg]40'20.4'' N, 122[deg]22'10.6'' W
and thence to the point of beginning. This zone will be in effect from
12:01 a.m. on November 14, 2023, through 11:59 p.m. on November 18,
2023.
Zone B will be around San Francisco Pier 27/29 and approximately
200 yards from shore. Zone B is within the area formed by connecting
the following latitude and longitude points in the following order:
37[deg]48'23.49'' N, 122[deg]24'12.1'' W; thence to 37[deg]48'28.36''
N, 122[deg]24'8.48'' W; thence to 37[deg]48'34.68'' N,
122[deg]24'3.44'' W; thence to 37[deg]48'29.59'' N, 122[deg]23'51.5''
W; thence to 37[deg]48'16.79'' N, 122[deg]23'54.88'' W; thence along
the shore and piers to the point of beginning. This zone will be in
effect 12:01 a.m. on November 14, 2023, through 11:59 p.m. on November
18, 2023.
The duration of these zones 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 sizes,
locations, and durations of the security zones. The effect of this rule
will not be significant because local waterways users will be notified
by marine information broadcast and on-scene enforcement to ensure the
security zones will result in minimum impact.
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 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
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
[[Page 77205]]
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
security zones in effect during a period of five days in various
locations, that will be enforced for the entirety of those five 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.T11-144 to read as follows:
Sec. 165.T11-144 Security Zones: San Francisco Bay, San Francisco,
CA.
(a) Location. The following areas are security zones. These
security zones will cover all navigable waters of the San Francisco
Bay, from surface to bottom, within the areas described below. All
coordinates are based on North American datum (NAD 83).
(1) Zone A is within the area formed by connecting the following
latitude and longitude points in the following order: 37[deg]42'28.8''
N, 122[deg]21'45.0'' W; thence to 37[deg]42'31.0'' N, 122[deg]22'27.0''
W; thence along the shore to 37[deg]40'37.5'' N, 122[deg]22'45.0'' W;
thence to 37[deg]40'20.4'' N, 122[deg]22'10.6'' W and thence to the
point of beginning.
(2) Zone B is within the area formed by connecting the following
latitude and longitude points in the following order: 37[deg]48'23.49''
N, 122[deg]24'12.1'' W; thence to 37[deg]48'28.36'' N,
122[deg]24'8.48'' W; thence to 37[deg]48'34.68'' N, 122[deg]24'3.44''
W; thence to 37[deg]48'29.59'' N, 122[deg]23'51.5'' W; thence to
37[deg]48'16.79'' N, 122[deg]23'54.88'' W; thence along the shore and
piers to the point of beginning.
(b) Definitions. As used in this sections, 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 zones.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zones described
in paragraph (a) of the sections unless authorized by the COTP or the
COTP's designated representative.
(2) The security zones are 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 by VHF Marine Radio channel 21A or through
the 24-hour Command Center at telephone (415) 399-3547. Those in the
security zones 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 on the dates
November 14, 2023, through November 18, 2023, at the times listed below
or otherwise noted by Marine Information Broadcast.
(1) Zone A will be enforced from 12:01 a.m. on November 14, 2023,
until 11:59 p.m. on November 18, 2023.
(2) Zone B will be enforced from 12:01 a.m. on November 14, 2023,
until 11:59 p.m. on November 18, 2023.
Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-24849 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.305252 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0852-0001/content.htm"
} |
USCG-2023-0861-0001 | Rule | 2023-11-09T05:00:00 | Security Zones; San Francisco Bay, San Francisco, CA |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77201-77203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24848]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0861]
RIN 1625-AA87
Security Zones; San Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary security zones in
the navigable waters of the San Francisco Bay, and the Pacific Ocean
within the San Francisco Captain of the Port (COTP) zone. The security
zones are along San Francisco Pier 15/17, approximately 1,000 yards
from shore, and the Legion of Honor, approximately 450 yards from
shore. The security zones are necessary to protect the harbors, ports,
and waterfront facilities during a visit from high-ranking government
officials and members of the official party. Entry of vessels or
persons into these zones is prohibited unless specifically authorized
by the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective from November 15, 2023, through November
18, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0861 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 not notified with ample time
to allow for public comment. The visit by high-ranking government
officials and members of their official party will conclude prior to
the publication and completion of a comment period. Additionally, it is
impracticable to publish a NPRM because the visit is scheduled to occur
from November 15 through November 16, 2023, and we must establish these
security zones by those dates. We lack sufficient time to solicit
comments and review 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 action is needed starting November 15, 2023,
to provide for the protection of high-ranking government officials,
members of their official party, and the security of harbors, ports,
and waterfront facilities, and the mitigation of 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 San Francisco (COTP) has
determined that high-ranking government officials and members of their
official party plan to visit the San Francisco area and will be in the
areas of San Francisco Pier 15/17, and the Legion of Honor. These are
located adjacent to U.S. navigable waters in the San Francisco COTP
Zone. This rule is needed to ensure the safety of the high-ranking
government officials and members of their official party.
IV. Discussion of the Rule
This rule establishes two security zones on November 15 and
November 16, 2023. These security zones will cover all navigable waters
of the San Francisco Bay and Pacific Ocean, from surface to bottom, and
be for the areas and times described below or as otherwise noted by
Marine Information Broadcast, and will be referred to as Zones A, and
B.
Zone A is a security zone along San Francisco Pier 15/17,
approximately 1,000 yards from shore. Zone A will be within the area
formed by connecting the following latitude and longitude points in the
following order: 37[deg]48'29.13'' N, 122[deg]24'10.27'' W; thence to
37[deg]48'34.68'' N, 122[deg]24'3.44'' W; thence to 37[deg]48'39.4'' N,
122[deg]23'47.2'' W; thence to 37[deg]48'28.4'' N, 122[deg]23'19.04''
W; thence to 37[deg]48'9.85'' N, 122[deg]23'10.34'' W; thence to
37[deg]47'47.89'' N, 122[deg]23'41.35'' W; thence along the shore and
piers to the point of beginning. This zone will be in effect from 6
a.m. through 11:59 p.m. on November 15, 2023.
Zone B is a security zone along the Legion of Honor in the San
Francisco Bay, approximately 450 yards from shore. Zone B will be
within the area formed by connecting the following latitude and
longitude points in the following order: 37[deg]47'17.72'' N,
122[deg]30'21.74'' W; thence to 37[deg]47'30.86'' N, 122[deg]30'13.6''
W; thence to 37[deg]47'30.87'' N, 122[deg]29'54.91'' W; thence to
37[deg]47'14.68'' N, 122[deg]29'45.43'' W; thence along the shore to
the point of beginning. This zone will be in effect
[[Page 77202]]
from 8 a.m. until 9 p.m. on November 16, 2023.
The duration of these zones 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 zones 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 sizes,
locations, and durations of the security zones. The effect of this rule
will not be significant because local waterways users will be notified
by marine information broadcast and on-scene enforcement to ensure the
security zones will result in minimum impact. Additionally, vessels can
request permission to transit the security zones in order to mitigate
any potential impacts.
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 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
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
security zones in effect during a period of two days in various
locations, that will be enforced for less than 30 hours during those
two 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:
[[Page 77203]]
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.T11-145 to read as follows:
Sec. 165.T11-145 Security Zones: San Francisco Bay and Pacific Ocean,
San Francisco, CA.
(a) Location. The following areas are security zones. These
security zones will cover all navigable waters of the San Francisco Bay
and Pacific Ocean, from surface to bottom, within the areas described
below. All coordinates are based on North American datum (NAD 83). (1)
Zone A will be within the area formed by connecting the following
latitude and longitude points in the following order: 37[deg]48'29.13''
N, 122[deg]24'10.27'' W; thence to 37[deg]48'34.68'' N,
122[deg]24'3.44'' W; thence to 37[deg]48'39.4'' N, 122[deg]23'47.2'' W;
thence to 37[deg]48'28.4'' N, 122[deg]23'19.04'' W; thence to
37[deg]48'9.85'' N, 122[deg]23'10.34'' W; thence to 37[deg]47'47.89''
N, 122[deg]23'41.35'' W; thence along the shore and piers to the point
of beginning.
(2) Zone B will be within the area formed by connecting the
following latitude and longitude points in the following order:
37[deg]47'17.72'' N, 122[deg]30'21.74'' W; thence to 37[deg]47'30.86''
N, 122[deg]30'13.6'' W; thence to 37[deg]47'30.87'' N,
122[deg]29'54.91'' W; thence to 37[deg]47'14.68'' N, 122[deg]29'45.43''
W; thence along the shore 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
zones.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zones described
in paragraph (a) of the sections unless authorized by the COTP or the
COTP's designated representative.
(2) The security zones are 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 by VHF Marine Radio channel 21A or through
the 24-hour Command Center at telephone (415) 399-3547. Those in the
security zones 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 on the dates
November 15, 2023, through November 16, 2023, at the times listed below
or otherwise noted by Marine Information Broadcast.
(1) Zone A will be enforced from 6 a.m. until 11:59 p.m. on
November 15, 2023.
(2) Zone B will be enforced from 8 a.m. until 9 p.m. on November
16, 2023.
Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-24848 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.306902 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0861-0001/content.htm"
} |
USCG-2023-0862-0001 | Rule | 2023-11-07T05:00:00 | Safety Zone; Atlantic Ocean, Virginia Beach, Virginia |
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76667-76669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24555]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0862]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Virginia Beach, Virginia
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 550-yard radius of the M/V HOS MYSTIQUE and
accompanying machinery while the vessel is conducting a subsea survey
for potential unexploded ordinance (pUXO) in the Atlantic Ocean within
three nautical miles of the shores of the State Military Reservation,
Virginia Beach. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the subsea survey operations. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port, Sector Virgina or designated representative.
DATES: This rule is effective without actual notice from November 7,
2023 through December 31, 2023. For the purposes of enforcement, actual
notice will be used from November 1, 2023, until November 7, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0862 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
pUXO Potential Unexploded Ordinance
ROV Remotely Operated Vehicle
Sec. Section
TFR Temporary Final Rule
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)
because Coast Guard Sector Virginia was notified on October 25, 2023
that the M/V HOS MYSTIQUE will conduct survey operations using an ROV
to identify pUXOs beginning November 1, 2023 and a safety zone is
necessary to protect the public from the safety hazards associated with
any disturbances of pUXOs, as well as, the obstruction to navigation
during the use of a tethered ROV. It is impracticable to publish an
NPRM because we must establish this safety zone by November 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. 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 survey
operations utilizing ROVs in shallow water to identify pUXO.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Virginia (COTP) has determined
that potential hazards associated with the survey operations starting
November 1, 2023, and continuing until late December, will be a safety
concern for any persons or property within a 550-yard radius of the
survey vessel. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
from potential hazards that arise from disturbing pUXOs and the use of
tethered ROVs to identify them.
IV. Discussion of the Rule
This rule establishes a safety zone on November 1, 2023, through
December 31, 2023. The safety zone encompasses all waters inside a
radius of 550 yards from the actual position of the M/V HOS MYSTIQUE.
During survey operations, a
[[Page 76668]]
tethered ROV will be used and contained within the safety zone. Two
Rigid Hull Inflatable Boats (RHIBs) will operate as safety vessels
during operations, one to the north and one to the south of each target
while the ROV is deployed. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during survey operations. 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,
location, duration, and operations requirements of the survey requiring
the safety zone. Vessel traffic will be able to safely transit around
this safety zone during the survey. The date range for this survey was
selected to minimize vessel traffic impacts. 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 while survey operations are not actively conducting
operations with the potential for hazards.
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 prohibits entry within 550 yards of the M/V M/V HOS
MYSTIQUE only during the active survey operations which will take place
in November and December of 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, Security measures, and waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 76669]]
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.T05-0862 to read as follows:
Sec. 165.T05-0862 Safety Zone; Atlantic Ocean, Virginia Beach, VA.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, described by a radius of
550 yards from the actual position of the M/V HOS MYSTIQUE while survey
operations are being conducted.
(b) Definitions. As used in this section, designated representative
means 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 zones. The term also includes the M/V HOS
MYSTIQUE for the sole purpose of designating and establishing safe
transit corridors, to permit passage into or through these safety
zones, 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, vessels 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, vessels should contact the M/V HOS
MYSTIQUE by VHF-FM Channel 16. Those in the safety zone must comply
with all directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This zone will be in effect and enforced
during such times as are announced via Broadcast Notice to Mariners
between November 1, 2023, through December 31, 2023.
Dated: November 1, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2023-24555 Filed 11-6-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.308177 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0862-0001/content.htm"
} |
USCG-2023-0864-0001 | Rule | 2023-11-24T05:00:00 | Special Local Regulations; Southern California Annual Marine Events for the Los Angeles—Long Beach Captain of the Port Zone |
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Page 82259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0864]
Special Local Regulations; Southern California Annual Marine
Events for the Los Angeles--Long Beach Captain of the Port Zone
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulations.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce multiple special local
regulations codified in federal regulations for recurring marine events
taking place in December 2023 located in the Los Angeles--Long Beach
Captain of the Port Zone. This action is necessary and intended to
provide for the safety of life and property on navigable waterways
during these events. 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 vessels displaying a Coast
Guard ensign.
DATES: The Coast Guard will enforce the regulations listed in 33 CFR
100.1104, for the locations described in event (5) through (16) in
Table 1 to Sec. 100.1104 during December 2023, according to the
schedule listed in the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, contact LCDR Kevin Kinsella, U.S. Coast
Guard Sector Los Angeles--Long Beach at telephone (310) 467-2099 or
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce multiple
special local regulations for annual events in the Captain of the Port
Los Angeles--Long Beach Zone listed in 33 CFR 100.1104 Table 1--To
Sec. 100.1104 for events occurring in the month of December as listed:
1. Entry (5) Morro Bay Holiday Boat Parade (a.k.a. Morro Bay
Lighted Boat Parade), From 4 p.m. to 9 p.m. on December 2, 2023.
2. Entry (6) Santa Barbara Holiday Boat Parade (a.k.a. Annual Boat
Parade of Lights), From 6:30 p.m. to 7 p.m. on December 10, 2023.
3. Entry (7) Ventura Harbor Holiday Boat Parade (a.k.a. Ventura
Harbor Parade of Lights), From 6:30 p.m. to 8 p.m. December 15, 2023,
through December 16, 2023.
4. Entry (8) Channel Islands Harbor Holiday Boat Parade (a.k.a.
Channel Islands Harbor Parade of Lights), From 7 p.m. to 9 p.m. on
December 9, 2023.
5. Entry (9) Marina Del Rey Holiday Boat Parade, From 6 p.m. to 8
p.m. on December 9, 2023.
6. Entry (10) King Harbor Holiday Boat Parade, From 5:30 p.m. to 8
p.m. on December 9, 2023.
7. Entry (11) Port of Los Angeles Holiday Boat Parade (a.k.a. Los
Angeles Harbor Holiday Afloat Parade), From 5:30 p.m. to 9:30 p.m. on
December 2, 2023.
8. Entry (12) Parade of 1,000 Lights (a.k.a. Shoreline Yacht Club
Annual Christmas Boat Parade), From 5:30 p.m. to 7:30 p.m. on December
9, 2023.
9. Entry (13) Naples Island Holiday Boat Parade (a.k.a. Naples 77th
Annual Holiday Boat Parade), From 5 p.m. to 10 p.m. on December 16,
2023.
10. Entry (14) Huntington Harbor Holiday Boat Parade (a.k.a. 61st
Annual Huntington Harbor Boat parade), From 5 p.m. to 9 p.m. December
9, 2023, through December 10, 2023.
11. Entry (15) Newport Beach Holiday Boat Parade (a.k.a. Newport
Beach Christmas Boat Parade), From 6:30 p.m. to 9 p.m. December 13,
2023, through December 17, 2023.
12. Entry (16) Dana Point Holiday in the Harbor (a.k.a. 48th Annual
Dana Point Harbor Boat Parade of Lights), From 6:30 p.m. to 8:30 p.m.
December 8, 2023, through December 10, 2023.
Pursuant to 33 CFR 100.1104, all persons and vessels not registered
with the sponsor as participants or as official patrol vessels are
considered spectators. The ``official patrol'' consists of any Coast
Guard asset; other Federal, state, or local law enforcement; and any
public or sponsor-provided vessels assigned or approved by the
cognizant Coast Guard Sector Commander to patrol each event. No
spectator shall anchor, block, loiter, nor impede the through transit
of participants or official patrol vessels in the regulated areas
during all applicable effective dates and times unless cleared to do so
by or through an official patrol vessel. When hailed and/or signaled by
an official patrol vessel, any spectator located within a regulated
area during all applicable effective dates and times shall come to an
immediate stop. The Patrol Commander (PATCOM) is empowered to control
the movement of all vessels in the regulated area or to restrict
vessels from entering the regulated area. The Patrol Commander shall be
designated by the cognizant Coast Guard Sector Commander; will be a
U.S. Coast Guard commissioned officer, warrant officer, or petty
officer to act as the Sector Commander's official representative; and
will be located aboard the lead official patrol vessel. As the Sector
Commander's representative, the PATCOM may terminate the event any time
it is deemed necessary for the protection of life and property. PATCOM
may be reached on VHF-FM Channel 13 (156.65MHz) or 16 (156.8MHz) when
required, by the call sign ``PATCOM.'' The Patrol Commander may, upon
request, allow the transit of commercial vessels through regulated
areas when it is safe to do so. The Coast Guard may be assisted by
other Federal, state, or local agencies.
This notice of enforcement is issued under authority of 33 CFR
100.1104 and 5 U.S.C. 552(a). In addition to this notification 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, marine information broadcasts, and
Broadcast Notice to Mariners. If the Captain of the Port Los Angeles--
Long Beach determines that the Special Local Regulations need not to be
enforced for the full duration stated in this notice, the Captain of
the Port may use a Broadcast Notice to Mariners to reflect the change.
Dated: November 17, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2023-25994 Filed 11-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.309908 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0864-0001/content.htm"
} |
USCG-2023-0865-0001 | Rule | 2023-11-20T05:00:00 | Safety Zone; Oswego River, Oswego, NY |
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80589-80591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25582]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0865]
RIN 1625-AA00
Safety Zone; Oswego River, Oswego, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 210-foot radius of a pedestrian bridge and
the surrounding Oswego River in Oswego, NY. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Buffalo.
DATES: This rule is effective from 5:15 p.m. through 6:45 p.m. November
25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0865 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 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. 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 (previously 33 U.S.C. 1231). 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 5:15 p.m. through 6:45
p.m. on November 25, 2023. The safety zone will cover all navigable
waters within a 210-foot radius of land launched fireworks over the
Oswego River in Oswego, NY. The duration of the zone is intended to
protect spectators, 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 Buffalo 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
[[Page 80590]]
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. The safety zone
will encompass a 210-foot radius of land launched fireworks in the
Oswego River, in Oswego, NY, lasting approximately 1.5 hours during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 1.5 hours that will prohibit entry
within a 210-foot radius on the Oswego River, in Oswego, NY. for a
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.T09-0865 to read as follows:
Sec. 165.T09-0865 Safety Zone; Oswego River, NY.
(a) Location. The following area is a safety zone: All waters of
the Oswego River, from surface to bottom, encompassed by a 210-foot
radius around 43[deg]27'15.18'' N 76[deg]30'27.89'' 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 Buffalo (COTP) in the enforcement of the safety
zone.
[[Page 80591]]
(c) 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 COTP Buffalo or a
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. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo, or their
designated representative.
(d) Enforcement period. The regulated area described in paragraph
(a) is effective from 5:15 p.m. through 6:45 p.m. on November 25, 2023.
Dated: November 9, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-25582 Filed 11-17-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.311431 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0865-0001/content.htm"
} |
USCG-2023-0869-0001 | Rule | 2023-11-13T05:00:00 | Safety Zone; Bayou Lafourche, Galliano, LA |
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77512-77513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24949]
[[Page 77512]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0869]
RIN 1625-AA00
Safety Zone; Bayou Lafourche, Galliano, LA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
Bayou Lafourche. This temporary safety zone encompasses an area 440
yards north and south of position 29[deg]25'28.6'' N 90[deg]17'31.5''
W. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by the construction
of the Airport Road Bridge. Entry of vessels or persons into this zone
and movement of vessels within this zone is prohibited unless
specifically authorized by the Captain of the Port Marine Safety Unit
Houma (COTP) or a designated representative.
DATES: This rule is effective without actual notice from November 13,
2023 through November 15, 2023. For the purposes of enforcement, actual
notice will be used from November 8, 2023 until November 13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0869 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 Justin Kimrey, Waterways Management
and Facilities Division Chief, U.S. Coast Guard; telephone: (985) 850-
6473 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. Establishing the
safety zone is necessary to facilitate safe construction of a bridge
that is in a location frequented by commercial and recreational vessel
traffic. Immediate action is needed to respond to the potential safety
hazards associated with bridge construction operations. We must
establish the safety zone by November 8, 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 because immediate action is needed to
respond to the potential safety hazards associated with construction of
the Airport Road 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 Marine Safety Unit Houma (COTP) has
determined that potential hazards associated with the bridge
construction operations continuing through November 15, 2023, will be a
safety concern for anyone within 440 yards north or south around
position 29[deg]25'28.6'' N 90[deg]17'31.5'' W in Bayou Lafourche,
Galliano, LA. This rule is needed to protect life and property on the
navigable waters while bridge construction operations are being
conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from November 8,
2023, through November 15, 2023. This temporary safety zone encompasses
an area 440 yards north and 440 yards south of position
29[deg]25'28.6'' N 90[deg]17'31.5'' W, in Bayou Lafourche, Galliano,
LA. The duration of the zone is intended to protect life and property
on these navigable waters for the duration of bridge construction. No
vessel or person will be permitted to enter and move within 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 assigned to units under the
operational control of USCG Marine Safety Unit Houma. Vessels requiring
entry into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16
or 67. Persons and vessels permitted to enter or to move within this
safety zone must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or the designated
representative. The COTP or a designated representative will inform the
public of the enforcement periods and changes through Broadcast Notices
to Mariners (BNMs), Local Notices to Mariners (LNMs), 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 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 of
the safety zone. Vessel traffic will have alternate routes of
navigation to reach their desired destinations. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
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
[[Page 77513]]
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 the
establishment of a safety zone that will prohibit entry within 440
yards north and 440 yards south of vessels and machinery being used for
bridge construction operations. It is categorically excluded from
further review under paragraph L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0869 to read as follows:
Sec. 165.T08-0869 Safety Zone; Bayou Lafourche, Galliano, LA.
(a) Location. The following area is a safety zone: All waters of
Bayou Lafourche, from surface to bottom 440 yards north and 440 yards
south of position 29[deg]25'28.6'' N 90[deg]17'31.5'' W. These
coordinates are based the 1984 World Geodetic System (WGS 84).
(b) Definition. 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 Marine Safety Unit Houma.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or remaining within this zone is
prohibited unless authorized by the Captain of the Port Marine Safety
Unit Houma (COTP) or designated representative.
(2) To enter the safety zone described in paragraph (a) of this
section, you must contact the COTP or a designated representative and
obtain permission to do so. They may be contacted on VHF-FM Channel 16
or 67 or by telephone at (985) 665-9180. Persons and vessels permitted
to enter this safety zone must transit at their slowest safe speed and
comply with all lawful directions issued by COTP or the designated
representative.
(d) Enforcement period. This section will be enforced from November
8, 2023, through November 15, 2023. It will be subject to enforcement
this entire period unless the COTP determines it is no longer needed,
in which case the Coast Guard will inform mariners via Notice to
Mariners.
Dated: November 7, 2023.
L.T. O'Brien,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Houma.
[FR Doc. 2023-24949 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.312581 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0869-0001/content.htm"
} |
USCG-2023-0870-0001 | Rule | 2023-11-13T05:00:00 | Safety Zone; APEC 2023 Fireworks; San Francisco Bay, San Francisco, CA |
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77509-77511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24856]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0870]
RIN 1625-AA00
Safety Zone; APEC 2023 Fireworks; San Francisco Bay, San
Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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[[Page 77510]]
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable water of the San Francisco Bay in San Francisco, CA in
support of a fireworks display on November 15, 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 8 a.m. until 7:30 p.m. on November
15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0870 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 K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, phone 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. The Coast Guard
did not receive final details for this event until October 31, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by
November 15, 2023, and lacks sufficient time to provide a reasonable
comment period and to consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the scheduled
fireworks display in San Francisco, CA on November 15, 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 San Francisco (COTP) has determined that
potential hazards associated with scheduled fireworks display on
November 15, 2023, will be a safety concern for anyone within a 100-
foot radius of the fireworks vessel during loading and staging. For
this reason, this temporary safety zone is needed to protect personnel,
vessels, and the marine environment on the navigable waters around the
fireworks vessel.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. until
7:30 p.m. on November 15, 2023, during the loading, staging, and
transit of the fireworks vessel from Westar Marine Service Pier 50, San
Francisco, CA. During the loading, staging, and transit of the
fireworks vessel scheduled to take place between 8 a.m. and 7:30 p.m.
on November 15, 2023, the safety zone will encompass the navigable
waters around and under the fireworks vessel, from surface to bottom,
within a circle formed by connecting all points 100 feet out from the
fireworks vessel. The safety zone will terminate at 7:30 p.m. on
November 15, 2023, or as announced via Marine Information Broadcast.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks vessel during loading, staging,
and transit. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in a restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the safety zone. This regulation is necessary to ensure
the safety of 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 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 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. Vessels desiring to transit through or
around the temporary safety zone may do so upon receiving 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,
[[Page 77511]]
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 of the San Francisco Bay
around the loading, staging, and transit of fireworks at Westar Marine
Services Pier 50. 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.T11-147 to read as follows:
Sec. 165.T11-147 Safety Zone; APEC 2023 Fireworks; San Francisco
Bay, San Francisco, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
vessel during loading and staging at Westar Marine Services Pier 50 in
San Francisco, CA, as well as during transit and arrival to the display
location on November 15, 2023.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-21A or through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 7:30 p.m. on November 15, 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: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-24856 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.314329 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0870-0001/content.htm"
} |
USCG-2023-0871-0001 | Rule | 2023-11-13T05:00:00 | Special Local Regulation; Marine Events Within the Eleventh Coast Guard District—Mission Bay Parade of Lights |
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Page 77509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25027]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0871]
Special Local Regulation; Marine Events Within the Eleventh Coast
Guard District--Mission Bay Parade of Lights
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
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SUMMARY: The Coast Guard will enforce the special local regulation on
the waters of Mission Bay, CA, during the Mission Bay Parade of Lights
on December 10, 2022. 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 Sector San Diego or their
designated representative.
DATES: The regulations in 33 CFR 100.1101 for the location described in
Item 6 in Table 1 to Sec. 100.1101, will be enforced from 5:30 p.m.
through 8 p.m. on December 10, 2023, and December 17, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant 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. 6 in Table 1 to Sec. 100.1101, from 5:30 p.m. until 8 p.m. on
December 10, 2023, and December 17, 2023, for the Mission Bay Parade of
Lights in Mission 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. 6 in table 1 to Sec. 100.1101,
specifies the location of the regulated area for the Mission Bay Parade
of Lights, which encompasses portions of Mission 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.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-25027 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.315934 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0871-0001/content.htm"
} |
USCG-2023-0872-0001 | Notice | 2023-11-24T05:00:00 | National Merchant Marine Personnel Advisory Committee; December 2023 Virtual Meeting |
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Pages 82392-82393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25912]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0872]
National Merchant Marine Personnel Advisory Committee; December
2023 Virtual Meeting
AGENCY: United States Coast Guard, Department of Homeland Security.
ACTION: Notice of open Federal advisory committee virtual meeting.
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SUMMARY: The National Merchant Marine Personnel Advisory Committee
(Committee) will conduct a virtual meeting to discuss issues relating
to personnel in the United States Merchant Marine including the
training, qualifications, certification, documentation, and fitness of
mariners. The virtual meeting will be open to the public.
DATES:
Meeting: The Committee will meet virtually on Tuesday, December 12,
2023, from 10:00 a.m. until 2:30 p.m. Eastern Standard Time, (EST). The
virtual meeting 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 meeting, submit your
written comments no later than December 5, 2023.
ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. EST on December 5,
2023, to obtain the needed information.
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 [email protected] or call 202-372-1361 as soon
as possible.
Instructions: You are free to submit comments at any time,
including orally at the meeting as time permits, but if you want
Committee members to review your comment before the virtual meeting,
please submit your comments no later than December 5, 2023. We are
particularly interested in comments regarding the topics in the
``Agenda'' section below. 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-2023-0872 in the
search box and click ``Search.'' Next, look for this
[[Page 82393]]
document in the Search Results column, and click on it. 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-2023-0872. 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 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 Marine Personnel Advisory
Committee, telephone 202-372-1361 or email [email protected].
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C., ch. 10).
The Committee is 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. 15103. The Committee operates under the
provisions of the Federal Advisory Committee Act and 46 U.S.C. 15109.
The Committee advises the Secretary of Homeland Security through the
Commandant, U.S. 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 Tuesday, December 12, 2023.
The agenda for the December 12, 2023, meeting is as follows:
(1) Introduction.
(2) Designated Federal Officer Remarks.
(3) Roll call of Committee members.
(4) Adoption of the Agenda.
(5) Acceptance of Minutes from Committee Meeting 5.
(6) U.S. Coast Guard Presentations:
(a) 2023 Report on Recommendations to the U.S. Coast Guard from the
National Merchant Marine Personnel Advisory Committee;
(b) Presentation of New Merchant Mariner Credential.
(7) Public comment period.
(8) Closing remarks.
(9) 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) no later than
December 5, 2023. Alternatively, you may contact the individual noted
in the FOR FURTHER INFORMATION section above.
During the December 12, 2023 meeting, a public comment period will
be held immediately after the U.S. Coast Guard Presentations, at
approximately 12:30 p.m. EST. Public comments will be limited to 3
minutes per speaker and limited to one comment per person. 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: November 9, 2023.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2023-25912 Filed 11-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.316619 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0872-0001/content.htm"
} |
USCG-2023-0882-0001 | Rule | 2023-11-13T05:00:00 | Special Local Regulations; San Diego Parade of Lights, San Diego, CA |
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Page 77509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25028]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0882]
Special Local Regulations; San Diego Parade of Lights, San Diego,
CA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
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SUMMARY: The Coast Guard will enforce the San Diego Parade of Lights
special local regulations on the waters of San Diego Bay, California on
December 10, 2023 and December 17, 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 Sector San
Diego or a designated representative.
DATES: The regulations in 33 CFR 100.1101 will be enforced from 5 p.m.
through 8 p.m. on December 10, 2023, and from 5 p.m. through 8 p.m. on
December 17, 2023, for Item 5 in Table 1 of Section 100.1101.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
publication of enforcement, call or email Lieutenant 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 San Diego Parade of Lights
in San Diego Bay, CA in 33 CFR 100.1101, Table 1, Item 5 of that
section from 5 p.m. until 8 p.m. on December 10, 2023, and on December
17, 2023. This enforcement action is being taken to provide for the
safety of life on navigable waterways during the event. The Coast
Guard's regulation for recurring marine events in the San Diego Captain
of the Port Zone identifies the regulated entities and area for this
event. During the enforcement periods and under the provisions of 33
CFR 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 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, marine
information broadcasts, and local advertising by the event sponsor.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-25028 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.317470 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0882-0001/content.htm"
} |
USCG-2023-0883-0001 | Rule | 2023-11-09T05:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77200-77201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24845]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0883]
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.
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SUMMARY: The Coast Guard will enforce a 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 November 13,
2023, through November 20, 2023. This safety zone is necessary to
protect personnel, vessels, and the marine environment from potential
explosion within the explosive arc. The safety zone is open to all
persons and vessels for transitory use, but vessel operators desiring
to anchor or otherwise loiter within the safety zone must obtain the
permission of the Captain of the Port San Francisco or a designated
representative. All persons and vessels operating within the safety
zone must comply with all directions given to them by the Captain of
the Port San Francisco or a designated representative.
DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on November 13, 2023, until 11:59 p.m. on November 20, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email LT Abby Hamann, U.S. Coast
Guard Sector San Francisco, Waterways Management Division, at 415-399-
3585, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on November 13, 2023, until 11:59 p.m.
on
[[Page 77201]]
November 20, 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: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-24845 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.318060 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0883-0001/content.htm"
} |
USCG-2023-0884-0001 | Rule | 2023-11-09T05:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA |
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77207-77208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24846]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0884]
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 a 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 November 7, 2023,
through November 10, 2023. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential explosion
within the explosive arc. The safety zone is open to all persons and
vessels for transitory use, but vessel operators desiring to anchor or
otherwise loiter within the safety zone must obtain the permission of
the Captain of the Port San Francisco or a designated representative.
All persons and vessels operating within the safety zone must comply
with all directions given to them by the Captain of the Port San
Francisco or a designated representative.
DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on November 7, 2023, until 11:59 p.m. on November 10, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email LT Abby Hamann, U.S. Coast
Guard Sector San Francisco, Waterways Management Division, at 415-399-
3585, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on November 7, 2023, until 11:59 p.m. on
November 10, 2023, or as announced via marine local broadcasts. This
safety zone is necessary to protect personnel, vessels, and the marine
environment from potential explosion within the explosive arc. The
regulation for this safety zone, Sec. 165.1198, specifies the location
of the safety zone which encompasses the navigable waters in the area
between 500 yards of MOTCO Pier 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.
[[Page 77208]]
Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-24846 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.319199 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0884-0001/content.htm"
} |
USCG-2023-0886-0001 | Rule | 2023-12-08T05:00:00 | Special Local Regulation; Lake Havasu, Lake Havasu City, AZ |
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85496-85498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27038]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0886]
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 for
the 2023 Lake Havasu City Christmas Parade of Lights that will be held
on the navigable waters of Lake Havasu, AZ. This action is necessary to
provide for the safety of life on these navigable waters of Lake Havasu
during a vessel parade. This rule would prohibit spectators from
anchoring, blocking, loitering, or transiting through the event area
unless authorized by the Captain of the Port San Diego or a designated
representative.
DATES: This rule is effective from 5 p.m. through 9 p.m. on December 9,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0886 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 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 December 9, 2023. The Coast Guard did not receive final
details regarding the parade route until October 18, 2023. As such, 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 immediate action
is needed to ensure the safety of life on the navigable waters of Lake
Havasu during the marine event on December 9, 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 large presence of vessels in Lake Havasu associated with the
2023 Lake Havasu City Christmas Parade of Lights on December 9, 2023,
poses a potential safety concern. This rule is needed to protect
persons, vessels, and the marine
[[Page 85497]]
environment in the navigable waters within Lake Havasu while the event
is occurring.
IV. Discussion of the Rule
This rule establishes a special local regulation from 5 p.m. until
9 p.m. on December 9, 2023. The special local regulation will cover all
navigable waters encompassing the parade route on a pre-determined
course through North Lake Havasu, Bridgewater Channel, and Thompson
Bay. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters while the
bridge is being repaired. No vessel or person will be permitted to
enter the special local regulation 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 Lake Havasu will be of very limited duration, during evening
hours when vessel traffic is historically low, and is necessary for
safety of life to participants in the event. Moreover, the Coast Guard
would make a post in the Local Notice to Mariners with details on 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
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting only 4 hours that will prohibit entry
into a pre-determined course for a vessel parade. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1.
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:
[[Page 85498]]
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.T1199-0137 to read as follows:
Sec. 100.T1199-0137 2023 Lake Havasu City Christmas Parade of
Lights, Lake Havasu, Arizona.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of Lake Havasu, from surface to bottom, on a
predetermined parade route starting in Thompson Bay, proceeding north
through the Bridgewater Channel, turning around in North Lake Havasu,
proceeding south back through the Bridgewater Channel, and returning to
the starting point of the parade in Thompson Bay.
(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 San Diego
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the parade.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector San Diego or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (619) 278-7000. 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 5 p.m.
to 9 p.m. on December 9, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-27038 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.319680 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0886-0001/content.htm"
} |
USCG-2023-0898-0001 | Rule | 2023-11-28T05:00:00 | Safety Zone; Fireworks Displays Within the Fifth Coast Guard District |
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83028-83029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26152]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0898]
Safety Zone; Fireworks Displays Within the Fifth Coast Guard
District
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for a fireworks
display at The Wharf DC on December 2, 2023, to provide for the safety
of life on navigable waterways during this event. Our regulation for
Fireworks Displays within the Fifth Coast Guard District identifies the
safety zone for this event in Washington, DC. During the enforcement
period, vessels may not enter, remain in, or transit through the safety
zone unless authorized to do so by the COTP or his representative, and
vessels in the vicinity must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.
DATES: The regulation in 33 CFR 165.506 will be enforced for the
location identified in line no. 1 of table 2 to 33 CFR 165.506(h)(2)
from 7 p.m. until 9 p.m. on December 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-57-2596, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
regulation for a fireworks display at The Wharf DC from 7:00 p.m. to
9:00 p.m. on December 2, 2023. This action is being taken to provide
for the safety of life on navigable waterways during this event. Our
regulation for Fireworks Displays within the Fifth Coast Guard
District, Sec. 165.506, specifies the location of the safety zone for
the fireworks show, which encompasses portions of the Washington
Channel in the Upper Potomac River. During the enforcement period, as
reflected in Sec. 165.506(b), if
[[Page 83029]]
you are the operator of a vessel in the vicinity of the safety zone,
you may not enter, remain in, or transit through the safety zone unless
authorized to do so by the COTP or his representative, and 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: November 20, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-26152 Filed 11-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.321546 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0898-0001/content.htm"
} |
USCG-2023-0899-0001 | Rule | 2023-12-07T05:00:00 | Special Local Regulations; Marine Events Within the Captain of the Port Charleston |
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85110-85111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26844]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2023-0899]
Special Local Regulations; Marine Events Within the Captain of
the Port Charleston
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulation for
the Charleston Parade of Boats on December 9, 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 period, no person or vessel may enter, transit through,
anchor in, or remain within the regulated area unless authorized by the
Coast Guard Patrol Commander or a designated representative.
DATES: The regulations in 33 CFR 100.704 will be enforced from 4 p.m.
through 8 p.m. on December 9, 2023, for the location identified in
paragraph (d), Item 10 in table 1 to Sec. 100.704.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant James Sullivan,
Sector Charleston Waterways Management Division, U.S. Coast Guard;
telephone 843-740-3184, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in 33 CFR 100.704 for the Charleston Parade of Boats
regulated area identified in table 1 to Sec. 100.704, paragraph (d),
Item 10, from 4 p.m. until 8 p.m. on December 9, 2023. This action is
being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for recurring marine events, Captain
of the Port Charleston, Sec. 100.704, paragraph (d), Item 10,
specifies the location of the regulated area for the Charleston Parade
of Boats, which encompasses portions of the Charleston Harbor located
in Charleston, SC, including Anchorage A, Shutes Folly, Bennis Reach,
Horse Reach, Hog Island Reach, Town Creek Lower Reach, and Ashley
River. Under the provisions of 33 CFR 100.704, all persons and vessels
are prohibited from entering the regulated area, except those persons
and vessels participating in the event, unless they receive permission
to do so from the Coast Guard Patrol Commander, or designated
representative.
Spectator vessels may safely transit outside the regulated area,
but may not anchor, block, loiter in, impede the transit of festival
participants or official patrol vessels or enter the regulated area
without approval from the Coast Guard Patrol Commander or a 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 notice of the regulated area via Local Notice
to Mariners, Marine Safety Information Bulletins, Broadcast Notice to
Mariners, and on-scene designated representatives.
[[Page 85111]]
Dated: November 27, 2023.
F.J. Delrosso,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2023-26844 Filed 12-6-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.322490 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0899-0001/content.htm"
} |
USCG-2023-0902-0001 | Rule | 2023-11-17T05:00:00 | Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX |
[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80134-80136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25457]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0902]
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 four temporary, 500-yard
radius, moving security zones within the Corpus Christi Ship Channel
and the La Quinta Channel. The temporary security zones are needed to
protect certain vessels carrying cargoes which pose such risks that
they require an elevated level of security, the cargoes themselves, 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 November 17,
2023 until November 24, 2023. For the purposes of enforcement, actual
notice will be used from November 10, 2023, until November 17, 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
[[Page 80135]]
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 November 10, 2023 to ensure
security of these vessels and lacks sufficient time to provide a
reasonable comment period and 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) BONITO LNG, M/V CLEAN RESOLUTION,
M/V INNOVATOR and M/V PILAARGAS, 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
the 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.
IV. Discussion of the Rule
The Coast Guard is establishing four 500-yard radius, temporary,
moving security zones around M/V BONITO LNG, M/V CLEAN RESOLUTION, M/V
INNOVATOR and M/V PILAARGAS. To facilitate compliance with requirements
of the security zones, the vessel names will be clearly marked on the
port, starboard, and stern. The zones for the vessels will be effective
and enforced from November 10, 2023, through November 24, 2023, to
protect the vessels, their cargo, and the surrounding waterways from
terrorist acts, sabotage, or other subversive acts, accidents, or other
events of a similar nature while the vessels are traveling within the
La Quinta and Corpus Christi Ship Channels. 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 Ship Channel as the vessels
transit the channel over an fifteen day period. Moreover, the rule
allows other 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
[[Page 80136]]
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 BONITO LNG, M/V CLEAN RESOLUTION, M/V
INNOVATOR and M/V PILAARGAS 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 BONITO LNG, M/V CLEAN RESOLUTION, M/V
INNOVATOR and M/V PILAARGAS while the vessels are transiting loaded
within Corpus Christi Ship Channel and La Quinta Channel. It is
categorically excluded from further review under L60(d) 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.T08-0902 to read as follows:
Sec. 165.T08-0902 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 BONITO
LNG, M/V CLEAN RESOLUTION, M/V INNOVATOR and M/V PILAARGAS while the
vessels are in the Corpus Christi Ship Channel and the La Quinta Ship
Channel.
(b) Effective period. This section will be in effect, and subject
to enforcement, from November 10, 2023, through November 24, 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 Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
these security zones.
Dated: November 9, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-25457 Filed 11-16-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.323043 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0902-0001/content.htm"
} |
USCG-2023-0903-0001 | Proposed Rule | 2023-12-13T05:00:00 | Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations |
[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Proposed Rules]
[Pages 86295-86301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27306]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0903]
RIN 1625-AA08
Special Local Regulations; Sector Ohio Valley Annual and
Recurring Special Local Regulations
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes amending and updating its special
local regulations for recurring marine parades, regattas, and other
events that take place in the Coast Guard Sector Ohio Valley area of
responsibility (AOR). This proposed rulemaking would update the current
list of recurring special local regulations with revisions, additions,
and removals of events that no longer take place in the Sector Ohio
Valley AOR. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 12, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0903 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION. This notice of
proposed rulemaking with its plain-language, 100-word-or-less proposed
rule summary will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Bryan Crane, Sector
Ohio Valley, U.S. Coast Guard; telephone (502) 779-5334, 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
The Captain of the Port Sector Ohio Valley (COTP) proposes to
update the current list of recurring special local regulations for
events occurring within the Sector Ohio Valley area of responsibility
within the Coast Guard's Eighth District. The list of events we seek to
update is in Title 33 of the Code of Federal Regulations (CFR) section
100.801, Table 1 to Sec. 100.801.
The Coast Guard will consider comments submitted on this proposed
rule in determining if any additional revisions are needed to this
regulatory section. Additionally, the public would be informed of these
recurring events through local means and planned by the local
communities.
The current list of annual and recurring special local regulations
occurring in Sector Ohio Valley's AOR is published in 33 CFR 100.801,
Table 1 titled ``Ohio Valley Annual and Reoccurring Marine Events.''
The most recent list was published on April 4, 2023 (87 FR 6026).
The Coast Guard's authority for establishing a special local
regulation is contained in 46 U.S.C. 70041(a). The Coast Guard proposes
to amend and update the special local regulations in 33 CFR 100.801,
Table 1, to include the most up to date list of recurring special local
regulations for events held on or around the navigable waters within
Sector Ohio Valley's AOR. These events would include marine parades,
boat races, swim events, and other marine related events. The current
list under 33 CFR 100.801, Table 1, requires amendment to provide new
information on existing special local regulations, add new special
local regulations expected to recur annually or biannually, and to
remove special local regulations that no longer occur. Issuing
individual regulations for each new special local regulation,
amendment, or removal of an existing special local regulation creates
unnecessary administrative costs and burdens. This single proposed
rulemaking will considerably reduce administrative overhead. It also
provide the public with notice through publication in the Federal
Register of all recurring special local regulations in the AOR.
III. Discussion of Proposed Rule
Part 100 of 33 CFR contains regulations describing regattas and
marine parades conducted on U.S. navigable waters in order to ensure
the safety of life in the regulated areas. Section 100.801 provides the
regulations applicable to events taking place in the Eighth Coast Guard
District and also provides a table listing each event and special local
regulations. This section requires amendment from time to time to
properly reflect the recurring special local regulations. This proposed
rule would update section 100.801, Table 1 titled ``Ohio Valley Annual
and Reoccurring Marine Events.''
This proposed rule would add 4 new recurring special local
regulations to Table 1 of section 100.801 for Sector Ohio Valley, as
follows:
----------------------------------------------------------------------------------------------------------------
Sector Ohio Valley
Date Event/sponsor location (city, state) Regulated area
----------------------------------------------------------------------------------------------------------------
2 Days--Saturday and Sunday before Powerboat Nationals-- Point Marion, PA....... Monongahela River,
Memorial Day. Point Marion. Miles 89-91
(Pennsylvania).
1 Day--One Weekend in June........... Race on the Oyo........ Racine, OH to Point Ohio River (Mile 242-
Pleasant, WV. 265) Ohio.
[[Page 86296]]
1 Day--Last Weekend in June or First Charleston Sternwheel Charleston, WV......... Kanawha River (Mile 58-
Weekend in July. Regatta. 59) West Virginia.
1 Day in August...................... Team Rocket Tri Club/ Huntsville, AL......... Tennessee River, Mile
Swim Hobbs Island. 332.3-338.0.
----------------------------------------------------------------------------------------------------------------
These new recurring special local regulations would be reflected in
the table in the general date order in which they will occur. The
current recurring special local regulations would be reordered, as
shown in the proposed regulatory text below.
Additionally, this proposed rule would amend 27 recurring special
local regulations in Table 1 of section 100.801 for Sector Ohio Valley,
as follows. The revisions provide more accurate descriptions of the
events, dates, locations, and areas.
----------------------------------------------------------------------------------------------------------------
Sector Ohio Valley
Date Event/sponsor location (city, state) Regulated area
----------------------------------------------------------------------------------------------------------------
3 Days--A Weekend in March........... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Cardinal 52.0 (Tennessee).
Invitational.
1 Day--A weekend in March............ Vanderbilt Rowing/ Nashville, TN.......... Cumberland River, Mile
Vanderbilt Invite. 188.0-192.7
(Tennessee).
2 Days--A Weekend in March........... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Atomic 52.0 (Tennessee).
City Turn and Burn.
3 Days--A weekend in April........... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/SIRA 52.0 (Tennessee).
Regatta.
3 Days--A weekend in April........... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Dogwood 52.0 (Tennessee).
Junior Regatta.
3 Days in May........................ Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/College 52.0 (Tennessee).
Championship.
4 Days in May........................ Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/ACRA 52.0 (Tennessee).
Championship.
3 Days--A weekend in May............. Vanderbilt Rowing/ACRA Nashville, TN.......... Cumberland River, Mile
Henley. 188.0-194.0
(Tennessee).
3 Days--A weekend in May............. Oak Ridge Association/ Oak Ridge, TN.......... Clinch River, Mile 48.5-
SRAA Championship. 52.0 (Tennessee).
1 Day--A weekend in May.............. World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 462.7-467.5
70.3. (Tennessee).
1 Day in May......................... Chickamauga Dam Swim... Chattanooga, TN........ Tennessee River, Mile
470.0-473.0
(Tennessee).
1 Day in May......................... Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Mile
Nooga Loop. 452.0-458.0
(Tennessee).
1 Day--A weekend in June............. Team Magic/Chattanooga Chattanooga, TN........ Tennessee River, Mile
Waterfront Triathlon. 462.5-466.0
(Tennessee).
1 Day--One of the First Two Weekends Adventure Crew/Ohio Cincinnati, Ohio....... Ohio River, Mile 464.5-
in August. River Paddlefest. 477 (Ohio and
Kentucky).
1 Day in August...................... Three Rivers Regatta... Knoxville, TN.......... Tennessee River, Mile
642.0-653.0
(Tennessee).
1 Day--Last Sunday in August or Adventure Crew/Great Cincinnati, Ohio....... Ohio River, Mile 468.8-
Second Sunday in September. Ohio River Swim. 471.2 (Ohio and
Kentucky).
3 Days in September.................. Music City Grand Prix.. Nashville, TN.......... Cumberland River, Mil
190.0-191.0
(Tennessee).
1 Day in August...................... Team Rocket Tri-Club/ Huntsville, AL......... Tennessee River, Mile
Rocketman Triathlon. 332.2-335.5 (Alabama).
2 Days in August..................... Ironman Triathlon...... Louisville, KY......... Ohio River, Mile 600.5-
605.5 (Kentucky).
1 Day in August...................... Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile
Network/Downtown 646.3-648.7
Dragon Boat Races. (Tennessee).
1 Day in September................... City of Clarksville/ Clarksville, TN........ Cumberland River, Mile
Riverfest. 125.0-126.0
(Tennessee).
1 Day in September................... Knoxville Open Water Knoxville, TN.......... Tennessee River, Mile
Swimmers/Bridges to 641.0-648.0
Bluffs. (Tennessee).
1 Day in September................... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 462.7-467.5
Chattanooga. (Tennessee).
1 Day in October..................... Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Mile
Swim the Suck. 443.0-455.0
(Tennessee).
1 Day in October..................... Lookout Rowing Club/ Chattanooga, TN........ Tennessee River, Mile
Chattanooga Head Race. 463.0-468.0
(Tennessee).
2 Days in October.................... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 46.0-
Association/Secret 54.0 (Tennessee).
City Head Race.
3 Days--A weekend in November........ Head of the Hooch Chattanooga, TN........ Tennessee River, Mile
Regatta. 463.0-468.0
(Tennessee).
----------------------------------------------------------------------------------------------------------------
[[Page 86297]]
Lastly, this proposed rule would remove 2 recurring special local
regulations in Table 1 of section 100.801 for Sector Ohio Valley. The
events will no longer occur as described. Changes are as follows:
----------------------------------------------------------------------------------------------------------------
Sector Ohio Valley
Date Event/sponsor location (city, state) Regulated area
----------------------------------------------------------------------------------------------------------------
1 Day--One of the first two weekends City of Bellevue, KY/ Bellevue, KY........... Ohio River, Miles 468.2-
in July City of Bellevue, KY/ Bellevue Beach Park 469.2 (Kentucky &
Bellevue Beach Park Concert Concert Fireworks. Ohio).
Fireworks Bellevue, KY Ohio River,
Miles 468.2-469.2 (Kentucky & Ohio).
1 Day--First week in August.......... Gliers Goetta Fest LLC. Newport, KY............ Ohio River, Miles 469.0-
471.0.
----------------------------------------------------------------------------------------------------------------
The effect of this proposed rule would be to restrict general
navigation during these events. Vessels intending to transit the
designated waterways during effective periods of the special local
regulations would only be allowed to transit the area when the COTP or
designated representative, has deemed it would be safe to do so or at
the completion of the event.
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).
The Coast Guard expects the economic impact of this proposed rule
to be minimal, therefore a full regulatory evaluation is unnecessary.
This proposed rule would establish special local regulations limiting
access to certain areas described in 33 CFR 100.801, Table 1. The
effect of this proposed rulemaking would not be significant because
these special local regulations are limited in scope and duration.
Additionally, the public would be given advance notification through
local forms of notice, the Federal Register, or Notices of Enforcement.
Thus, the public would be able to plan their operations and activities
around enforcement times of the special local regulations. Broadcast
Notices to Mariners, Local Notices to Mariners, and Safety Marine
Information Broadcasts would also inform the community of these special
local regulations. Vessel traffic would be permitted to request
permission from the COTP or a designated representative to enter the
restricted areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for reasons stated in section
IV.A. above, this proposed rule would not have a significant economic
impact on any owner or operator because they are limited in scope and
will be in effect for short periods of time.
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
[[Page 86298]]
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. Normally such actions are
categorically excluded from further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. of
the Instruction because it involves establishment of special local
regulations related to marine event permits 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 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-2023-0903 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 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. 100.801, revise and republish Table 1 to Sec. 100.801 to
read as follows:
Sec. 100.801 Annual Marine Events in the Eighth Coast Guard
District.
* * * * *
Table 1 to Sec. 100.801--Sector Ohio Valley Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
Date Event/sponsor Ohio Valley location Regulated area
----------------------------------------------------------------------------------------------------------------
1. 3 Days--a weekend in March........ Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Cardinal 52.0 (Tennessee).
Invitational.
2. 1 Day in March.................... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/US Rowing 52.0 (Tennessee).
U19 ID Camp.
3. 1 Day a weekend in March.......... Vanderbilt Rowing/ Nashville, TN.......... Cumberland River, Mile
Vanderbilt Invite. 188.0-192.7
(Tennessee).
4. 2 Days--a weekend in March........ Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Atomic 52.0 (Tennessee).
City Turn and Burn.
5. 3 Days--One weekend in April...... Big 10 Invitational Oak Ridge, TN.......... Clinch River, Mile 48.5-
Regatta. 52.0 (Tennessee).
6. 1 Day--One weekend in April....... Lindamood Cup.......... Marietta, OH........... Muskingum River, Mile
0.5-1.5 (Ohio).
7. 3 Days--a weekend in April........ Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/SIRA 52.0 (Tennessee).
Regatta.
8. 2 Days--Third or fourth Friday and Thunder Over Louisville Louisville, KY......... Ohio River, Mile 597.0-
Saturday in April. 604.0 (Kentucky).
9. 1 Day--During the last week of Great Steamboat Race... Louisville, KY......... Ohio River, Mile 595.0-
April or first week of May. 605.3 (Kentucky).
10. 3 Days--a weekend in April....... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Dogwood 52.0 (Tennessee).
Junior Regatta.
11. 3 Days in May.................... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/AAC 52.0 (Tennessee).
Championship.
12. 4 Days in May.................... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/ACRA 52.0 (Tennessee).
Championship.
[[Page 86299]]
13. 3 Days in May.................... US Rowing Southeast Oak Ridge, TN.......... Clinch River, Mile 48.5-
Youth Championship 52 (Tennessee).
Regatta.
14. 3 Days--a weekend in May......... Vanderbilt Rowing/ACRA Nashville, TN.......... Cumberland River, Mile
Henley. 188.0-194.0
(Tennessee).
15. 3 Days--a weekend in May......... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/SRAA 52.0 (Tennessee).
Championships.
16. 3 Days--A weekend in May or June. Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 48.5-
Association/Dogwood 52.0 (Tennessee).
Masters.
17. 1 Day--a weekend in May.......... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 462.7-467.5
70.3. (Tennessee).
18. 2 Days--Saturday and Sunday Powerboat Nationals-- Point Marion, PA....... Monongahela River,
before Memorial Day. Point Marion. Miles 89.0-91.0
(Pennsylvania).
19. 1 Day--During the last weekend in Mayor's Hike, Bike and Louisville, KY......... Ohio River, Mile 601.0-
May or on Memorial Day. Paddle. 604.5 (Kentucky).
20. 1 Day in May..................... Chickamauga Dam Swim... Chattanooga, TN........ Tennessee River, Mile
470.0-473.0
(Tennessee).
21. 2 Days--Last weekend in May or Visit Knoxville/Racing Knoxville, TN.......... Tennessee River, Mile
first weekend in June. on the Tennessee. 647.0-648.0
(Tennessee).
22. 1 Day in May..................... Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Mile
Nooga Loop. 452.0-458.0
(Tennessee).
23. 2 Days--First weekend of June.... Thunder on the Bay/KDBA Pisgah Bay, KY......... Tennessee River, Mile
30.0 (Kentucky).
24. 1 Day--First weekend in June..... Visit Knoxville/ Knoxville, TN.......... Tennessee River, Mile
Knoxville Powerboat 646.4-649.0
Classic. (Tennessee).
25. 3 Days--One of the last three Lawrenceburg Regatta/ Lawrenceburg, IN....... Ohio River, Mile 491.0-
weekends in June. Whiskey City Regatta. 497.0 (Indiana).
26. 3 Days--One of the last three Hadi Shrine/Evansville Evansville, IN......... Ohio River, Mile 790.0-
weekends in June. Shriners Festival. 796.0 (Indiana).
27. 3 Days--Third weekend in June.... TM Thunder LLC/Thunder Nashville, TN.......... Cumberland River, Mile
on the Cumberland. 189.6-192.3
(Tennessee).
28. 1 Day--Third or fourth weekend in Greater Morgantown Morgantown, WV......... Monongahela River, Mile
June. Convention and 101.0-102.0 (West
Visitors Bureau/ Virginia).
Mountaineer Triathlon.
29. 1 Day--A weekend in June......... Team Magic/Chattanooga Chattanooga, TN........ Tennessee River, Mile
Waterfront Triathlon. 462.5-466.0
(Tennessee).
30. 1 Day--One weekend in June....... Race on the Oyo........ Racine, OH, to Point Ohio River Mile 242.0-
Pleasant, WV. 265.0 (Ohio).
31. 3 Days in June................... Lake Guntersville Guntersville, AL....... Tennessee River 355.5-
Hydrofest. 365.5 (Alabama).
32. 1 Day in June.................... Music City Triathlon... Nashville, TN.......... Cumberland River, Mile
189.7-192.3
(Tennessee).
33. 1 Day--Last Weekend in June or Charleston Sternwheel Charleston, WV......... Kanawha River Mile 58.0-
first weekend in July. Regatta. 59.0 (West Virginia).
34. 3 Days--The last weekend in June Madison Regatta........ Madison, IN............ Ohio River, Mile 554.0-
or one of the first two weekends in 561.0 (Indiana).
July.
35. 1 Day in July.................... Three Rivers Regatta... Knoxville, TN.......... Tennessee River, Mile
642-653 (Tennessee).
36. 1 Day in July.................... Tri-Louisville......... Louisville, KY......... Ohio River, Mile 600.5-
604.0 (Kentucky).
37. 1 Day in July.................... PADL................... Cannelton, IN.......... Ohio River, Miles 719.0-
727.0 (Kentucky).
38. 1 Day--First week in July........ Cincinnati Parks-- Cincinnati, OH......... Ohio River, Miles 469-
Sawyer Point/ 470 (Ohio).
Cincinnati Parks Board.
39. 1 Day--First week in July........ City of New Richmond, New Richmond, OH....... Ohio River, Mile 449.5-
Riverdays/VFW. 450.5 (Ohio).
40. 1 Day--During the first week of Evansville Freedom Evansville, IN......... Ohio River, Mile 790.0-
July. Celebration/4th of 797.0 (Indiana).
July Freedom
Celebration.
41. First weekend in July............ Eddyville Creek Marina/ Eddyville, KY.......... Cumberland River, Mile
Thunder Over Eddy Bay. 46.0-47.0 (Kentucky).
42. 2 Days--One of the first two Thunder on the Bay/KDBA Pisgah Bay, KY......... Tennessee River, Mile
weekends in July. 30.0 (Kentucky).
43. 1 Day--Second weekend in July.... Bradley Dean/ Florence, AL........... Tennessee River, Mile
Renaissance Man 254.0-258.0 (Alabama).
Triathlon.
44. 2 Days--Second weekend in July... New Martinsville New Martinsville, WV... Ohio River Mile 127.5-
Vintage Regatta. 128.5 (West Virginia).
45. 1 Day--Third or fourth Sunday of Tucson Racing/ Cincinnati, OH......... Ohio River, Mile 468.3-
July. Cincinnati Triathlon. 471.2 (Ohio).
46. 2 Days--One of the last three Dare to Care/KFC Louisville, KY......... Ohio River, Mile 600.0-
weekends in July. Mayor's Cup Paddle 605.0 (Kentucky).
Sports Races/Voyageur
Canoe World
Championships.
[[Page 86300]]
47. 2 Days--Last two weeks in July or Friends of the Pittsburgh, PA......... Allegheny River, Mile
first three weeks of August. Riverfront Inc./ 0.0-1.5
Pittsburgh Triathlon (Pennsylvania).
and Adventure Races.
48. 1 Day--Last weekend in July...... Maysville Paddlefest... Maysville, KY.......... Ohio River, Mile 408-
409 (Kentucky).
49. 2 Days--One weekend in July...... Marietta Riverfront Marietta, OH........... Ohio River, Mile 171.6-
Roar Regatta. 172.6 (Ohio).
50. 1 Day in August.................. Three Rivers Regatta... Knoxville, TN.......... Tennessee River 642.0-
653.0 (Tennessee).
51. 1 Day in August.................. K-Town On The River.... Knoxville, TN.......... Tennessee River 648-650
(Tennessee).
52. 1 Day--first Sunday in August.... Above the Fold Events/ Ashland City, TN....... Cumberland River, Mile
Riverbluff Triathlon. 157.0-159.5
(Tennessee).
53. 3 Days--First week of August..... EQT Pittsburgh Three Pittsburgh, PA......... Allegheny River mile
Rivers Regatta. 0.0-1.0, Ohio River
mile 0.0-0.8,
Monongahela River mile
0.5 (Pennsylvania).
54. 2 Days--First weekend of August.. Thunder on the Bay/KDBA Pisgah Bay, KY......... Tennessee River, Mile
30.0 (Kentucky).
55. 1 Day--in August................. Riverbluff Triathlon... Ashland City, TN....... Cumberland River, Mile
157.0-159.0
(Tennessee).
56. 1 Day--In August................. Team Rocket Tri Club/ Huntsville, AL......... Tennessee River, Mile
Swim Hobbs Island. 332.3-338.0.
57. 1 Day--In August................. Team Rocket Tri-Club/ Huntsville, AL......... Tennessee River, Mile
Rocketman Triathlon. 332.2-335.5 (Alabama).
58. 1 Day--One of the first two Adventure Crew/Ohio Cincinnati, OH......... Ohio River, Mile 464.5-
weekends in August. River Paddlefest. 477 (Ohio and
Kentucky).
59. 2 Days--Third full weekend Ohio County Tourism/ Rising Sun, IN......... Ohio River, Mile 504.0-
(Saturday and Sunday) in August. Rising Sun Boat Races. 508.0 (Indiana and
Kentucky).
60. 3 Days--Second or Third weekend Kittanning Riverbration Kittanning, PA......... Allegheny River mile
in August. Boat Races. 42.0-46.0
(Pennsylvania).
61. 3 Days--One of the last two Thunder on the Green... Livermore, KY.......... Green River, Mile 69.0-
weekends in August. 72.5 (Kentucky).
62. 1 Day in August.................. Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile
Network/Downtown 646.3-648.7
Dragon Boat Races. (Tennessee).
63. 2 Days--One weekend in August.... Powerboat Nationals-- Ravenswood, WV......... Ohio River, Mile 220.5-
Ravenswood Regatta. 221.5 (West Virginia).
64. 2 Days--One weekend in August.... Powerboat Nationals-- Parkersburg, WV........ Ohio River Mile 183.5-
Parkersburg Regatta/ 285.5 (West Virginia).
Parkersburg Homecoming.
65. 2 Days in August................. Ironman Triathlon...... Louisville, KY......... Ohio River, Mile 600.5-
605.5 (Kentucky).
66. 3 Days--One weekend in August.... Grand Prix of Louisville, KY......... Ohio River, Mile 601.0-
Louisville. 605.0 (Kentucky).
67. 3 Days--One weekend in August.... Evansville HydroFest... Evansville, IN......... Ohio River, Mile 790.5-
794.0 (Indiana).
68. 3 Days--One weekend in the month Owensboro HydroFair.... Owensboro, KY.......... Ohio River, Mile 794.0-
of August. 760.0 (Kentucky).
69. 1 Day--First or second weekend of SUP3Rivers The Pittsburgh, PA......... Monongahela River mile
September. Southside Outside. 0.0-3.09 Allegheny
River mile 0.0-0.6
(Pennsylvania).
70. 1 Day--First weekend in September Mayor's Hike, Bike and Louisville, KY......... Ohio River, Mile 601.0-
or on Labor Day. Paddle. 610.0 (Kentucky).
71. 2 Days--Sunday before Labor Day Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 463.0-
and Labor Day. and Proctor and Gamble/ 477.0 (Kentucky and
Riverfest. Ohio) and Licking
River Mile 0.0-3.0
(Kentucky).
72. 2 Days--Labor Day weekend........ Wheeling Vintage Race Wheeling, WV........... Ohio River, Mile 90.4-
Boat Association Ohio/ 91.5 (West Virginia).
Wheeling Vintage
Regatta.
73. 3 Days--The weekend of Labor Day. Portsmouth River Days.. Portsmouth, OH......... Ohio River, Mile 355.5-
356.8 (Ohio).
74. 2 Days--One of the first three Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 602.0-
weekends in September. Festival. 604.5 (Kentucky).
75. 2 Days--One of the first three State Dock/Cumberland Jamestown, KY.......... Lake Cumberland
weekends in September. Poker Run. (Kentucky).
76. 3 Days--One of the first three Fleur de Lis Regatta... Louisville, KY......... Ohio River, Mile
weekends in September. 594.0.0-598.0
(Kentucky).
77. 1 Day in September............... City of Clarksville/ Clarksville, TN........ Cumberland River, Mile
Riverfest. 125.0-126.0
(Tennessee).
78. 3 Days in September.............. Music City Grand Prix.. Nashville, TN.......... Cumberland River 190-
191 (Tennessee).
79. 1 Day--One Sunday in September... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5-
Festival Committee 172.5 (Ohio).
Sternwheel race
reenactment.
[[Page 86301]]
80. 1 Day--One weekend in September.. Parkesburg Paddle Fest. Parkersburg, WV........ Ohio River, Mile 184.3-
188 (West Virginia).
81. 2 Days--One of the last three Madison Vintage Thunder Madison, IN............ Ohio River, Mile 556.5-
weekends in September. 559.5 (Indiana).
82. 1 Day--Third Sunday in September. Team Rocket Tri Club/ Huntsville, AL......... Tennessee River, Mile
Swim Hobbs Island. 332.3-338.0 (Alabama).
83. 1 Day in September............... Knoxville Open Water Knoxville, TN.......... Tennessee River, Mile
Swimmers/Bridges to 641.0-648.0
Bluffs. (Tennessee).
84. 1 Day--Last Sunday in August or Adventure Crew/Great Cincinnati, OH......... Ohio River, Mile 468.8-
Second Sunday in September. Ohio River Swim. 471.2 (Ohio and
Kentucky).
85. 1 Day--One of the last two Ohio River Open Water Prospect, KY........... Ohio River, Mile 587.0-
weekends in September. Swim. 591.0 (Kentucky).
86. 2 Days--One of the last three Captain Quarters Louisville, KY......... Ohio River, Mile 594.0-
weekends in September or the first Regatta. 598.0 (Kentucky).
weekend in October.
87. 3 Days--One of the last three Owensboro Air Show..... Owensboro, KY.......... Ohio River, Mile 754.0-
weekends in September or one of the 760.0 (Kentucky).
first two weekends in October.
88. 1 Day in September............... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 462.7-467.5
Chattanooga. (Tennessee).
89. 3 Days--Last weekend of September New Martinsville New Martinsville, WV... Ohio River, Mile 128-
and/or first weekend in October. Records and Regatta 129 (West Virginia).
Challenge Committee.
90. 2 Days--First weekend of October. Three Rivers Rowing Pittsburgh, PA......... Allegheny River mile
Association/Head of 0.0-5.0
the Ohio Regatta. (Pennsylvania).
91. 1 Day in October................. Chattajack............. Chattanooga, TN........ Tennessee River, Miles
462.7-465.5
(Tennessee).
92. 1 Day in October................. Cumberland River Nashville, TN.......... Cumberland River, Mile
Compact/Cumberland 189.7-192.1
River Dragon Boat (Tennessee).
Festival.
93. 1 Day in October................. Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Miles
Swim the Suck. 443-455 (Tennessee).
94. 1 Day in October................. Lookout Rowing Club/ Chattanooga, TN........ Tennessee River, Mile
Chattanooga Head Race. 463.0-468.0
(Tennessee).
95. 1 Day in October................. Shoals Scholar Dollar.. Florence, AL........... Tennessee River 255-257
(Alabama).
96. 2 Days in October................ Music City Head Race... Nashville, TN.......... Cumberland River 190-
195 (Tennessee).
97. 2 Days--First or second week of Head of the Ohio Rowing Pittsburgh, PA......... Allegheny River, Mile
October. Race. 0.0-3.0
(Pennsylvania).
98. 2 Days--in October............... Oak Ridge Rowing Oak Ridge, TN.......... Clinch River, Mile 46.0-
Association/Secret 54.0 (Tennessee).
City Head Race Regatta.
99. 3 Days--a weekend in November.... Head of the Hooch Chattanooga, TN........ Tennessee River, Mile
Regatta. 463.0-468.0
(Tennessee).
100. 1 Day--Second weekend in Charleston Lighted Boat Charleston, WV......... Kanawha River, Mile
December. Parade. 54.3-60.3 (West
Virginia).
----------------------------------------------------------------------------------------------------------------
Dated: December 6, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-27306 Filed 12-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.324125 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0903-0001/content.htm"
} |
USCG-2023-0906-0001 | Rule | 2023-11-16T05:00:00 | Safety Zone; Pacific Ocean, Oahu, Hawaii |
[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Rules and Regulations]
[Pages 78641-78644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25429]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0906]
RIN 1625-AA11
Safety Zone; Pacific Ocean, Oahu, Hawaii
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the re-entry of a space vehicle from the Starship Super Heavy launch by
Space Exploration Technologies Corporation (Space X). The temporary
safety zone is located within the Coast Guard District Fourteen area of
responsibility, approximately 129 nautical miles offshore of Oahu,
Hawaii. The purpose of this rule is to ensure the safety of vessels,
mariners, and the navigable waters in the safety zones before, during,
and after the scheduled event. This action is necessary to provide for
the safety of vessels and waterway users from the potential hazards
created by reentry vehicle splashdowns and recovery operations in our
exclusive economic zone. It is also necessary to provide for the safe
recovery of reentry vehicles, and any personnel involved in reentry
services, after the splashdown. This rule implements a special
activities provision of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021. Foreign-flagged vessels
are encouraged to remain outside the safety zones. This rule prohibits
U.S. flagged vessels from being in the safety zones unless authorized
by the Commander of the Fourteenth Coast Guard District or a designated
representative.
DATES: This rule is effective from 12:01 a.m. on November 17, 2023,
through 11:59 p.m. on November 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0906 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 Jessica Hull, District 14, Waterways
Management Division, U.S. Coast Guard; telephone 808-535-3407, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive economic zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S. United States
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
[[Page 78642]]
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. Space Exploration Technologies Corporation (Space
X) is a U.S. company. The SpaceX Starship Super Heavy mission was
approved and scheduled less than 30 days before the need for the safety
zone to be in place starting on November 17, 2023. Publishing an NPRM
would be impracticable and contrary to the public interest since the
missions would begin before completion of the rulemaking process,
thereby inhibiting the Coast Guard's ability to protect against the
hazards associated with re-entry of the capsule. 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 the temporary
safety zone must be established on November 17, 2023, to mitigate
safety concerns during the capsule re-entry mission.
III. Legal Authority and Need for Rule
On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Its section 8343 (134 Stat. 4710)
calls for the Coast Guard to conduct a 2-year pilot program to
establish and implement a process to establish safety zones to address
special activities in the exclusive economic zone (EEZ). These special
activities include space activities carried out by United States
citizens. The Fourteenth District Commander and Captain of the Port
Honolulu have determined that potential hazards associated with the
Space X Starship spacecraft mission present a safety concern for anyone
within the perimeter of the safety zone. The safety zone will only be
activate for a reasonable time before the mission and deactivated once
the area is no longer hazardous. The purpose of this rule is to ensure
the safety of vessels, mariners, and the navigable waters in the safety
zones before, during, and after the scheduled event. The Coast Guard is
issuing this rule under authority of section 8343 of the Authorization
Act and 46 U.S.C. 70034.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone
approximately 126 nautical miles north of Oahu, Hawaii for the re-entry
of a SpaceX capsule. The coordinates are based on the projected re-
entry locations as determined from telemetry data and modeling by Space
X.
(1) Re-entry site:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1............................ 24[deg]02'38'' N 157[deg]33'43'' W
Point 2............................ 24[deg]08'49'' N 157[deg]02'49'' W
Point 3............................ 23[deg]32'10'' N 156[deg]53'17'' W
Point 4............................ 23[deg]25'48'' N 157[deg]25'34'' W
------------------------------------------------------------------------
The coordinates for the safety zones are based on the furthest
north, east, south, and west points of the reentry vehicles splashdown
and are determined from data and modeling by SpaceX and NASA. The
coordinates take into account the trajectories of the reentry vehicles
coming out of orbit and the potential risk to the public. The specific
coordinates for the temporary safety zone is presented in the
regulatory text at the end of this document.
To the extent feasible, 24 hours before a reentry vehicle
splashdown and recovery operations, the District Commander, Captain of
the Port Sector Honolulu, or a designated representative will inform
the public of the activation of the temporary safety zones by Broadcast
Notice to Mariners (BNM) on VHF-FM channel 16.
The District Commander, Captain of the Port Sector Honolulu, or
designated representative will inform the public that the safety zone
would remain activated (subject to enforcement) until announced by BNM
on VHF-FM channel 16 that the safety zone is no longer subject to
enforcement.
When the safety zone is activated, the District Commander, Captain
of the Port Sector Honolulu, or a designated representative will be
able to restrict U.S.-flagged vessel movement including but not limited
to transiting, anchoring, or mooring within the safety zone to protect
vessels from hazards associated with space activities. The activated
safety zone will ensure the protection of vessels and waterway users
from the potential hazards created by reentry vehicle splashdowns and
recovery operations. This includes protection during the recovery of a
reentry vehicle, and the protection of personnel involved in reentry
services and space support vessels.\1\
---------------------------------------------------------------------------
\1\ Space Support Vessel means any vessel engaged in the support
of space activities. These vessels are typically approximately 170
feet in length, have a forward wheelhouse, and are equipped with a
helicopter pad and lifting crane.
---------------------------------------------------------------------------
After a reentry vehicle splashdown, the District Commander, Captain
of the Port Sector Honolulu, or a designated representative will grant
general permission to come no closer than three nautical miles within
the activated safety zone from any reentry vehicle or space support
vessel engaged in the recovery operations.
Once a reentry vehicle services are removed from the water and
secured onboard a space support vessel, the District Commander, Captain
of the Port Sector Honolulu, or designated representative would issue a
BNM on VHF-FM channel 16 announcing the activated safety zone is no
longer subject to enforcement.
When the safety zone is activated, the COTP or a designated
representative will be able to restrict U.S.-flagged vessel movement
including but not limited to transiting, anchoring, or mooring within
the safety zone to protect vessels from hazards associated with capsule
re-entry.\2\ Because the safety zones are within the U.S. EEZ, only
U.S.-flagged vessels would be subject to enforcement. However, all
foreign-flagged vessels are encouraged to remain outside the safety
zone.
---------------------------------------------------------------------------
\2\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
---------------------------------------------------------------------------
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 scope of the temporary safety zone. The safety
zone will be established for approximately three and one half hours.
After the launch has been completed, the Coast Guard will notify
waterway
[[Page 78643]]
users and vessels that the safety zone is no longer in effect. The
safety zone will ensure the protection of vessels and waterway users
from the potential hazards created by the re-entry of the SpaceX
capsule.
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 safety zone through the duration of a space vehicle
reentry. 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.T14-0906 to read as follows:
Sec. 165.T14-0906 Safety Zone; Pacific Ocean, Oahu, Hawaii.
(a) Location. The Coast Guard is establishing a safety zone in the
U.S. exclusive economic zone (EEZ) for the re-entry of a capsule
launched by SpaceX. The temporary zone is located within the Captain of
the Port Sector Honolulu area of responsibility 129 nautical miles
offshore of Oahu, Hawaii.
(1) Re-entry site. All waters of the Pacific Ocean, from surface to
bottom, encompassed by a line connecting the following points beginning
at Point 1, thence to Point 2, thence to Point 3, thence to Point 4,
connecting back to the beginning point.
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1............. 24[deg]02'38'' N 157[deg]33'43'' W
Point 2............. 24[deg]08'49'' N 157[deg]02'49'' W
Point 3............. 23[deg]32'10'' N 156[deg]53'17'' W
Point 4............. 23[deg]25'48'' N 157[deg]25'34'' W
------------------------------------------------------------------------
(2) [Reserved]
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Captain of the Port
(COTP) Sector Honolulu; Coast Guard Patrol Commanders including Coast
Guard coxswains, petty officers and other officers operating a Coast
Guard vessel; and other officers designated by the Captain of the Port
Sector Honolulu or assisting the Captain of the Port Sector
[[Page 78644]]
Honolulu in the enforcement of the safety zones.
District Commander means Commander of the Fourteenth Coast Guard
District.
Reentry services means:
(i) Activities involved in the preparation of a reentry vehicle and
payload, crew (including crew training), government astronaut, or space
flight participant, if any, for reentry; and
(ii) The conduct of a reentry.
Reentry vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
Space support vessel means any vessel engaged in the support of
space activities.
Splashdown means the landing of a reentry vehicle into a body of
water.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, U.S.-flagged vessels may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the District Commander or a designated representative. All foreign-
flagged vessels are requested and encouraged to remain outside the
safety zone.
(2) To seek permission to enter, transit through, anchor in or
remain within the safety zone contact Sector Honolulu Command Center by
telephone at (808) 842-2600 or the District Commander's representative
via VHF-FM radio on channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the District
Commander or a designated representative.
(3) The COTP Honolulu or a designated representative may restrict
vessel movement including but not limited to transiting, anchoring, or
mooring within the safety zone to protect vessels from hazards
associated with rocket recoveries. These restrictions are temporary in
nature and will only be enacted and enforced prior to and just after
the recovery missions.
(d) Enforcement period. (1) To the extent possible, twenty-four
hours before a reentry vehicle splashdown, reentry vehicle splashdown,
the District Commander, Captain of the Port Sector Honolulu or
designated representative will inform the public of the activation of
the safety zone described in paragraph (a) of this section by Broadcast
Notice to Mariners on VHF-FM channel 16. The safety zone described in
paragraph (a) will remain activated until announced by Broadcast Notice
to Mariners on VHF-FM channel 16, and/or Marine Safety Information
Bulletin (as appropriate) that the safety zone is no longer subject to
enforcement.
(2) After a reentry vehicle splashdown, the District Commander,
Captain of the Port Sector Honolulu, or a designated representative
will grant general permission to come no closer than three nautical
miles of any reentry vehicle or space support vessel engaged in the
recovery operations, within the activated safety zone described in
paragraph (a) of this section.
(3) Once a reentry vehicle or its remnants are removed from the
water and secured onboard a space support vessel, the District
Commander, Captain of the Port Sector Honolulu, 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.
(e) Effective period. This section is effective from 12:01 a.m. on
November 17, 2023, through 11:59 p.m. on November 20, 2023.
Blake L. Novak,
Captain, U.S. Coast Guard, Fourteenth Coast Guard District.
[FR Doc. 2023-25429 Filed 11-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.328185 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0906-0001/content.htm"
} |
USCG-2023-0907-0001 | Proposed Rule | 2023-12-05T05:00:00 | Safety Zone; Fireworks Display, Pacific Ocean, Westport, WA |
[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Proposed Rules]
[Pages 84249-84251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26675]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 /
Proposed Rules
[[Page 84249]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0907]
RIN 1625-AA00
Safety Zone; Fireworks Display, Pacific Ocean, Westport, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Pacific Ocean. This action is necessary
to provide for the safety of life on these navigable waters near
Westport, WA, during a fireworks display December 31, 2023, to January
1, 2024. This proposed rulemaking would prohibit persons and vessels
from entering the safety zone unless authorized by the Captain of the
Port Sector Columbia River 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 December 20, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0907 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Carlie Gilligan,
Waterways Management Division, Sector Columbia River, Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
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 October 23, 2023, an organization notified the Coast Guard that
it will be conducting a fireworks display from 12 to 12:30 a.m. on
January 1, 2024. The fireworks are to be launched from a site in
Westport, WA at approximate location 46[deg]54'17'' N; 124[deg]05'59''
W. Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector Columbia River (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 600-
foot radius of the launch site.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 600-foot radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 11:30 p.m. on
December 31, 2023 to 1 a.m. on January 1, 2024. The safety zone would
cover all navigable waters within 600 feet of the launch site in
Westport, WA located at approximate location 46[deg]54'17'' N;
124[deg]05'59'' W. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 12 to 12:30 a.m. fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
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 safety zone. Vessel traffic would be able
to safely transit around this safety zone which will impact a small
designated area of the Pacific Ocean for less than 2 hours on two
evenings when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it
[[Page 84250]]
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 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry within 600 feet of a
fireworks launch site. 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-2023-0907 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0907 to read as follows:
Sec. 165.T13-0907 Safety Zone; Fireworks Display, Pacific Ocean,
Westport, WA.
(a) Location. The following area is a safety zone: All navigable
waters of the Pacific Ocean, surface to bottom, 600 feet from the
fireworks display site at
[[Page 84251]]
approximately 46[deg]54'17'' N; 124[deg]05'59'' W. These coordinates
are based on the launch site located on the Pacific Ocean near
Firecracker Point, Westport, WA.
(b) Definitions. As used in this section--
Designated representative means a commissioned, warrant, or petty
officer of the U.S. Coast Guard assigned to a unit under the
operational control of the U.S. Coast Guard Sector Columbia River and
designated by or assisting the Captain of the Port Columbia River
(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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. 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 11:30
p.m. on December 31, 2023 through 1:00 a.m. on January 1, 2024.
Dated: November 29, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2023-26675 Filed 12-4-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.330328 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0907-0001/content.htm"
} |
USCG-2023-0907-0005 | Rule | 2023-12-29T05:00:00 | RIN 1625–AA00 Safety Zone; Fireworks Display, Pacific Ocean, Westport, WA |
[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Rules and Regulations]
[Pages 90094-90096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28757]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0907]
RIN 1625-AA00 Safety Zone; Fireworks Display, Pacific Ocean,
Westport, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Pacific Ocean. This action is necessary to
provide for the safety of life on these navigable waters near Westport,
Washington, during a fireworks display on January 1, 2024. This
regulation prohibits persons and vessels from entering the safety zone
unless authorized by the Captain of the Port Sector Columbia River or a
designated representative.
DATES: This rule is effective from 11:30 p.m. on December 31, 2023, to
1 a.m. on January 1, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0907 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 Carlie Gilligan, Waterways Management
Division, Sector Columbia River, Coast Guard; telephone 503-240-9319,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 90095]]
II. Background Information and Regulatory History
On October 23, 2023, an organization notified the Coast Guard that
it will be conducting a fireworks display from 12 to 12:30 a.m. on
January 1, 2024. The fireworks are to be launched from a site in
Westport, WA, at approximate location 46[deg]54'17'' N; 124[deg]05'59''
W. Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector Columbia River (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display will be a safety concern for anyone within a 600-
foot radius of the launch site.
In response, on December 4, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Fireworks
Display, Pacific Ocean, Westport, WA (88 FR 84249). There, we stated
why we issued the NPRM and invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended December 20, 2023, we received one comment unrelated to the
proposed rulemaking.
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. The COTP has determined that potential hazards associated with
the fireworks to be used in this January 1, 2024, display will be a
safety concern for anyone within 600 feet of the launch site. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no relevant comments on our NPRM
published December 4, 2023. There are no changes in the regulatory text
of this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 11:30 p.m. on December 31,
2023 to 1 a.m. January 1, 2024. The safety zone will cover all
navigable waters within 600 feet of the launch site in Westport, WA
located at approximate location 46[deg]54'17'' N; 124[deg]05'59'' W.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled 12
to 12:30 a.m. fireworks display. No vessel or person will be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under 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 be able
to safely transit around this safety zone which will impact a small
designated area of the Pacific Ocean for less than 2 hours on an
evening when 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 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 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
[[Page 90096]]
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 1.5 hours that will prohibit entry within 600 feet
of a launch site on the Pacific Ocean. 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.T13-0907 to read as follows:
Sec. 165.T13-0907 Safety Zone; Fireworks Display, Pacific Ocean,
Westport, WA.
(a) Location. The following area is a safety zone: All navigable
waters of the Pacific Ocean, surface to bottom, 600 feet from the
fireworks display site at approximately 46[deg]54'17'' N;
124[deg]05'59'' W. These coordinates are based on the launch site
located on the Pacific Ocean near Firecracker Point, Westport, WA.
(b) Definitions. As used in this section--
Designated representative means a commissioned, warrant, or petty
officer of the U.S. Coast Guard assigned to a unit under the
operational control of the U.S. Coast Guard Sector Columbia River and
designated by or assisting the Captain of the Port Columbia River
(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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. 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 11:30
p.m. on December 31, 2023, through 1 a.m. on January 1, 2024.
Dated: December 22, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2023-28757 Filed 12-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.331874 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0907-0005/content.htm"
} |
USCG-2023-0908-0001 | Rule | 2023-11-24T05:00:00 | Safety Zone; Lake Charles, Lake Charles, LA |
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82260-82261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25981]
[[Page 82260]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0908]
RIN 1625-AA00
Safety Zone; Lake Charles, Lake Charles, LA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a 1,000-foot radius of a fireworks launch
barge in Lake Charles, LA. This safety zone is necessary to protect
persons and vessels from hazards associated with a fireworks display.
This regulation prohibits persons and vessels from entering the safety
zone unless authorized by the Captain of the Port, Marine Safety Unit
Port Arthur, or a designated representative.
DATES: This rule is effective from 7 p.m. until 10 p.m. on November 25,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0908 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 Mache Mason, U.S. Coast Guard; telephone 337-
912-0073, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
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 NPRM process
would delay the establishment of the safety zone until after the
fireworks event on November 25, 2023, and compromise public safety. The
Coast Guard must establish this temporary safety zone immediately 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 this rule would be
impracticable because the Coast Guard must establish this safety zone
by November 25, 2023, to respond to the potential safety hazards
associated with the fireworks event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
700034. The Captain of the Port Marine Safety Unit Port Arthur (COTP)
has determined that potential hazards associated with the fireworks
display at this location would be a safety concern for spectator craft
and vessels in the vicinity of the designated launch location. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 p.m. until 10 p.m. on
November 25, 2023. The safety zone will cover all navigable waters
within a 1000-foot radius of a fireworks launch barge located at
30[deg]13'45'' N and 93[deg]13'34'' W. The duration of the safety zone
is intended to protect participants, spectators, and other persons and
vessels, in the nearby navigable waters during the fireworks display.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under 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 safety zone. Smaller vessel traffic will be able to
safely transit around this safety zone which would impact a small,
designated area of Lake Charles for 3 hours. 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
[[Page 82261]]
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 a
1000-foot radius of a fireworks launch barge. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0908 to read as follows:
Sec. 165.T08-0908 Safety Zone; Lake Charles, Lake Charles, LA
(a) Location. All navigable waters within a 1000-ft radius of the
fireworks barge anchored in approximate position 30[deg]13'45'' N and
093[deg]13'34'' W, on Lake Charles.
(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 Marine Safety Unit Port Arthur (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulation in
subpart C of this part, entry of vessels or persons into this zone is
prohibited unless authorized by the COTP or a designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 13 or 16, or by phone at telephone at
337-912-0073.
(3) The COTP or a designated representative 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 COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(d) Enforcement period. This section will be enforced from 7 p.m.
to 10 p.m. on November 25, 2023.
(e) 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 through Broadcast Notices to Mariners and/or Marine Safety
Information Bulletins as appropriate.
Dated: November 17, 2023.
A.R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2023-25981 Filed 11-22-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.332681 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0908-0001/content.htm"
} |
USCG-2023-0910-0001 | Rule | 2023-11-30T05:00:00 | Safety Zone; Laguna Madre, South Padre Island, TX |
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83505-83507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26334]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0910]
RIN 1625-AA00
Safety Zone; Laguna Madre, South Padre Island, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters in the Laguna Madre. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a firework display launched from a
stationary barge in the Laguna Madre, South Padre Island, Texas. Entry
of vessels or persons into this zone or remaining in the zone when it
is in effect is prohibited unless specifically authorized by the
Captain of the Port Sector Corpus Christi or a designated
representative.
DATES: This rule is effective from 9:30 p.m. through 11:59 p.m. on
December 2, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0910 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 address the potential safety hazards associated
with fireworks launched from a barge in the waters of the Laguna Madre.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks
displays occurring from 9:30 p.m. through 11:59 p.m. on the night of
December 2, 2023, will be a safety concern for anyone in the waters of
the Laguna Madre area within a 700 yard radius of the following point;
26[deg]6'02.1'' N, 97[deg]10'17.7'' W. The purpose of this rule is to
ensure safety of vessels and persons on these navigable waters in the
safety zone while the display of the fireworks takes place in the
Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the night of
December 2, 2023. The safety zone will encompass certain navigable
waters of the Laguna Madre, and is defined by a 700 yard radius around
the launching platform. The regulated area encompasses a 700 yard
radius of the following point: 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
The fireworks display will take place in waters of the Laguna Madre. No
vessel or person is permitted to enter the temporary safety zone during
the effective period without obtaining permission from the COTP or a
designated representative, who may be contacted on Channel 16 VHF-FM
(156.8 MHz), or by telephone at 361-939-0450. The Coast Guard will
issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Safety Marine Information Broadcasts, as appropriate.
V. Regulatory analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The temporary safety zone
will be enforced for a short period of 2.5 hours on the night of
December 2, 2023.
The zone is limited to a 700 yard radius from the launching
position of in the navigable waters of the Laguna Madre. The rule does
not completely restrict the traffic within a waterway and allows
mariners to request permission to enter the zone.
[[Page 83506]]
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A, above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, and Environmental Planning, COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f) and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone for navigable waters of the Laguna Madre in a zone defined by a
700 yard radius from the following coordinate: 26[deg]6'02.1'' N,
97[deg]10'17.7'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
fireworks display in the waters of the Laguna Madre. It is
categorically excluded from further review under paragraph L60(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.
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.T08-0910 to read as follows:
Sec. 165.T08-0910 Safety Zone; Laguna Madre, South Padre Island, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 700-yard radius from the
following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
(b) Enforcement period. This section is in effect, and subject to
enforcement from 9:30 p.m. through 11:59 p.m. on the night of December
2, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, remaining in, or entry into this temporary safety
zone are 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.
[[Page 83507]]
Dated: November 21, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-26334 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.334115 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0910-0001/content.htm"
} |
USCG-2023-0912-0001 | Proposed Rule | 2023-12-13T05:00:00 | Drawbridge Operation Regulation; Saginaw River, Bay City, MI |
[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Proposed Rules]
[Pages 86301-86303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27385]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0912]
RIN 1625-AA09
Drawbridge Operation Regulation; Saginaw River, Bay City, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Independence Bridge, mile 3.88, over the
Saginaw River to allow contractors to rehabilitate the bridge. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before February 12, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0912 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. Lee D. Soule, Bridge Management Specialist,
Ninth
[[Page 86302]]
Coast Guard District; telephone 216-902-6085, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Saginaw River is a 22.4-mile-long river in that is a popular
recreational and an important shipping route for mid-Michigan and the
Great Lakes in general. The Independence Bridge, mile 3.88, is one of
sixteen bridges that cross the Saginaw River in the Bay City
Metropolitan Area. Out of the sixteen bridges only four are bascule
bridges, two are owned by the State of Michigan and two have been
recently leased by the city of Bay City to United Bridge Partners, a
private company that intends to rehabilitate the two bridges and charge
vehicles tolls to cross the bridges.
The proposal to lease the bridges and charge tolls has created the
need for several public meetings and has flooded the local area news
media with stories concerning the progress of the rehabilitation and
administration regarding the Independence Bridge.
United Bridge Partners has established a physical customer service
office within Bay City and a twenty-four-hour call line residents and
mariners can call to receive information concerning the bridge
operations and proposed construction schedule. United Bridge Partner,
the City of Bay City, along with their chosen contractor held a public
meeting on August 15, 2023, along with many media interviews prior to
the public meeting. Most of the questions from the public were
regarding the pass ability of vehicles and tolls associated with the
new bridge ownership rather than the impacts the maintenance would have
on the marine community.
On November 13, 2023, representatives from Congressman Dan Kildee,
Senator Gary Peters, Congressman John Moolenaar, and Senator Debbie
Stabenow's offices along with the U.S. Coast Guard and nineteen area
stakeholders had a meeting to discuss the proposed rehabilitation
project's effects on vessel traffic. The thirty people in attendance
proposed the conditions in this proposed rule.
The Independence Bridge, mile 3.88, is a double leaf bascule bridge
that crosses the Saginaw River and provides a horizontal clearance of
150 feet and a vertical clearance of 22 feet above LWD in the closed
position and an unlimited clearance in the open position. The bridge
allows vehicles and pedestrians to cross the river near the north end
of the City of Bay City. The Independence Bridge, mile 3.88, is
regulated under 33 CFR 117.647 and is allowed to open twice hourly in
the summer and from January 1 through March 31 will open if a 12-hour
advance notice is provided.
The reason for this proposed rule will be to allow the bridge to be
secured to masted navigation from December 1 through March 31 and then
through the summer require a 2-hour advance notice for openings to
accommodate the rehabilitation of the bridge.
Granit Construction, the official contractor for the bridge owner
has made this request for a temporary change in the bridge schedule to
allow for the rehabilitation of structural, electrical, and mechanical
components of the bridge during the winter when accumulation of ice
makes navigating the river difficult.
III. Discussion of Proposed Rule
The Independence Bridge, mile 3.88, is near the mouth of the river
and there are no alternative routes for vessels. The December 1 to
March 31 dates have been identified by local stake holders and dock
owners as the best time to secure the bridge to masted navigation for
the rehabilitation project. Because the new bridge owner intends to
charge tolls on the bridge that once was free to cross has caused
several people to be concerned about any bridge project in the area.
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 that
vessels can still transit the bridge given advanced notice and that the
repair winter work will be done at a time of year when vessel traffic
is at its lowest.
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 proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please 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).
[[Page 86303]]
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 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-2023-0912 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 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; DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. [From the date of publication in the Federal Register], through
11:59 p.m. on March 31, 2025, Sec. 117.647(e) is temporarily added to
read as follows:
Sec. 117.647 Saginaw River.
* * * * *
(e) The draw of the Independence Bridge, mile 3.88, over the
Saginaw River, will require a 2-hour advance notice of arrival to be
given to move barges away from the draw to allow vessels to pass
through the bridge from April 24, 2024, through November 30, 2024, and
the bridge need not open for the passage of vessels from December 1,
2024, through March 31, 2025.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-27385 Filed 12-12-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.334930 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0912-0001/content.htm"
} |
USCG-2023-0916-0001 | Rule | 2023-12-01T05:00:00 | Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Concord, CA |
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Page 83827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26411]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0916]
Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Concord, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone in the navigable
waters of Suisun Bay, off Concord, CA, in support of explosive handling
operations at Military Ocean Terminal Concord (MOTCO) on November 26,
2023, through December 3, 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 (COTP) San Francisco or a
designated representative.
DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on November 26, 2023, until 11:59 p.m. on December 3, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT William Harris, U.S.
Coast Guard Sector San Francisco, Waterways Management Division, at
415-399-7443, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zone in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA
(MOTCO) regulated area from 12:01 on November 26, 2023, until 11:59
p.m. on December 3, 2023, or as announced via marine information
bulletin. 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(a),
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 period, as reflected in Sec. 165.1198(d),
if you are the operator of a vessel in the regulated area you mut
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: November 27, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-26411 Filed 11-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.336328 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0916-0001/content.htm"
} |
USCG-2023-0919-0001 | Rule | 2023-11-30T05:00:00 | Safety Zone; Gulf of Mexico, Lower Mississippi River Below Head of Passes |
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83507-83508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26295]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0919]
RIN 1625-AA00
Safety Zone; Gulf of Mexico, Lower Mississippi River Below Head
of Passes
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lower Mississippi River below Head of
Passes. The safety zone is needed to protect persons and critical
infrastructure from the potential contamination due to an oil spill in
the Gulf of Mexico. Entry of vessels or persons into this zone, or
movement of vessels within this zone is prohibited unless specifically
authorized by the Captain of the Port or a designated representative.
DATES: This rule is effective without actual notice from November 30,
2023 through December 17, 2023. For the purposes of enforcement, actual
notification will be used from 5 p.m. on November 17, 2023, until
November 30, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
USCG-2023-0919 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 William Stewart, Sector New Orleans,
U.S. Coast Guard; telephone 504-365-2246, 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 an oil spill happened 2 days ago, and
immediate action is needed to respond to the potential safety impacts
associated with oil contamination. It is impracticable to publish NPRM
because we must establish this safety zone immediately.
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 oil spill.
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 New Orleans (COTP) has determined
that potential hazards associated with contamination due to oil spill
which happened 2 days ago, will be a safety concern to all persons and
critical infrastructure within the Captain of the Port Sector New
Orleans area.
IV. Discussion of the Rule
This rule establishes a safety zone from 5 p.m. on November 17,
2023 through December 17, 2023. The safety zone will cover all
navigable waters of Lower Mississippi River below Head of Passes. The
duration of the zone is intended to protect persons and critical
infrastructure from the potential contamination due to oil spill in the
Gulf of Mexico. 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 duration of rule.
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-
[[Page 83508]]
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
emergency safety zone that will prohibit entry to Lower Mississippi
River below Head of Passes. It is categorically excluded from further
review under paragraph L60d of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination will be available in the docket after
issuance or publication of this rule. 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.T08-0919 to read as follows:
Sec. 165.T08-0919 Safety Zone; Gulf of Mexico, Lower Mississippi
River below Head of Passes.
(a) Location. The following area is a safety zone: all navigable
waters of Lower Mississippi River below Head of Passes.
(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 New Orleans (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-FM Channel 16 or 67 or by telephone at (504)
365-2545. 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) 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 (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
(e) Enforcement period. This section will be subject to enforcement
from 5 p.m. on November 17, 2023, through December 17, 2023. It will be
subject to enforcement this entire period unless the COTP determines it
is no longer needed, in which case the Coast Guard will inform mariners
via Notice to Mariners.
Dated: November 17, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-26295 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.337292 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0919-0001/content.htm"
} |
USCG-2023-0922-0001 | Notice | 2023-12-19T05:00:00 | Designation of the New England Commission of Higher Education as a Designated Entity and Appointment of Dr. Amy Donahue as a Member of the Commission |
[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87789-87790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27816]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number: USCG-2023-0922]
Designation of the New England Commission of Higher Education as
a Designated Entity and Appointment of Dr. Amy Donahue as a Member of
the Commission
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard announces the designation of the New England
Commission of Higher Education (NECHE) as a designated non-federal
entity for the purposes of participation in its management by an
authorized Coast Guard employee. Dr. Amy Donahue, the Provost of the
Coast Guard Academy, has been authorizated to serve as a member of
NECHE to provide oversight of, advice to, and coordination with, NECHE.
Dr. Donahue will not participate in the day-to-day operations of NECHE.
DATES: The designation and authorization are effective on November 21,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0922 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 notice,
call or email Comamnder Jeffrey G. Janaro, Coast Guard Academy,
telephone 860-444-8255, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard announces the designation of
the New England Commission of Higher Education (NECHE) as a
``designated entity'' under 10 U.S.C. 1589 and 1033. The Coast Guard
also announces the participation of the Coast Guard Academy Provost Dr.
Amy Donhue in the management of the entity as a Commisioner. Sections
1589 and 1033 allow the Secretary of the Department of Homeland
Security to specify certain non-federal entities as ``designated
entities'' in which a member of the armed forces or a civilian employee
may be authorized to participate in a specific capacity. The Secretary
delegated this authority to the Commandant of the Coast Guard through
the Department of Homeland Security Delegation No. 00170.1, Revision
No. 01.3 (paragraph II.14).
A ``designated entity'' must meet the requirements of 10 U.S.C.
1033. In relevant part, section 1033 requires an entity to be a non-
profit oganization and perform one of the statutorily enumerated
functions, including accreditation of service academies and other
schools of the armed forces. NECHE is a voluntary non-government
association that provides accreditation to the U.S. Coast Guard
Academy. Therefore, NECHE is an entity that may be designated under 10
U.S.C. 1033 and, in turn, 10 U.S.C. 1589.
Section 1589 also allows the Secretary concerned to authorize an
employee, including a civilian officer, to participate, without
compensation, in the managemenent of a designated entity for the
purposes of oversight, advice to, and coordination with that designated
entity. An employee's participation may not extend to the day to day
operations of the entity. The Coast Guard Academy announces the
authorization of Dr. Amy Donahue, the Provost of the Coast Guard
Academy, to participate in the management of NECHE within limits of 10
U.S.C. 1033 and 10 U.S.C. 1589. Specifically, and in
[[Page 87790]]
accordance with 10 U.S.C. 1589, Dr. Donahue will serve in her official
capacity, and without additional compensation, provide oversight,
advice, and coordination with NECHE. Dr. Donahue's participation will
not, however, extend to participation in the day-to-day operations of
the NECHE.
The effective date of NECHE's designation and Dr. Donahue's
authorization is November 21, 2023. This notice is issued under the
authority in 10 U.S.C. 1033(c) and 1589(c).
E.J. Van Camp,
Captain, U.S. Coast Guard, Assistant Superintendent, U.S. Coast Guard
Academy.
[FR Doc. 2023-27816 Filed 12-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.338201 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0922-0001/content.htm"
} |
USCG-2023-0925-0001 | Notice | 2023-12-20T05:00:00 | Area Maritime Security Advisory Committee (AMSC), Eastern Great Lakes, Western New York SubCommittee Vacancy |
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88103-88104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27944]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0925]
Area Maritime Security Advisory Committee (AMSC), Eastern Great
Lakes, Western New York Sub-Committee Vacancy
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability of committee vacancy; solicitation for
membership.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard requests individuals interested in serving on
the Area Maritime Security Committee, Eastern Great Lakes, Western New
York Region sub-committee submit their applications for membership to
the U.S. Coast Guard Captain of the Port, Buffalo. The Committee
assists the Captain of the Port as the Federal Maritime Security
Coordinator, Buffalo, in developing, reviewing, and updating the Area
Maritime Security Plan for their area of responsibility.
DATES: Requests for membership should reach the Captain of the Port,
Buffalo, by January 15, 2024.
ADDRESSES: Applications for membership should be submitted to the
Captain of the Port at the following address: Captain of the Port,
Buffalo, Attention: LCDR Eric Lunde, 1 Fuhrmann Boulevard, Buffalo, NY
14203-3189.
FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application or about the AMSC in general, contact Mr. John Kelly,
Western New York Region Sub-Committee Executive Coordinator, at 716-
843-9574 or [email protected].
SUPPLEMENTARY INFORMATION:
Basis and Purpose
Section 102 of the Maritime Transportation Security Act (MTSA) of
2002 authorized the Secretary of the Department in which the Coast
Guard is operating to establish Area Maritime Security Advisory
Committees (ASMC) for any port area of the United States. The MTSA
includes a provision exempting these AMSCs from the Federal Advisory
Committee Act (FACA). The AMSCs assist the Federal
[[Page 88104]]
Maritime Security Coordinator (FMSC) in the development, review,
update, and exercising of the Area Maritime Security Plan (AMSP) for
their area of responsibility. Such matters may include, but are not
limited to, the following:
(1) Identifying critical port infrastructure and operations;
Identifying risks (threats, vulnerabilities, and consequences).
(2) Determining mitigation strategies and implementation methods.
(3) Developing strategies to facilitate the recovery of the
Maritime Transportation System 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.
AMSC Membership
Members of the AMSC should have at least five years of experience
related to maritime or port security operations. We are seeking to fill
one (1) Sub-Committee vacancies with this solicitation, an Executive
Board member to serve as Vice-Chairperson; the position will serve
concurrently as a member of the Eastern Great Lakes AMSC when so
convened by the FMSC.
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. Member's term 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 Department of Homeland Security does not discriminate in
selection of committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disability, and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.
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: December 14, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port & Federal Maritime
Security Coordinator, Eastern Great Lakes.
[FR Doc. 2023-27944 Filed 12-19-23; 8:45 am]
BILLING CODE 9110-15-P
| uscg | 2024-06-07T20:51:06.339158 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0925-0001/content.htm"
} |
USCG-2023-0927-0001 | Rule | 2023-12-20T05:00:00 | Coast Guard Sector Buffalo; Sector Name Conforming Amendment |
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87928-87930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27943]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 100, and 165
[Docket Number USCG-2023-0927]
RIN 1625-AA00
Coast Guard Sector Buffalo; Sector Name Conforming Amendment
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes non-substantive changes to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The purpose of this rule is to reflect that U.S. Coast
Guard Sector Buffalo has been renamed U.S. Coast Guard Sector Eastern
Great Lakes. These changes will have no substantive effect on the
regulated public.
DATES: This rule is effective December 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0927 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 Bo Ames, Ninth Coast Guard District
Legal Office, U.S. Coast Guard; telephone 216-902-6010, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and rescue
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
For the last several years, the Coast Guard has sought to better
align the names of its assets to correspond to the area of
responsibility which they serve. Review of the missions and engagements
within the eastern Great Lakes region highlighted that ``Sector
Buffalo'' alone did not adequately capture the breadth and range of
Coast Guard operations and relationships throughout the Eastern Great
Lakes. The Coast Guard has approved the name change to U.S. Coast Guard
Sector Eastern Great Lakes in order to acknowledge the long-standing
commitment to all communities throughout the Eastern Great Lakes and to
reaffirm the multi-mission support that the Coast Guard provides to
ensure safety at sea and enhanced maritime governance.
The geographic boundaries of Sector Eastern Great Lakes are not
changing, and its office is not moving from Buffalo, New York.
We did not publish a notice of proposed rulemaking (NPRM) before
this final rule. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because the changes it makes are conforming amendments involving agency
organization. The Coast Guard also finds good cause exists under 5
U.S.C. 553(b)(B) for not publishing an NPRM because the changes will
have no substantive effect on the public, and notice and comment are
therefore unnecessary.
[[Page 87929]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 14 U.S.C.
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations
necessary to implement technical, organizational, and conforming
amendments and corrections to rules, regulations, and notices.
Operating Facility Change Order (OFCO) No. 036/23, issued November
6, 2023, changed the official unit name of U.S. Coast Guard Sector
Buffalo to U.S. Coast Guard Sector Eastern Great Lakes. See OFCO No.
036/23, which is available in the docket for this rule. The previous
name of Sector Buffalo is described and reflected in regulations, which
also contain contact details and other references to Sector Buffalo.
These conforming amendments update those regulations so that they
contain current information.
Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
the authority to establish and prescribe the purpose of Coast Guard
Shore establishments. This authority has been delegated to the Chief of
the Coast Guard's Office of Regulations and Administrative Law under 33
CFR 1.05-1(h).
IV. Discussion of the Rule
OFCO No. 036/23, issued November 6, 2023, changed the official unit
name of U.S. Coast Guard Sector Buffalo to U.S. Coast Guard Sector
Eastern Great Lakes. The November 2023 OFCO did not change the area of
responsibility (AOR). The AOR of U.S. Coast Guard Sector Eastern Great
Lakes is identical to that of what was U.S. Coast Guard Sector Buffalo.
All authorities and responsibilities previously assigned to Commander,
U.S. Coast Guard Sector Buffalo have been assigned to Commander, U.S.
Coast Guard Sector Eastern Great Lakes. Additionally, all authorities
that were vested in the Commander, U.S. Coast Guard Sector Buffalo as
it pertains to the COTP, the OCMI, the Federal On Scene Coordinator,
the Federal Maritime Security Coordinator, and the Search and Rescue
Coordinator, have been assigned to Commander, U.S. Coast Guard Sector
Eastern Great Lakes. This rule does not change any sector, OCMI, or
COTP zone boundary lines, nor does it have any substantive impact on
existing regulated navigation area, safety zone, or security zone
regulation, or any naval vessel protection zones.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance is exempt from the requirements of
Executive Order 13771.
This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.
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.
For the reasons stated in section V.A. above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''
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 consists only of
an organizational amendment. It is categorically excluded from further
review under paragraph L3 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1, Implementation of the National
Environmental Policy Act.
[[Page 87930]]
List of Subjects
33 CFR Part 3
Organizations and functions (Government agencies).
33 CFR Parts 100 and 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 3, 100, and 165 as follows:
PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION
ZONES, AND CAPTAIN OF THE PORT ZONES
0
1. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 501, 504; Public Law 107-296, 116 Stat.
2135; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Revise Sec. 3.45-10 to read as follows:
Sec. 3.45-10 Sector Eastern Great Lakes Marine Inspection Zone and
Captain of the Port Zone.
Sector Eastern Great Lakes' office is located in Buffalo, New York.
The boundaries of Sector Eastern Great Lakes' Marine Inspection Zone
and Captain of the Port Zone include all navigable waters of the United
States and contiguous land areas within the boundaries of an area
starting from a point on the international boundary in Lake Erie at
latitude 42[deg]19'24'' N, longitude 80[deg]31'10'' W, proceeding
southwest along the international boundary to a point at latitude
41[deg]40'36'' N, longitude 82[deg]25'00'' W; thence south to latitude
41[deg]00'00'' N; thence east to longitude 78[deg]54'58'' W; thence
north to latitude 42[deg]00'00'' N; thence east to the east bank of the
Delaware River at latitude 42[deg]00'00'' N, longitude 75[deg]21'28''
W; thence east to longitude 74[deg]39'00'' W; thence north to the
international boundary at a point at latitude 44[deg]59'58'' N,
longitude 74[deg]39'00'' W; thence southeast along the international
boundary to the starting point.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
3. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.901 [Amended]
0
4. In Sec. 100.901, remove ``Sector Buffalo, NY'' from table 1 and
add, in its place, ``Sector Eastern Great Lakes, NY''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. 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.
Sec. 165.911 [Amended]
0
6. In Sec. 165.911, remove the word ``Buffalo'' and add, in its place,
the words ``Eastern Great Lakes''.
Sec. 165.939 [Amended]
0
7. In Sec. 165.939, remove the words ``Port Buffalo'' and add, in its
place, the words ``Port Eastern Great Lakes''.
Dated: December 15, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-27943 Filed 12-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.340016 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0927-0001/content.htm"
} |
USCG-2023-0933-0001 | Rule | 2023-12-01T05:00:00 | Safety Zone, Upper Mississippi River MM 660.5–659.5, Lansing, IA |
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83825-83827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26377]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0933]
RIN 1625-AA00
Safety Zone, Upper Mississippi River MM 660.5-659.5, Lansing, IA
AGENCY: Coast Guard, Department of Homeland Security (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 without actual notice from December 1,
2023 through December 8, 2023. For the purposes of enforcement, actual
notice will be used from November 28, 2023, until December 1, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0933 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 November 28, 2023.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 83826]]
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 November 28, 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 November 28, 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 November 28 until December 08,
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 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 83827]]
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.T08-0933 to read as follows:
Sec. 165.T08-0933 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 November 28, 2023, through December 08, 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: November 27, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-26377 Filed 11-30-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.341056 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0933-0001/content.htm"
} |
USCG-2023-0934-0001 | Rule | 2023-12-21T05:00:00 | Drawbridge Operation Regulation; Turner Cut, Near Stockton, CA |
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88251-88253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28146]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0934]
RIN 1625-AA09
Drawbridge Operation Regulation; Turner Cut, Near Stockton, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the draw of the Zuckerman Brothers (McDonald
Island) bridge, mile 2.3, across Turner Cut, near Stockton, CA. This
action is necessary to allow the bridge owner, Reclamation District
2030 (RD2030), to complete design plans and conduct repairs to the
bridge to bring it back to its normal operating status.
DATES: This temporary interim rule is effective from December 21, 2023
through 5 p.m. on September 30, 2024.
Comments and related material must reach the Coast Guard on or
before January 22, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0934) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or email Carl Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone 510-437-3516, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NOTD Notice of Temporary Deviation
PG&E Pacific Gas and Electric
Pub. L. Public Law
RD2030 Reclamation District 2030
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. This bridge is secured closed and will be secured closed
until design plans are finalized, coordination of construction schedule
can be made with landowners and PG&E, contractor hired, and repairs
completed.
On June 21, 2023, RD2030 notified the Coast Guard that the
Zuckerman Brothers (McDonald Island) retractable span bridge should not
open for the passage of vessels. The cause was the gradual movement
which squeezed the abutments towards the center movable steel section.
The span cannot be opened without the risk of it being stuck in the
open-to-navigation position. The Zuckerman Brothers (McDonald Island)
bridge is the only road in and out of McDonald Island, which includes
farms and a PG&E station and wells. The Coast Guard granted a Notice of
Temporary Deviation (NOTD) from the operating schedule of the bridge,
allowing the span to be secured in the closed position until repairs
can be made. The NOTD will expire at 7 a.m. on December 18, 2023. The
design, coordination of work with affected parties, and repair is
delayed. The retractable span will not be operational at the expiration
of the NOTD. The Coast Guard received the report of these delays on
November 17, 2023. Therefore, there is insufficient time to provide a
reasonable comment period and then consider those comments before
issuing the modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest because the retractable span of the bridge is currently
secured closed and cannot be operated until repairs are completed.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating
schedule that governs the Zuckerman Brothers (McDonald Island) bridge,
mile 2.3, across Turner Cut, near Stockton, CA. The Zuckerman Brothers
(McDonald Island) bridge has a vertical clearance, in the closed
position, of 16 feet at mean high water and unlimited vertical
clearance when opened.
The existing drawbridge regulation, 33 CFR 117.5, states that the
draw of the Zuckerman Brothers (McDonald Island) bridge must open for
vessels if a signal is given to do so. RD2030, the bridge owner, has
requested this modification as additional time is required to complete
bridge repairs.
Drawtender logs from January 2022 through June 2023 indicate the
span opened on average, 2 times in January; 1 time in February; 1 time
in March; 3 times in April; 11 times in May; 8 times in June; 18 times
in July; 6 times in August; 7 times in September; 4 times in October; 2
times in November; and 3 times in December. No complaints have been
received from mariners since the
[[Page 88252]]
retractable span was secured closed on June 21, 2023.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the Zuckerman
Brothers (McDonald Island) bridge, mile 2.3, across Turner Cut, near
Stockton, CA. This rule allows the bridge to be secured in the closed-
to-navigation position through 5 p.m. on September 30, 2024.
RD2030 hired an engineering firm as part of the design, planning
and repairs of the bridge. RD2030 and the engineers are working to
finalize the plans for the repairs. RD2030 is also coordinating
construction time windows with landowners on McDonald Island. PG&E is
currently conducting major well rehabilitation on the island and have
limited windows where their access to McDonald Island across the bridge
can be interrupted. These elements contributed to the delay in the
repairs to the retractable span. Currently, the retractable span is
secured closed until repairs are complete. The anticipated completion
of the repairs is September 30, 2024.
V. Regulatory Analyses
We developed this temporary interim rule after considering numerous
statutes and Executive Orders related to rulemaking. Below we summarize
our analyses based on a number of these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that
little or no commercial or recreational vessel traffic will be impacted
by this rule. Furthermore, the retractable span of the bridge, as of
date of the publication of this rule, should not be operated for fear
of becoming non-operational in the partially open position until
repairs can be made.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3.
[[Page 88253]]
0
2. Add Sec. 177.T200 to read as follows:
Sec. 117.T200 Turner Cut.
The draw of the Zuckerman Brothers (McDonald Island) bridge, mile
2.3, near Stockton need not open for the passage of vessels.
Dated: December 15, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-28146 Filed 12-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.342580 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0934-0001/content.htm"
} |
USCG-2023-0935-0002 | Rule | 2023-12-18T05:00:00 | Safety Zone, Illinois River MM 165–166, Peoria, IL |
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87341-87343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27757]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0935]
RIN 1625-AA00
Safety Zone, Illinois River MM 165-166, Peoria, IL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Illinois River between Mile Marker (MM)
165.2 to 166.3. The safety zone is needed to protect personnel,
vessels, and the marine environment from all potential hazards
associated with the McClugage Bridge arch installation. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Sector Upper Mississippi
River or a designated representative.
DATES: This rule is effective from December 18, 2023, through December
25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0935 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 bridge arch
installation. It is impracticable to publish an NPRM because we must
establish this safety zone by December 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 with the installation of the
arch on the McClugage bridge beginning December 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 COTP of Sector Upper Mississippi River has determined that
potential hazards associated with the installation of the arch on the
McClugage Bridge will be a safety concern for anyone operating or
transiting within the Illinois River from MM 165.2 through 166.3. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
installation of the arch.
IV. Discussion of the Rule
The installation of the arch will be occurring on the McClugage
Bridge located on MM 165.7 and scheduled for 48 hours beginning
December 19 through December 21, 2023. The installation has an
operational window from December 18 through December 25, 2023 in the
event of inclement weather delaying the installation. 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), 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 Illinois River at MM 165.2
through 166.3, near Peoria, IL. The safety zone is expected to be
active only during the installation of the arch for the McClugage
Bridge, scheduled for a 48 hour period between December 19 and 21,
2023, or until December 25, 2023. Vessel traffic will be able to safely
transit through 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
[[Page 87342]]
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 Illinois River at MM 165.2
through 166.3. 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.T08-0935 to read as follows:
Sec. 165.T08-0935 Safety Zone; Illinois River, Mile Markers 165.2-
166.3, Peoria, IL.
(a) Location. The following area is a safety zone: all navigable
waters within Illinois River, Mile Marker 165.2 through 166.3, Peoria,
IL.
(b) Enforcement period. This section will be subject to enforcement
from December 18, 2023, through December 25, 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 Captain of the Port (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 enforcement 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), or Safety Marine Information Broadcast (SMIB) as appropriate.
[[Page 87343]]
Dated: December 12, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-27757 Filed 12-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.344404 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0935-0002/content.htm"
} |
USCG-2023-0938-0001 | Rule | 2023-12-07T05:00:00 | Safety Zone; Sausalito Lighted Boat Parade Fireworks Display, Richardson Bay, Sausalito, CA |
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Page 85112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26796]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0938]
Safety Zone; Sausalito Lighted Boat Parade Fireworks Display,
Richardson Bay, Sausalito, 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 Richardson Bay, off Sausalito, CA, in support of the
Sausalito Lighted Boat Parade Fireworks Display. This safety zone is
necessary to protect personnel, vessels, and the marine environment
from the dangers associated with pyrotechnics. During the enforcement
period, unauthorized persons or vessels are prohibited from entering
into, transiting through, or remaining in the safety zone, unless
authorized by the designated Patrol Commander (PATCOM) or other
Federal, state, or local 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 in Table 1 to Sec. 165.1191, Item number 30, from 7:15 p.m.
through 9 p.m. on December 9, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, 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: The Coast Guard will enforce the safety zone
established in 33 CFR 165.1191, Table 1, Item number 30, for the
Sausalito Lighted Boat Parade Fireworks on December 9, 2023. The Coast
Guard will enforce a 600-foot safety zone around the fireworks vessel
from 7:15 through 9 p.m. on December 9, 2023, while at the launch site
off Sausalito Point. Beginning at 7:15 p.m. on December 9, 2023, 30
minutes prior to the commencement of the 15-minute fireworks display,
the safety zone will encompass all navigable waters, from surface to
bottom, surrounding the fireworks vessel near Sausalito Point in
Sausalito, CA within a radius of 600 feet from approximate position
37[deg]51'30.66'' N, 122[deg]28'27.29'' W (NAD 83) for the Sausalito
Lighted Boat Parade Fireworks Display as set forth in 33 CFR 165.1191,
Table 1, Item number 30. The safety zone will be enforced from 7:15
p.m. through 9 p.m. on December 9, 2023.
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 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 Federal, State, or local law enforcement agency on
scene to assist the Coast Guard in enforcing the regulated area.
Additionally, each person who received notice of a lawful order or
direction issued by the PATCOM or Official Patrol shall obey the order
or direction. The PATCOM or Official patrol may, upon request, allow
the transit of commercial vessels through regulated areas when it is
safe to do so.
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 Broadcast, an entry in the Local Notice to Mariners, or
actual notice may be used to grant permission to enter the regulated
area.
Dated: November 30, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-26796 Filed 12-6-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.345032 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0938-0001/content.htm"
} |
USCG-2023-0944-0002 | Rule | 2023-12-14T05:00:00 | Safety Zone; Annual Fireworks Displays and Other Events in the Eighth Coast Guard District Requiring Safety Zones |
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Rules and Regulations]
[Pages 86580-86581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27507]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0944]
Safety Zone; Annual Fireworks Displays and Other Events in the
Eighth Coast Guard District Requiring Safety Zones
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the Crescent
City Countdown Club/New Year's Celebration fireworks display, from
11:30 p.m. on December 31, 2023, through 12:30 a.m. on January 1, 2024,
to provide for the safety of life on the navigable waterways during
this event. Our regulation for annual fireworks displays and other
events in the Eighth Coast Guard District identifies this safety zone
on the Mississippi River mile marker (MM) 93.5-96.5, New Orleans, LA.
During the enforcement period, entry into this zone is prohibited
unless authorized by the Captain of the Port or a designated
representative.
DATES: The regulations in 33 CFR part 165.801, Table 5, Line 10 will be
enforced from 11:30 p.m. on December 31, 2023, through 12:30 a.m. on
January 1, 2024.
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].
[[Page 86581]]
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
for the Crescent City Countdown Club/New Year's Celebration fireworks
display from 11:30 p.m. on December 31, 2023, through 12:30 a.m. on
January 1, 2024, to provide for the safety of life on the navigable
waterways during this event. Our regulation for annual fireworks
displays and other events in the Eighth Coast Guard District, 33 CFR
165.801 identifies this safety zone on the Lower Mississippi River MM
93.5-96.5, New Orleans, LA. During this enforcement period, as
reflected in Sec. 165.801(a) through (d), entry into this 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: December 11, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-27507 Filed 12-13-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.345880 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0944-0002/content.htm"
} |
USCG-2023-0949-0001 | Rule | 2023-12-12T05:00:00 | Safety Zone; Kaneohe Bay, Oahu, HI—Navy P8 Aircraft Salvage Operations |
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86046-86048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27036]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0949]
RIN 1625-AA00
Safety Zone; Kaneohe Bay, Oahu, HI--Navy P8 Aircraft Salvage
Operations
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 0.5 nautical mile radius
temporary safety zone for navigable waters in Kaneohe Bay, HI
encompassing the partially submerged Navy P8 aircraft. The safety zone
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by salvage operations of the Navy P8
aircraft. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector
Honolulu.
DATES: This rule is effective without actual notice from December 12,
2023 through December 10, 2023. For the purposes of enforcement, actual
notice will be used from December 2, 2023. This rule will be enforced
each day it is in effect from 7 a.m. to 6 p.m. December 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0949 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 Chief Petty Officer Bradley Lindsey, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone 808-541-4363,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable and
contrary to the public interest. The Coast Guard was unable to publish
an NPRM and hold a reasonable comment period for this rulemaking due to
the emergent nature and logistical coordination of salvage operations.
It is impracticable to publish an NPRM because we must establish this
safety zone by December 2, 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 remove the existing threat to the environment and safeguard
against future potential threat to the environment as well as safety
hazards associated with emergency salvage operations of the Navy P8
aircraft.
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 Honolulu (COTP) has determined
that potential hazards associated with emergency salvage operations
starting December 2, 2023, will be a safety concern for anyone within a
0.5 nautical mile radius of the Navy P8 aircraft. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while salvage operations take
place.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until 6 p.m. on
December 2, 2023, through December 10, 2023. The Coast Guard is
establishing a 0.5 nautical mile radius temporary safety zone for
navigable waters in Kaneohe Bay, HI encompassing the partially
submerged Navy P8 aircraft. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the aircraft is being salvaged. 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).
[[Page 86047]]
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 Kaneohe Bay of Oahu, Hawaii,
where vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 and
publish a Marine Safety Information Bulletin (MSIB) on Homeport about
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship 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 11 hours per day for 10 days that will
prohibit entry within 0.5 nautical miles of vessels and machinery being
used by personnel to salvage the Navy P8 aircraft. 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.T14-0949 to read as follows:
Sec. 165.T14-0949 Safety Zone; Kaneohe Bay, Oahu, HI--Navy P8 Salvage
Operations.
(a) Location. The following area is a safety zone: The Coast Guard
is establishing a 0.5 nautical mile radius temporary safety zone for
navigable waters in Kaneohe Bay, HI encompassing the partially
submerged Navy P8 aircraft. This zone extends from the surface of the
water to the ocean floor.
(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 Honolulu (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
[[Page 86048]]
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 at the command center at (808) 842-2600 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: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-27036 Filed 12-11-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.346498 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0949-0001/content.htm"
} |
USCG-2023-0953-0001 | Rule | 2023-12-19T05:00:00 | Safety Zones; New Year’s Fireworks Display, Hood Canal, Washington |
[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Rules and Regulations]
[Page 87719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27771]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0953]
Safety Zones; New Year's Fireworks Display, Hood Canal,
Washington
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will a enforce safety zone surrounding the
Alderbrook Resort dock involved in a fireworks display in Hood Canal,
WA, from December 31, 2023, through January 1, 2024 to provide for the
safety of life on navigable waterways during the event. Our regulation
for marine events within the Thirteenth Coast Guard District identifies
the regulated area for this event in Hood Canal, WA. During the
enforcement period, the operator of any vessel in the regulated area
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR 165.1332 will be enforced for the
Alderbrook Resort and Spa Fireworks regulated area identified in the
fourth row of the table in Sec. 165.1332, from 11 p.m. on December 31,
2023, through 1 a.m. on January 1, 2024.
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 safety zone
regulations in 33 CFR 165.1332 for the annual Alderbrook Resort and Spa
Fireworks display in Hood Canal from 11 p.m. on December 31, 2023,
through 1 a.m. on January 1, 2024. 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. 165.1332, specifics the location of the regulated
area for the Alderbrook Resort and Spa Fireworks display which
encompasses portions of Hood Canal. 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.
Dated: December 12, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-27771 Filed 12-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.348263 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0953-0001/content.htm"
} |
USCG-2023-0954-0001 | Rule | 2023-12-18T05:00:00 | Safety Zone; Upper Galveston Bay, Kemah, TX |
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87343-87344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27738]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0954]
RIN 1625-AA00
Safety Zone; Upper Galveston Bay, Kemah, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within an 840-foot radius of the firework display
barge in the Galveston Bay on the south side of the channel, near Kemah
Boardwalk in Kemah, TX. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the fireworks show. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Sector Houston-Galveston.
DATES: This rule is effective from 8 through 11 p.m. on December 31,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0954 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 Christopher C.
Morgan, Sector Houston-Galveston Waterways Management Division, Coast
Guard; Telephone (713) 398-5823, Email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Houston-Galveston
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
received all amplifying information for this event regarding the need
for a safety zone on December 4, 2023. The Coast Guard must establish
this safety zone by December 31, 2023, and lacks the time for a
reasonable comment period and to consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because action is
needed on December 31, 2023, to ensure the safety of personnel,
vessels, and the marine environment from potential hazards created by
the fireworks show.
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 Houston-Galveston (COTP) has determined
that potential hazards associated with the fireworks show on December
31, 2023, in Kemah, TX, will be a safety concern for anyone within an
840-foot radius of a fireworks display barge, located in Galveston Bay,
TX at 29[deg]32'52.72'' N, 95[deg]00'54.38'' W, on the south side of
the channel. The purpose of this rulemaking is to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone before, during, and after the scheduled fireworks display.
IV. Discussion of the Rule
The fireworks will take place from approximately 9 p.m. to 9:30
p.m. on December 31, 2023. The safety zone will cover all navigable
waters within an 840-foot radius of a fireworks display barge, located
in Galveston Bay, TX, at 29[deg]32'52.72'' N, 95[deg]00'54.38'' W, on
the south side of the channel. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the fireworks display. No
vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 866-
539-8114. 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,
duration, and location of the safety zone. The safety zone will last
for the limited duration of three hours. It covers an 840-foot radius
of navigable waters of Galveston Bay, TX. The zone does not completely
restrict vessel traffic and allows mariners to ask for 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
[[Page 87344]]
with populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone lasting only three hours that will prohibit entry
within 840 feet of the fireworks display barge. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0954 to read as follows:
Sec. 165.T08-0954 Safety Zone; Galveston Bay, Galveston, TX.
(a) Location. The following area is a safety zone: All navigable
waters within an 840-foot radius of a fireworks display barge, located
in Galveston Bay, TX at 29[deg]32'52.72'' N, 95[deg]00'54.38'' W, on
the south side of the channel.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Houston-Galveston in the enforcement of the
regulated areas.
(c) Regulations. (1) According to the general regulations in Sec.
165.23, entry into this temporary safety zone is prohibited unless
authorized by the Captain of the Port Sector Houston-Galveston (COTP)
or a designated representative.
(2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP on VHF-FM channel 16 or by telephone
at 866-539-8114.
(d) Enforcement period. This section will be enforced from 8 until
11 p.m., on December 31, 2023.
Dated: December 7, 2023,
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2023-27738 Filed 12-15-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.348858 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0954-0001/content.htm"
} |
USCG-2023-0961-0001 | Rule | 2023-12-29T05:00:00 | Safety Zone; Laguna Madre, South Padre Island, TX |
[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Rules and Regulations]
[Pages 90096-90098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28756]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0961]
RIN 1625-AA00
Safety Zone; Laguna Madre, South Padre Island, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters in the Laguna Madre. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a firework display launched from a
stationary barge in the Laguna Madre, South Padre Island, Texas. Entry
of vessels or persons into this zone or remaining in the zone when it
is in effect 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. on December 31, 2023, through
1 a.m. on January 1st, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0961 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 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
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
[[Page 90097]]
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 to
protect personnel, vessels, and the marine environment from potential
hazards created by the fireworks display, and we lack sufficient time
to provide a reasonable comment period and consider any comments
submitted before issuing the rule.
Under 5 U.S.C. 553(d)(3), and for the same reason provided above,
the Coast Guard finds that good cause also exists for making this rule
effective less than 30 days after publication in the Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks
displays occurring from 9 p.m. on December 31, 2023, through 1 a.m. on
January 1st, 2024, will be a safety concern for anyone in the waters of
the Laguna Madre area within a 700 yard radius of the following point;
26[deg]6'02.1'' N, 97[deg]10'17.7'' W. The purpose of this rule is to
ensure safety of vessels and persons on these navigable waters in the
safety zone while the display of the fireworks takes place in the
Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone beginning on the
night of December 31, 2023, and continuing into the early morning of
January 1st, 2024. The safety zone will encompass certain navigable
waters of the Laguna Madre, and is defined by a 700 yard radius around
the launching platform, which will be located at the following point:
26[deg]6'02.1'' N, 97[deg]10'17.7'' W. No vessel or person is permitted
to enter the temporary safety zone during the period when it is in
effect 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 in effect for the short period of 4 hours, beginning the night
of December 31, 2023, into the early morning of January 1st, 2024. The
zone is limited to the area with a 700 yard radius of the launching
position in the navigable waters of the Laguna Madre. Prohibiting
vessel traffic within that zone does not completely restrict the
traffic within the waterway, and the rule allows mariners to request
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A, above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions
[[Page 90098]]
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 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.
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.T08-0961 to read as follows:
Sec. 165.T08-0961 Safety Zone; Laguna Madre, South Padre Island, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 700-yard radius from the
following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
(b) Enforcement period. This section is in effect, and subject to
enforcement, from 9 p.m. on December 31, 2023, through 1 a.m. on
January 1st, 2024.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, remaining in, or entry into this temporary safety
zone are 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: December 22, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-28756 Filed 12-28-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.349958 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0961-0001/content.htm"
} |
USCG-2023-0962-0002 | Rule | 2023-12-19T05:00:00 | Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above Head of Passes, New Orleans, LA |
[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Rules and Regulations]
[Pages 87719-87720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27842]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0962]
Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above
Head of Passes, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone on December 30,
2023, for the University of Texas Sugar Bowl Barge Show fireworks
display located on the navigable waters of the Lower Mississippi River
between Mile Marker (MM) 95.5 and MM 96.5. Our regulation for Safety
Zone; Lower Mississippi River, Mile Markers 94 to 97 above Head of
Passes, New Orleans, LA, identifies the regulated area for this event.
This action is necessary to provide for the safety of life on these
navigable waterways during this event. During the enforcement period,
entry into this safety zone is prohibited unless authorized by the
Captain of the Port or a designated representative.
DATES: The regulations in 33 CFR 165.845 will be enforced from 9:45
p.m. through 10:30 p.m. on December 30, 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
for the University of Texas Sugar Bowl Barge Show fireworks display
from 9:45 p.m. through 10:30 p.m. on December 30, 2023, to provide for
the safety of life on the navigable waterways during this event. Our
regulation for Safety Zone; Lower Mississippi River, mile markers 94 to
97 above Head of Passes, New
[[Page 87720]]
Orleans, LA, in 33 CFR 165.845(a), specifies the location of the
regulated area on the Lower Mississippi River, between MM 95.5 and MM
96.5. During the enforcement period, as reflected in 33 CFR 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: December 13, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-27842 Filed 12-18-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.351545 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0962-0002/content.htm"
} |
USCG-2023-0965-0002 | Rule | 2023-12-20T05:00:00 | Safety Zone; Laguna de Lobina, Culebra, Puerto Rico |
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87930-87932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28001]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0965]
RIN 1625-AA00
Safety Zone; Laguna de Lobina, Culebra, Puerto Rico
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Laguna de Lobina within a 50-yard radius of Culebra
Bridge due to structural damage to the bridge. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the damaged bridge. Entry of persons and
vessels from into the safety zone is prohibited unless specifically
authorized by the Captain of the Port San Juan or a designated
representative.
DATES: This temporary interim rule is effective without actual notice
from December 20, 2023, through February 12, 2024. For the purposes of
enforcement, actual notice will be used from December 14, 2023, until
December 20, 2023.
Comments and related material must reach the Coast Guard on or
before January 19, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0965 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.'' See section VI
of the SUPPLEMENTARY INFORMATION for information on public
participation and request for comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Commander Carlos M. Ortega-Perez, Sector San
Juan Waterways Management Division, U.S. Coast Guard; telephone 787-
729-2380, 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 structural damaged is causing the
potential collapse of the Culebra Bridge. Due to this situation the
Culebra Bridge is temporary closed and immediate action is needed to
respond to the potential safety hazards associated with the bridge
structural condition. It is impracticable to publish an NPRM because we
must establish this safety zone by December 14, 2023. Therefore, we
lack sufficient time to provide a reasonable comment period and then to
consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable
[[Page 87931]]
because immediate action is needed to respond to the potential safety
hazards associated with potential collapsing of the Culebra Bridge.
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 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 San Juan (COTP) has determined
that potential hazards associated with potential collapsing of the
Culebra Bridge starting December 14, 2023, will be a safety concern for
anyone within a 50-yard radius of bridge. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the bridge is being closed.
IV. Discussion of the Rule
This rule establishes a safety zone from December 14, 2023, while
the bridge is closed due to structural damage. The safety zone will
cover all navigable waters of the Laguna de Lobina within a 50-yard
radius of the Culebra Bridge. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the bridge is closed. 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: (1) The safety of
personnel, vessels, and the marine environment from potential hazards
created by potential collapsing the bridge; (2) although persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone without authorization from the COTP or a designated
representative they may operate in the surrounding area during the
enforcement period.
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 entry within 50-yard radius of the
Culebra Bridge. 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. We
[[Page 87932]]
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0965 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov. Frequently Asked Questions web
page. Also, if you click on the Dockets tab and then the rule, you
should see a ``Subscribe'' option for email alerts. The option will
notify you when comments are posted, or a final rule is published.
We review all comments received, but we will only post comments
that address the topic of the rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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.T07-0965 to read as follows:
Sec. 165.T07-0965 Safety Zone; Culebra Bridge, Puerto Rico.
(a) Location. All waters of Laguna de Lobina and Ensenada Honda,
from surface to bottom, encompassed by 50-yard radius from Culebra
Bridge located at 18[deg]18'07'' N 65[deg]17'59'' 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 San Juan (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (787) 289-2041, 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 San Juan or
a designated representative. 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 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 December
14, 2023, until February 12, 2024.
Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2023-28001 Filed 12-19-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.352555 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0965-0002/content.htm"
} |
USCG-2023-0968-0001 | Rule | 2023-12-28T05:00:00 | Safety Zone; San Francisco New Year’s Eve Fireworks; San Francisco Bay, San Francisco, CA |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Page 89579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28713]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0968]
Safety Zone; San Francisco New Year's Eve Fireworks; San
Francisco Bay, San Francisco, 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 the San Francisco Bay near the San Francisco Ferry building
for the San Francisco New Year's Eve Fireworks Display. The safety zone
will be enforced December 31, 2023, into January 1, 2024. This action
is necessary to protect personnel, vessels, and the marine environment
from the dangers associated with pyrotechnics. During the enforcement
period, unauthorized persons or vessels are prohibited from entering,
transiting through, or remaining in the safety zone, unless authorized
by the Patrol Commander (PATCOM) or other Federal, State, or local law
enforcement agencies.
DATES: The regulation in 33 CFR 165.1191 will be enforced for the
location described in Table 1 to Sec. 165.1191, Item number 24, from
noon on December 31, 2023, through 12:45 a.m. on January 1, 2024, or as
announced via Broadcast Notice to Mariners.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant William Harris,
U.S. Coast Guard Sector San Francisco, Waterways Management Division;
telephone (415) 399-7443, or email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
regulations in 33 CFR 165.1191 for the event and location listed in
Table 1 to Sec. 165.1191, Item number 24, for the San Francisco New
Year's Eve Firework Display from noon on December 31, 2023, through
12:45 a.m. on January 1, 2024. The Coast Guard will enforce a 100-foot
safety zone around the fireworks barge during the loading, standby,
transit, and arrival of the fireworks barge from the loading location
to the display location and until the start of the fireworks display.
On December 31, 2023, the fireworks barge will be loaded with
pyrotechnics at Pier 64, Wharf 4 in San Francisco, CA from
approximately noon until approximately 6 p.m. The fireworks barge will
remain on standby at the load location until their transit to the
display location. From 10:45 to 11:15 p.m. on December 31, 2023, the
loaded fireworks barge will transit from Pier 64, Wharf 4 to the launch
site near the San Francisco Ferry Building in approximate position
37[deg]47'45'' N, 122[deg]23'15'' W (NAD 83), where they will remain
until the conclusion of the fireworks display. At approximately 11:45
p.m. on December 31, 2023, 15-minutes prior to the fireworks display,
the safety zone will expand to encompass all navigable waters, from
surface to bottom, within a circle formed by connecting all points
1,000 feet out from the fireworks barge. The fireworks barge will be
near the San Francisco Ferry Building in San Francisco, CA in
approximate position 37[deg]47'45'' N, 122[deg]23'15'' W (NAD 83) as
set forth in 33 CFR 165.1191, Table 1, Item number 24. The safety zone
will be enforced until 12:45 a.m. on January 1, 2024, or as announced
via Broadcast Notice to Mariners.
In addition to this notification in the Federal Register, the Coast
Guard plans to provide notification of the safety zone and its
enforcement period via the Local Notice to Mariners.
Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring within 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 regulated area.
Additionally, each person who receives notice of a lawful order or
direction issued by the PATCOM or Official Patrol shall obey the order
or direction. The PATCOM or Official Patrol may, upon request, allow
the transit of commercial vessels through the regulated areas when it
is safe to do so.
If the COTP 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: December 22, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-28713 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.355358 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0968-0001/content.htm"
} |
USCG-2023-0970-0001 | Rule | 2023-12-21T05:00:00 | Coast Guard Sector Sault Sainte Marie; Sector Name Conforming Amendment |
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88249-88251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28103]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 100, 165
[Docket Number USCG-2023-0970]
RIN 1625-AA00
Coast Guard Sector Sault Sainte Marie; Sector Name Conforming
Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The rule makes non-substantive changes to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The purpose of this rule is to reflect that U.S. Coast
Guard Sector Sault Sainte Marie has been renamed U.S. Coast Guard
Sector Northern Great Lakes. This rule will have no substantive effect
on the regulated public.
DATES: This rule is effective without actual notice December 21, 2023.
For the purposes of enforcement, actual notice will be used from
December 1, 2023, until December 21, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0970 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 Chief Warrant Officer Charles Palmer, U.S. Coast Guard;
telephone 906-253-2462, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and Rescue
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
For the last several years, the Coast Guard has sought to better
align the names of its assets to correspond to the area of
responsibility which they serve. Review of the missions and engagements
within the northern Great Lakes region highlighted that ``Sector Sault
Sainte Marie'' alone did not adequately capture the breadth and range
of Coast Guard operations and relationships throughout the region. The
Coast Guard has approved the name change to U.S. Coast Guard Sector
Northern Great Lakes to acknowledge the long-standing commitment to all
communities of the region and to reaffirm the multi-mission support
that the Coast Guard provides to ensure safety at sea and enhanced
maritime governance. The geographic boundaries of Sector Northern Great
Lakes are not changing, and its office is not moving from Sault Sainte
Marie, MI.
We did not publish a notice of proposed rulemaking (NPRM) before
this final rule. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because the changes it makes are conforming amendments involving agency
organization. The Coast Guard also finds good cause exists under 5
U.S.C. 553(b)(B) for not publishing an NPRM because the changes will
have no substantive effect on the public and notice and comment are
therefore unnecessary. For the same reasons, the Coast Guard finds good
cause exists under 5 U.S.C. 553(d)(3) to make the rule effective fewer
than 30 days after publication in the Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 14 U.S.C.
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations
necessary to implement technical, organizational, and conforming
amendments and corrections to rules, regulations, and notices.
On November 06, 2023, the Coast Guard issued Operating Facility
Change Order (OFCO) No. 037-23 which changed the official unit name of
U.S. Coast Guard Sector Sault Sainte Marie to U.S. Coast Guard Sector
Northern Great Lakes. The previous name of Sector Sault Sainte Marie is
described and reflected in regulations, which also contain contact
details and other references to Sector Sault Sainte Marie. These
conforming amendments update those regulations so that they contain
current information.
Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
the authority to establish and prescribe the purpose of Coast Guard
Shore establishments. This authority has been delegated to the Chief of
the Coast Guard's Office of Regulations and Administrative Law under 33
CFR 1.05-1(h).
IV. Discussion of the Rule
OFCO No. 037-23, issued November 06, 2023, changed the official
unit name of U.S. Coast Guard Sector Sault Sainte Marie to U.S. Coast
Guard Sector Northern Great Lakes. The November 2023 OFCO did not
change the area of responsibility (AOR). The AOR of U.S. Coast Guard
Sector Northern Great Lakes is identical to that of what was U.S. Coast
Guard Sector Sault Sainte Marie. All authorities and responsibilities
previously assigned to Commander, U.S. Coast Guard Sector Sault Sainte
Marie have been assigned to Commander, U.S. Coast Guard Sector Northern
Great Lakes. Additionally, all authorities that were vested in the
Commander, U.S. Coast Guard Sector Sault Sainte Marie as it pertains to
the COTP, the OCMI, the Federal On Scene Coordinator, the Federal
Maritime Security Coordinator, and the Search and Rescue Coordinator,
have been assigned to Commander, U.S. Coast Guard Sector Northern Great
Lakes. This rule does not change any sector, OCMI, or COTP zone
boundary lines, nor does
[[Page 88250]]
it have any substantive impact on existing regulated navigation area,
safety zone, or security zone regulation, or any naval vessel
protection zones.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.
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.
For the reasons stated in section V.A. above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''
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 consists only of
an organizational amendment. It is categorically excluded from further
review under paragraph L3 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1, Implementation of the National
Environmental Policy Act.
List of Subjects
33 CFR Part 3
Organization and functions (Government agencies).
33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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 parts 3, 100, and 165 as follows:
PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION
ZONES, AND CAPTAIN OF THE PORT ZONES
0
1. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 501, 504; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
Sec. 3.45-45 [Amended]
0
2. Amend Sec. 3.45-45 by removing the words ``Sector Sault Ste.
Marie'' and adding in their place the words ``Sector Northern Great
Lakes'' in the section heading and removing the words ``Sector Sault
Ste. Marie's'' and adding in their place the words ``Sector Northern
Great Lakes' '' in the introductory text and paragraph (a).
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
3. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.901 [Amended]
0
4. Amend Sec. 100.901 in table 1 by removing the words ``Sector Sault
Ste. Marie'' and adding in their place the words ``Sector Northern
Great Lakes'' in the center heading above the entry ``(1) Bridgefest
Regatta Sponsor: Bridgefest Committee''.
[[Page 88251]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. 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.
Sec. 165.918 [Amended]
0
6. Amend Sec. 165.918 by removing the words ``Port Sault Sainte
Marie'' and adding in their place the words ``Port Northern Great
Lakes'' in the section heading and wherever they appear in paragraphs
(a)(1) through (3), (b), (d), and (e).
Sec. 165.928 [Amended]
0
7. Amend Sec. 165.928 in paragraph (g) by removing the words ``Sault
Ste. Marie'' and adding in their place the words ``Northern Great
Lakes''.
Sec. 165.944 [Amended]
0
8. Amend Sec. 165.944 in paragraphs (d)(1) and (e) by removing the
words ``Sault Sainte Marie'' and adding in their place the words
``Northern Great Lakes''.
Dated: December 18, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-28103 Filed 12-20-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.356757 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0970-0001/content.htm"
} |
USCG-2023-0984-0001 | Rule | 2023-12-28T05:00:00 | Safety Zone; Marina del Rey, California |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89578-89579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28631]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0984]
Safety Zone; Marina del Rey, California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for a recurring
firework event taking place December 31, 2023, in the Los Angeles-Long
Beach Captain of the Port Zone. This action is necessary and intended
to provide for the safety of life and property on navigable waterways
during these events. 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 vessels displaying a Coast
Guard ensign.
DATES: The regulations in 33 CFR 165.1125 will be enforced for the
location identified in table 1 to Sec. 165.1125 item 15 from 8 p.m. on
December 31, 2023, through 1 a.m. on January 1, 2024.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, contact LCDR Kevin Kinsella, U.S. Coast
Guard Sector Los Angeles--Long Beach by telephone (310) 467-2099 or
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
in 33 CFR 165.1125, Table 1 to Sec. 165.1125, item 15, for New Year's
Eve Fireworks, Los Angeles County, from 8 p.m. on December 31, 2023, to
1 a.m. on January 1, 2024. This action is being taken to provide for
the safety of life on navigable waterways during this event. Our
regulation for firework events within the Los Angeles Long Beach
Captain of the Port zone, Table 1 to Sec. 165.1125 item 15, specifies
the location of the regulated area for the New Year's Eve Fireworks
which encompasses portions of the Marina del Rey Harbor and Ballona
Creek. During the enforcement periods, as reflected in Sec. 165.1125,
if you are the operator of a vessel in the regulated area you must
comply with directions from the Patrol Commander or any Official Patrol
displaying a Coast Guard ensign.
The Coast Guard recently published a proposed rule (88 FR 83511,
November 30, 2023) and subsequent final rule
[[Page 89579]]
titled ``Safety Zone; Marina Del Rey, California'' which proposed to
add this event 15 to the table 1 to Sec. 165.1125.
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.
If the Captain of the Port Los Angeles--Long Beach determines that
the safety zone need not to be enforced for the full duration stated in
this notice, the Captain of the Port may use a Broadcast Notice to
Mariners to reflect the change.
Dated: December 20, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
Beach.
[FR Doc. 2023-28631 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
| uscg | 2024-06-07T20:51:06.359023 | regulations | {
"license": "Public Domain",
"url": "https://downloads.regulations.gov/USCG-2023-0984-0001/content.htm"
} |
USCG-2023-0986-0001 | Rule | 2023-12-28T05:00:00 | Safety Zone; Erie Canal, North Tonawanda, NY |
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89576-89578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28650]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0986]
RIN 1625-AA00
Safety Zone; Erie Canal, North Tonawanda, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 105-foot radius of a pedestrian bridge and
the surrounding Erie Canal in North Tonawanda, NY. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Eastern Great Lakes.
[[Page 89577]]
DATES: This rule is effective from 11:40 p.m. December 31, 2023,
through 12:30 a.m. January 1, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0986 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 Kelley, Waterways Management at Sector Eastern
Great Lakes, 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 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. 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 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
Eastern Great Lakes 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 11:40 p.m. December 31,
2023, through 12:30 a.m. on January 1, 2024. The safety zone will cover
all navigable waters within a 105-foot radius of land launched
fireworks over the Erie Canal, in North Tonawanda, NY. The duration of
the zone is intended to protect spectators, 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 Eastern Great Lakes 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. The safety zone
will encompass a 105-foot radius of land launched fireworks in the Erie
Canal, in North Tonawanda, NY. 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.
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 89578]]
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 50 minutes that will prohibit entry within 105
feet of the fireworks launch site. 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.T09-0986 to read as follows:
Sec. 165.T09-0986 Safety Zone; Erie Canal, North Tonawanda, NY.
(a) Location. The following area is a safety zone: All waters of
the Erie Canal, from surface to bottom, encompassed by a 105-foot
radius around 43[deg]01'17.96'' N 78[deg]52'41.04'' 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 Eastern Great Lakes (COTP) in the enforcement of
the safety zone.
(c) 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 COTP Eastern Great Lakes or
a designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Eastern Great Lakes or their designated
representative to obtain permission to do so. The COTP Eastern Great
Lakes or their designated 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 Eastern Great Lakes, or their designated representative.
(d) Enforcement period. The regulated area described in paragraph
(a) is effective from 11:40 p.m. on December 31, 2023 to 12:30 a.m. on
January 1, 2024.
Dated: December 19, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2023-28650 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
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