Safety Zone; Allegheny River, Mile 0 to Mile 0.6, Pittsburgh, PA

Published date29 July 2019
Citation84 FR 36469
Record Number2019-15969
SectionRules and Regulations
CourtCoast Guard,Homeland Security Department
Federal Register, Volume 84 Issue 145 (Monday, July 29, 2019)
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
                [Rules and Regulations]
                [Pages 36469-36471]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-15969]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2019-0621]
                RIN 1625-AA00
                Safety Zone; Allegheny River, Mile 0 to Mile 0.6, Pittsburgh, PA
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is establishing a temporary safety zone for
                navigable waters of the Allegheny River from Mile 0 to Mile 0.6. The
                safety zone is needed to protect personnel, vessels, and the marine
                environment from potential hazards created by high speed boat races and
                paddle boat races. Entry of vessels or persons into this zone is
                prohibited unless specifically authorized by Captain of the Port Marine
                Safety Unit Pittsburgh or a designated representative.
                DATES: This rule is effective from 10:30 a.m. on August 2, 2019 through
                10:30 p.m. on August 4, 2019.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to http://www.regulations.gov, type USCG-
                2019-0621 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 MST2 Charles Morris, 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. After receiving
                and fully reviewing the event information, circumstances and exact
                location, the Coast Guard determined that a safety zone was necessary
                to protect personnel, vessels, and the marine environment from
                potential hazards created from high speed boat races and paddleboat
                races. It would be impracticable to complete the full NPRM process for
                this safety zone because we need to establish it by August 2, 2019 and
                lack sufficient time to provide a reasonable comment period and then
                consider those comments before issuing the rule.
                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 Marine
                Safety Unit Pittsburgh (COTP) has determined that a safety zone is
                needed to protect personnel, vessels, and the marine environment from
                potential hazards created from high speed boat races and paddle boat
                races.
                IV. Discussion of the Rule
                 This rule establishes a safety zone from 10:30 a.m. on August 2,
                2019 through 10:30 p.m. on August 4, 2019, to be enforced from 10:30
                a.m. through 10:30 p.m. each day. The safety zone will cover all
                navigable waters on the Allegheny River from Mile 0 to Mile 0.6.
                 No vessel or person is 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 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.
                [[Page 36470]]
                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, and duration of the safety zone. This safety zone impacts
                approximately a one-half mile stretch of the Allegheny River for a
                duration of twelve hours on each of three days. Vessel traffic can seek
                permission to transit the zone. Moreover, the Coast Guard will issue
                LNMs, MSIBs, and BNMs via VHF-FM marine channel 16 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
                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 a temporary safety zone lasting twelve
                hours on each of three days that will prohibit entry on the Allegheny
                River from Mile 0 to Mile 0.6, during the high speed boat race and
                paddleboat race event. It is categorically excluded from further review
                under paragraph L60(a) in Table Table 3-1 of U.S. Coast Guard
                Environmental Planning Implementing Procedures 5090.1. A Record of
                Environmental Consideration supporting this determination is available
                in the docket where indicated under ADDRESSES.
                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
                 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. 0170.1.
                0
                2. Add Sec. 165.T08-0621 to read as follows:
                [[Page 36471]]
                Sec. 165.T08-0621 _Safety Zone; Allegheny River, Mile 0 to Mile 0.6,
                Pittsburgh, PA.
                 (a) Location. The following area is a safety zone: All navigable
                waters of the Allegheny River from Mile 0 to Mile 0.6
                 (b) Effective period. This section is effective from 10:30 a.m. on
                August 2, 2019, through 10:30 p.m. on August 4, 2019. It will be
                enforced from 10:30 a.m. through 10:30 p.m. each day.
                 (c) Regulations. (1) In accordance with the general regulations in
                Sec. 165.23, entry of persons and vessels into this zone is prohibited
                unless authorized by the Captain of the Port Marine Safety Unit
                Pittsburgh (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
                the COTP.
                 (2) Persons or vessels requiring entry into or passage through the
                zone must request permission from the COTP or a designated
                representative. 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.
                 (3) All persons and vessels shall comply with the instructions of
                the COTP or a designated representative.
                 (d) Information broadcasts. The COTP or a designated representative
                will inform the public through Local Notice to Mariners (LNMs),
                Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
                Bulletins (MSIBs), as appropriate.
                A.W. Demo,
                Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
                Pittsburgh.
                [FR Doc. 2019-15969 Filed 7-26-19; 8:45 am]
                 BILLING CODE 9110-04-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT