[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28312-28315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12007]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1015]
RIN 1625-AA00
Safety Zones; Fireworks Display Kanawha River, WV
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule with request for comments.
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SUMMARY: The Coast Guard is establishing three permanent safety zones
in the Ohio Valley Captain of the Port Zone on specified waters of the
Kanawha River in Charleston and St. Albans, West Virginia. These safety
zones are necessary to protect persons and vessels from the potential
safety hazards associated with annual firework displays. When these
safety zones are activated, and thus subject to enforcement, this rule
would limit the movement of vessels within the established fireworks
display areas. Entry into, transit through, mooring, or anchoring
within the zones during time of enforcement is prohibited unless
authorized by the Captain of the Port, Ohio Valley or designated
representative.
DATES: This rule is effective May 17, 2011. Comments must be submitted
by June 16, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1015 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2010-1015 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-1015 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Petty Officer Marceli Rogoza, Marine Safety Unit
Huntington Coast Guard; telephone 304-733-0198 extension 2137, e-mail
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1015), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will
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then become highlighted in blue. In the ``Document Type'' drop down
menu select ``Proposed Rule'' and insert ``USCG-2010-1015'' in the
``Keyword'' box. Click ``Search'' then click on the balloon shape in
the ``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1015'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Regulatory Information
The Coast Guard is issuing this interim 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 standard notice procedures are
impracticable. Immediate action is necessary to ensure the safety of
vessels, spectators, participants, and others in the vicinity of the
marine event on the dates and times this rule will be in effect.
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 because a delayed effective date
would be impracticable as immediate action is necessary to ensure the
safety of the public during the scheduled fireworks events.
Basis and Purpose
The U.S. Coast Guard is establishing three permanent safety zones
to ensure public safety during annual fireworks displays occurring on
the specified waters of the Kanawha River, West Virginia. These safety
zones are necessary to protect the public from the hazards associated
with fireworks displays. These fireworks displays are scheduled to
occur annually during the first week of June. The Captain of the Port
Ohio Valley or designated representative will give notice of
enforcement of each safety zone by all appropriate means to provide the
widest publicity among the affected segments of the public.
Discussion of Rule
The Captain of the Port Ohio Valley is establishing three safety
zones for the specified waters of the Kanawha River. The first, for the
West Virginia Special Olympics Fireworks Display, is located between
mile 57.9 and 58.9 in Charleston, West Virginia and is effective
annually on the first Friday in June. The second safety zone, for the
West Virginia Symphony Sunday Fireworks, is located between mile 59.5
and 60.5 in Charleston, West Virginia and is effective annually on the
first Sunday in June. The third safety zone for the St. Albans
Fireworks Display is located in St. Albans, West Virginia between mile
46.0 and 47.0 of the Kanawha River and is effective the last Saturday
in June.
The term ``participating vessel'' includes all vessels registered
with the fireworks event officials to work in the event. With the
exception of participating vessels and those mariners operating
participating vessels, all vessels and persons are prohibited from
transiting within this safety zone unless authorized by the Captain of
the Port Ohio Valley or a designated representative. The Captain of the
Port Ohio Valley may be contacted on VHF-FM Channels 13 or 16, or by
telephone at 800-253-7465. The Captain of the Port Ohio Valley will
inform the public through broadcast notice to mariners of the
enforcement periods for the safety zones.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size and location of the safety zones. The basis of this finding
is that the safety zone will only be in effect for a limited time
period on one day each year and notifications to the marine community
will be made through broadcast notice to mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule will affect the following
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entities, some of which may be small entities: The owners or operators
of vessels intending to transit the specified waters of the Kanawha
River during the first week in June each year. This safety zone will
not have a significant economic impact on a substantial number of small
entities because this rule will only be in effect for limited time
period on one day each year during the fireworks displays.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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 Petty Officer Marceli Rogoza.
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.
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This rule is categorically excluded,
under figure 2-1, paragraph (34)(g.), of the Instruction. This rule
involves regulations establishing safety zones. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.822 to read as follows:
Sec. 165.822 Safety Zone; Fireworks Display, Kanawha River, WV.
(a) Safety Zones. The following areas are designated safety zones:
all waters between the specified mile markers on the Kanawha River,
described as follows in the Table to Sec. 165.822(a):
[[Page 28315]]
Table to Sec. 165.822(a)
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Event name Event location Scheduled date
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West Virginia Special Olympics Between mile 57.9 and 58.9, First Friday in June.
Fireworks Display. Charlestown, WV.
West Virginia Symphony Sunday Between mile 59.5 and 60.5, First Sunday in June.
Fireworks Display. Charlestown, WV.
St. Albans Fireworks Display......... Between mile 46.0 and 47.0, Last Saturday in June.
St. Albans, WV.
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(b) Enforcement. The Captain of the Port Ohio Valley or designated
representative will inform the public through broadcast notice to
mariners of the enforcement periods for the safety zones.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Ohio Valley or designated
representative.
(2) Persons or vessels requiring entry into or passage through this
zone must request permission from the Captain of the Port Ohio Valley,
or a designated representative. They may be contacted on VHF-FM
Channels 13 or 16, or by telephone at (800) 253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated on-scene U.S. Coast
Guard patrol personnel.
(4) On-scene U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
Dated: March 15, 2011.
L.W. Hewett,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2011-12007 Filed 5-16-11; 8:45 am]
BILLING CODE 9110-04-P