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43745
Federal Register
/Vol. 69, No. 140/Thursday, July 22, 2004/Rules and Regulations
New Years Eve Fireworks DisplaySponsor: Festevents, Inc.Date: December 31
Dated: July 2, 2004.
Sally Brice-O
’
Hara,
Rear Admiral, U.S. Coast Guard, Commander,Fifth Coast Guard District.
[FR Doc. 04
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16648 Filed 7
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21
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04; 8:45 am]
BILLING CODE 4910
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15
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P
DEPARTMENT OF HOMELANDSECURITYCoast Guard33 CFR Part 165
[COTP Pittsburgh
–
03
–
030]RIN 1625
–
AA00
Security Zone; Ohio River Mile 119.0 to119.8, Natrium, WV
AGENCY
:
Coast Guard, DHS.
ACTION
:
Final rule.
SUMMARY
:
The Coast Guard is removingan established security zone thatencompasses all waters extending 200feet from the water
’
s edge of the leftdescending bank of the Ohio River, beginning from mile marker 119.0 andending at mile marker 119.8. Thissecurity zone protects Pittsburgh PlateGlass Industries (PPG), persons andvessels from subversive or terrorist acts.Under the Maritime TransportationSecurity Act of 2002, owners oroperators of this facility are required totake specific action to improve facilitysecurity. As such, a security zonearound this facility is no longernecessary under normal conditions.This rule removes the establishedsecurity zone.
DATES
:
This final rule is effective on July1, 2004.
ADDRESSES
:
Comments and materialreceived from the public, as well asdocuments indicated in this preamble as being available in the docket, are part of docket (COTP Pittsburgh
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03
–
030) andare available for inspection or copyingat Marine Safety Office Pittsburgh, Suite1150 Kossman Bldg., 100 Forbes Ave.Pittsburgh, PA 15222
–
1371, between7:30 a.m. and 4 p.m., Monday throughFriday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT
:
 Lieutenant (LT) Luis Parrales, MarineSafety Office Pittsburgh at (412) 644
–
5808, ext. 2114.
SUPPLEMENTARY INFORMATION
:
Regulatory History
On January 9, 2004, we published anotice of proposed rulemaking (NPRM)entitled
‘‘
Security Zone; Ohio RiverMile 119.0 to 119.8, Natrium, WV
’’
inthe
Federal Register
(69 FR 1556). Wereceived no comments on the proposedrule. No public hearing was requested,and none was held.
Background and Purpose
On March 24, 2003, the Coast Guardpublished a final rule entitled
‘‘
SecurityZone; Ohio River Mile 119.0 to 119.8,Natrium, West Virginia
’’
, in the
FederalRegister
(68 FR 14150). That final ruleestablished a security zone thatencompasses all waters extending 200feet from the water
’
s edge of the leftdescending bank of the Ohio River, beginning from mile marker 119.0 andending at mile marker 119.8. Thissecurity protects Pittsburgh Plate GlassIndustries (PPG), persons and vesselsfrom subversive or terrorist acts.Under the authority of the MaritimeTransportation Security Act of 2002, theCoast Guard published a final rule onOctober 22, 2003, entitled
‘‘
FacilitySecurity
’’
in the
Federal Register
(68 FR60515) that established 33 CFR 105.That final rule became effectiveNovember 21, 2003, and providessecurity measures for certain facilities,including PPG. Section 105.200 of 33CFR requires owners or operators of thePPG facility to designate securityofficers for facilities, develop securityplans based on security assessments andsurveys, implements security measuresspecific to the facility
’
s operations, andcomply with Maritime Security Levels.Under 33 CFR 105.115, the owner oroperator of this facility must, byDecember 31, 2003, submit to theCaptain of the Port, a Facility SecurityPlan as described in subpart D of 33CFR part 105, or if intending to operateunder an approved Alternative SecurityProgram as described in 33 CFR101.130, a letter signed by the facilityowner or operator stating whichapproved Alternative Security Programthe owner or operator intends to use.Section 105.115 of 33 CFR also requiresthe facility owner or operator to be incompliance with 33 CFR part 105 on or before July 1, 2004. As a result of theseenhanced security measures, thesecurity zone around PPG is no longernecessary under normal conditions. Theremoval of this security zone will become effective on July 1, 2004.
Discussion of Comments and Changes
We received no comments on ourproposal to remove the security zone in
§
165.822. Therefore, we are proceedingto remove
§
165.822 as we proposed.
Regulatory Evaluation
This rule is not a
‘‘
significantregulatory action
’’
under section 3(f) of Executive Order 12866 and does notrequire an assessment of potential costsand benefits under section 6(a)(3) of thatOrder. The Office of Management andBudget has not reviewed it under thatOrder. It is not significant under theregulatory policies and procedures of the Department of Homeland Security(DHS).We expect the economic impact of this rule to be so minimal that a fullregulatory evaluation under theregulatory policies and procedures of DHS is unnecessary as this rule removesa regulation that is no longer necessary.
Small Entities
Under the Regulatory Flexibility Act(5 U.S.C. 601
–
612), we have consideredwhether this rule would have asignificant economic impact on asubstantial number of small entities.The term
‘‘
small entities
’’
comprisessmall businesses, not-for-profitorganizations that are independentlyowned and operated and are notdominant in their fields, andgovernmental jurisdictions withpopulations of less than 50,000.The Coast Guard certifies under 5U.S.C. 605(b) that this rule will not havea significant economic impact on asubstantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the SmallBusiness Regulatory EnforcementFairness Act of 1996 (Public Law 104
–
121), we offered to assist small entitiesin understanding this rule so that theycan better evaluate its effects on themand participate in the rulemaking.Small businesses may send commentson the actions of Federal employeeswho enforce, or otherwise determinecompliance with Federal regulations tothe Small Business and AgricultureRegulatory Enforcement Ombudsmanand the Regional Small BusinessRegulatory Fairness Boards. TheOmbudsman evaluates these actionsannually and rates each agency
’
sresponsiveness to small business. If youwish to comment on actions byemployees of the Coast Guard, call 1
–
888-REG-FAIR (1
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888
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734
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3247).
Collection of Information
This rule calls for no new collectionof information under the PaperworkReduction Act of 1995 (44 U.S.C. 3501
–
3520).
Federalism
A rule has implications for federalismunder Executive Order 13132,
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