[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Proposed Rules]
[Pages 30008-30011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12553]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0123]
RIN 1625-AA00
Safety Zone; The Southside Outside, Allegheny River, Mile Marker,
0-0.25, Monongahela River, Mile Marker, 0-3.09
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone extending 200 feet from the left bank Allegheny River Mile 0.0 to
0.25 and extending 200 feet from the right bank Monongahela River Mile
0.0 to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety
zone will also be established extending 300 feet from the left bank
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. This safety zone is needed to protect persons and
vessels from the potential safety hazards associated with a paddle
board marine event. Entry into this zone will be prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP), Pittsburgh or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 10, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh
Waterways Management Division, U.S. Coast Guard; telephone (412)221-
0807, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Cheryl F. Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone 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,
type the docket number [USCG-2015-0123] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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 comments 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 the rule
based on your comments.
2. 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,
type the docket number (USCG-2015-0123) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit 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.
[[Page 30009]]
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please 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.
B. Regulatory History and Information
The Coast Guard has a long history working with local, state, and
federal agencies in areas to improve emergency response, to prepare for
events that call for swift action, and to protect our nation. The Coast
Guard is proposing to establish this safety zone on the waters of the
Allegheny and Monongahela Rivers in Pittsburgh, Pennsylvania for the
Southside Outside Paddleboard Marine Event. The marine event is
scheduled to take place from 8:00 a.m. to 4:00 p.m. on September 5,
2015. This proposed rule is necessary to protect the safety of the
participants, spectators, commercial traffic, and the general public on
the navigable waters of the United States during the event.
C. Basis and Purpose
The legal basis and authorities for this proposed rule are found in
33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this proposed safety
zone is to protect public boaters and their vessels from potential
safety hazards associated with the Paddleboard marine event on the
Allegheny and Monongahela Rivers, Pittsburgh, Pennsylvania.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a Safety Zone that
will encompass certain waters of the Allegheny and Monongahela Rivers
in Pittsburgh, Pennsylvania. The proposed Safety Zone regulations would
be enforced from approximately 8:00 a.m. to 4:00 p.m. for approximately
8 hours on September 5, 2015. As proposed, the Safety Zone would extend
200 feet from the left bank of the Allegheny River Mile 0.0 to 0.25 and
extend 200 feet from the right bank of the Monongahela River Mile 0.0
to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety zone
is also proposed to extend 300 feet from the left bank of the
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. All persons and vessels, except those persons and
vessels participating in the paddleboard marine event and those vessels
enforcing the areas, would be prohibited from entering, transiting
through, anchoring in, or remaining within the proposed safety zone
areas.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port Pittsburgh by telephone at (412)
221-0807, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the enforcement areas is granted by the Captain of the Port Pittsburgh
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Pittsburgh or a designated representative.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The temporary safety
zone listed in this proposed rule will only restrict vessel traffic
from entering, transiting, or anchoring within a small portion of the
Allegheny and Monongahela Rivers. The effect of this proposed
regulation will not be significant for several reasons: (1) this rule
will not affect vessel traffic; (2) the impacts on routine navigation
are expected to be minimal because notifications to the marine
community will be made through local notice to mariners (LNM) and
broadcast notice to mariners (BNM). Therefore, these notifications will
allow the public to plan operations around the proposed safety zone and
its enforcement times.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit the Allegheny River from mile 0 to mile 0.25 and
Monongahela River mile 0 to mile 3.09 effective from 8:00 a.m. to 4:00
p.m. on September 5, 2015. This proposed safety zone will not have a
significant economic impact on a substantial number of small entities
because this proposed rule will not impede navigational traffic.
Traffic in this area is limited to almost entirely recreational vessels
and commercial towing vessels. Notifications to the marine community
will be made through BNMs and electronic mail. Notices of changes to
the proposed safety zone and scheduled effective times and enforcement
periods will also be made. Deviation from the proposed restrictions may
be requested from the COTP or designated representative and will be
considered on a case-by-case basis.
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.
3. 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 proposed 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
[[Page 30010]]
listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard
will not retaliate against small entities that question or complain
about this proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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 proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. 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.
7. 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed 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.
9. Civil Justice Reform
This proposed 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed 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.
11. Indian Tribal Governments
This proposed 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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. This proposed rule involves
establishing temporary safety zones. Safety Zone extending 200 feet
from the left bank Allegheny River Mile 0.0 to 0.25 and extending 200
feet from the right bank Monongahela River Mile 0.0 to 3.09 from 8:00
a.m. to 11:00 a.m. September 5, 2015. A safety zone will also be
established extending 300 feet from the left bank Monongahela River
Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m. September 5, 2015. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-0123 is added to read as follows:
Sec. 165.T08-0123 Safety Zone, The Southside Outside; Allegheny
River, Mile 0.0 to 0.25, Monongahela River, Mile 0-3.09.
(a) Location. The following areas are temporary safety zones:
(1) All waters extending 200 feet from the left bank of the
Allegheny River Mile 0.0 to 0.25 and extending 200 feet from the right
bank of the Monongahela River mile 0.0 to 3.09; and
(2) All waters extending 300 feet from the left bank of the
Monongahela River mile 2.32 to 3.09.
(b) Effective date and times. The safety zone listed in paragraph
(a)(1) of this section is effective from 8:00 a.m. to 11:00 a.m. on
September 5, 2015. The safety zone listed in paragraph (a)(2) of this
section is effective from 11:00 a.m. to 4:00 p.m. on September 5, 2015.
(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 COTP Pittsburgh or a designated representative.
(2) Spectator vessels may safely transit outside the safety zones
at a minimum safe speed, but may not anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or passage through the safety
zones must request permission from the COTP Pittsburgh or a designated
representative. They may be contacted by telephone at (412) 412-0807.
(3) All vessels shall comply with the instructions of the COTP
Pittsburgh and
[[Page 30011]]
designated personnel. Designated personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard.
(d) Information broadcasts. The COTP 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.
Dated: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-12553 Filed 5-22-15; 8:45 am]
BILLING CODE 9110-04-P