[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27892-27895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11785]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0160]
RIN 1625-AA08
Special Local Regulation; Allegheny River, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation from the Point State Park (mile marker 0.0) to the River
Rescue station (mile marker 0.5) on the Allegheny River, extending 200
feet out
[[Page 27893]]
from the right descending bank. The special local regulation is being
established to safeguard participants of the Venture Outdoors Festival
from the hazards of marine traffic. Entry into, movement within, and
departure from this Coast Guard regulated area, while it is activated
and enforced, is prohibited, unless authorized by the Captain of the
Port or a designated representative.
DATES: This proposed rule is effective from 10:30 a.m. until 6 p.m. on
May 21, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0160 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0160 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 proposed
rule, call or e-mail ENS Robyn Hoskins, Marine Safety Unit Pittsburgh,
Coast Guard; telephone 412-644-5808 Ext. 2140, 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:
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).
Publishing a NPRM would be impracticable with respect to this rule
because immediate action is needed to safeguard participants during the
Venture Outdoors Festival marine event from the hazards imposed by
marine traffic. The date of the Venture Outdoors Festival is tied to
numerous other events and cannot be changed at this time. In addition,
because the regulation is for one day only, applies to a small portion
of the river and will not impede navigation of the river, the Coast
Guard believes that the restriction on marine traffic will be so
minimal as to make full notice & comment procedures unnecessary.
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 impracticable based on the short notice
received for the event and the short period that the special local
regulation will be in place. Immediate action is needed to provide
safety and protection during the Venture Outdoors Festival marine event
that will occur in the city of Pittsburgh, PA. The date of the Venture
Outdoors Festival is tied to numerous other events and cannot be
changed at this time. In addition, because the regulation is for one
day only, applies to a small portion of the river and will not impede
navigation of the river, the Coast Guard believes that the restriction
on marine traffic will be so minimal as to make full notice & comment
procedures unnecessary.
Basis and Purpose
The Coast Guard is establishing a temporary special local
regulation from the Point State Park (mile marker 0.0) to the River
Rescue station (mile marker 0.5) on the Allegheny River, extending 200
feet out from the right (descending bank. The special local regulation
is being established to safeguard participants of the Venture Outdoors
Festival from the hazards of marine traffic.
Discussion of Rule
The Captain of the Port Pittsburgh is establishing a temporary
special local regulation from the Point State Park (mile marker 0.0) to
the River Rescue station (mile marker 0.5) on the Allegheny River,
extending 200 feet out from the right descending bank. The special
local regulation is being established to safeguard participants of the
Venture Outdoors Festival from the hazards of marine traffic that will
occur in the city of Pittsburgh, PA. Persons or vessels shall not enter
into, depart from, or move within the regulated area without permission
from the Captain of the Port Pittsburgh or his authorized
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 10:30 a.m. to 6 p.m. on May 21, 2011. The Captain of the
Port Pittsburgh will inform the public through broadcast notices to
mariners of the enforcement period for the special local regulation 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 only be in effect for less
than one day and notifications to the marine community will be made
through broadcast notice to mariners. The impacts on routine navigation
are expected to be minimal.
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 the Point State Park (mile marker
0.0) to the River Rescue station (mile marker 0.5) on the Allegheny
River, from 10:30 a.m. to 6 p.m. on May 21, 2011. The special local
regulation will not have a significant economic impact on a substantial
number of small entities because this rule will only be in effect for
less than one day.
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.
[[Page 27894]]
Assistance for Small Entities
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 (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.
Taking of Private Property
This rule will 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 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 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 concluded
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, under figure 2-1, paragraph (34)(h.),
of the Instruction. This rule involves establishing a special local
regulation, requiring a permit wherein an analysis of the environmental
impact of the regulations was performed. Under figure 2-1, paragraph
(34)(h.), of the Instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
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: 33 U.S.C. 1233.
0
2. Add Sec. 100.T08-0160 to read as follows:
Sec. 100.T08-0160 Special Local Regulation; Allegheny River,
Pittsburgh, PA.
(a) Location. The following area is a regulated area: All waters of
the Allegheny River, from surface to bottom, from mile marker 0.0 to
mile marker 0.5, extending 200 feet out from the right descending bank.
These markings are based on the USACE's Allegheny River Navigation
Charts (Chart 1, January 2004).
(b) Periods of Enforcement. This rule will only be enforced from
10:30 a.m. through 6 p.m. on May 21, 2011. The Captain of the Port
Pittsburgh or a designated representative will inform the public
through broadcast notices to mariners of changes to the enforcement
period for the regulated area.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of
[[Page 27895]]
this part, entry into this regulated area is prohibited unless
authorized by the Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry into, departure from, or
passage through a regulated area 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: April 8, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2011-11785 Filed 5-12-11; 8:45 am]
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