[Federal Register: May 5, 2009 (Volume 74, Number 85)]
[Rules and Regulations]
[Page 20588-20590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my09-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0175]
RIN 1625-AA00
Safety Zone; Allegheny River, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has established a temporary safety zone from
mile marker 0.0 (Point State Park) on the Allegheny River to mile
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet
out from the left descending bank. This safety zone is needed to
protect spectators and vessels from the hazards associated with the
Venture Outdoors Festival event. Entry into this zone is prohibited,
unless specifically authorized by the Captain of the Port Pittsburgh or
a designated representative.
DATES: This rule is effective from 11 a.m. until 6 p.m. on May 16,
2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0175 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0175
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: 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, and the U.S.
Coast Guard Marine Safety Unit Pittsburgh, Suite 1150 Town Place, 100
Forbes Avenue, Pittsburgh, PA 15222, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Douglas Kang, Marine
Safety Unit Pittsburgh, telephone 412-644-5808. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to protect
participant and spectator craft from the hazards associated with the
Venture Outdoors Festival 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. Publishing an NPRM and delaying
its effective date would be contrary to public interest because
immediate action is needed to protect participant and spectator craft
from the hazards associated with the Venture Outdoors Festival event.
Background and Purpose
The Coast Guard has established a temporary safety zone from mile
marker 0.0 (Point State Park) on the Allegheny River to mile marker 1.0
(Norfolk and Southern Railroad Bridge), extending 328 feet out from the
left descending bank. This safety zone is needed to protect spectators
and vessels from the hazards associated with the Venture Outdoors
Festival event.
Discussion of Rule
The Captain of the Port Pittsburgh is establishing a safety zone
from mile marker 0.0 (Point State Park) on the Allegheny River to mile
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet
out from the left descending bank. Vessels shall not enter into, depart
from, or move within this safety zone without permission from the
Captain of the Port Pittsburgh or his authorized representative.
Persons or vessels requiring entry into or passage through a safety
zone must request permission from the Captain of the Port Pittsburgh,
or a designated representative. They may be contacted on VHF-FM Channel
13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-253-7465.
This rule is effective from 11 a.m. until 6 p.m. on May 16, 2009. The
Captain of the Port Pittsburgh will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
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.
This rule will be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notices to mariners. The impacts on routine navigation are expected to
be minimal.
[[Page 20589]]
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
that portion of the waterways from mile marker 0.0 (Point State Park)
on the Allegheny River to mile marker 1.0 (Norfolk and Southern
Railroad Bridge), extending 328 feet out from the left descending bank
from 11 a.m. to 6 p.m. on Saturday, May 16, 2009. 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 a short period of
time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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).
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 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.
Taking of Private Property
This rule will not effect 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 does not create an
environmental risk to health or risk to safety that may
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 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.
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 0023-01 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 concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded, under figure 2-
1, paragraph (34)(g.), of the Instruction, from further environmental
documentation.
Under figure 2-1, paragraph (34)(g.), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
[[Page 20590]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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, 3306,
3703; 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.T08-0175 to read as follows:
Sec. 165.T08-0175 Safety Zone; Allegheny River, Pittsburgh, PA.
(a) Location. The following area is a Safety Zone: the portion of
the waterways from mile marker 0.0 (Point State Park) on the Allegheny
River to mile marker 1.0 (Norfolk and Southern Railroad Bridge),
extending 328 feet out from the left descending bank.
(b) Effective date. This rule is effective from 11 a.m. until 6
p.m. on May 16, 2009.
(c) Periods of Enforcement. This rule will only be enforced from 11
a.m. until 6 p.m. on May 16, 2009. The Captain of the Port Pittsburgh
or a designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
(d) 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 Pittsburgh.
(2) Persons or vessels requiring entry into or passage through a
safety zone must request permission from the Captain of the Port
Pittsburgh or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at
1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
Dated: March 31, 2009.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Pittsburgh.
[FR Doc. E9-10242 Filed 5-4-09; 8:45 am]
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