[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37542-37545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16251]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0436]
RIN 1625-AA00
Safety Zone; Three Rivers Regatta/Three River Regatta and
Fireworks, Ohio River, Mile 0.5 to Mile 0.5 on the Allegheny River and
Mile 0.5 on the Monongahela River; Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone from
mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and
mile 0.5 on the Monongahela River, extending the entire width of the
rivers. This action is necessary to ensure public safety due to the
inherent hazards associated with launching fireworks from a barge and
the explosive nature of the fireworks display. During the enforcement
period, entry into, transiting, or anchoring in the safety zone is
prohibited to all vessels not registered with the sponsor as
participants or official patrol vessels, unless specifically authorized
by the Captain of the Port (COTP) Pittsburgh or a designated
representative.
DATES: This rule is effective and will be enforced with actual notice
on July 3, 2015 from 12:00 p.m. to 10:00 p.m., on July 4, 2015 from
12:00 p.m. to 10:00 p.m. and on July 5, 2015 from 12:00 p.m. to 10:00
p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0436. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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
[[Page 37543]]
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ariana Mohnke, Marine Safety Unit Pittsburgh, U.S. Coast
Guard, at 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
A. Regulatory History and Information
On June 11, 2015, we published a final rule entitled ``Annual
fireworks displays and other events in the Eighth Coast Guard District
requiring safety zones'' in the Federal Register (79 FR 222398). In
that rulemaking, the Coast Guard established a permanent safety zone
for the annual ``Three Rivers Regatta/Three River Regatta and
Fireworks'', listed in Table no. 1 to 33 CFR 165.801 at Line no. 43. On
June 15, 2015, we published a notice of proposed rulemaking (NPRM)
entitled ``Three Rivers Regatta/Three River Regatta and Fireworks'' in
the Federal Register. We received no comments on the proposed rule. No
public meeting was requested, and none was held.
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 using the NPRM process with respect to this rule
because it is unnecessary and contrary to public interest.
On May 20, 2015, the sponsor notified the Coast Guard that it
intended to hold the event on July 3-5, 2015 at a location from mile
0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5
on the Monongahela River, extending the entire width of the rivers.
According to Table no. 1 to 33 CFR 165.801, the event is to be held
during two days the week of July 4th and is to be located at: Ohio
River, Mile 0.0-0.5, Allegheny River, Mile 0.0-0.5, and Monongahela
River, Mile 0.0-0.5. After full review of the event information and
location, the Coast Guard determined that the published annual event
differs from the intended dates and location for the event being held
this year. A safety zone is necessary. Therefore, to mitigate the
potential danger to spectators and participants, the Coast Guard is
establishing a temporary safety zone. Any delay or cancellation of the
event in order to allow for a notice and comment period is contrary to
the public interest in not having the event occur on the dates and in
the location proposed by the sponsor and advertised to the public and
could potentially interfere with contractual obligations. Completing
the full NPRM process would be impracticable. Delaying this rule by
completing the full NPRM process would unnecessarily delay the safety
zone and be contrary to public interest because the safety zone is
needed to protect transiting vessels, spectators, and the personnel
involved in the display from the hazards associated with fireworks
displays taking place over the waterway.
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. Delaying this rule would be
unnecessary as this event is a recurring event and mariners familiar
with the waterway are aware that the regatta and celebrations related
to Independence Day activities occur yearly on this waterway. This year
the event will occur over the course of three days, as opposed to the
published time period of two days, as per the Federal Register. In
addition, the event will take place very near to the published
location, approximately 0.1 miles distant from the published location
in the Federal Register. Delaying this rule would be contrary to the
public interest of ensuring the safety of spectators and vessels during
the event and immediate action is necessary to prevent possible loss of
life or property. Also a delay or cancellation of the event in order to
allow for publication in the Federal Register is contrary to the
public's interest in having this event occur as scheduled. Broadcast
Notices to Mariners (BNM) and information sharing with the waterway
users will update mariners of the restrictions, requirements, and
enforcement times during this temporary situation.
B. Basis and Purpose
This regulation is necessary to ensure the safety of vessels,
spectators and participants from hazards associated with and resulting
from the 2015 Three Rivers Regatta/Three River Regatta and Fireworks
events. Based on the inherent hazards associated with a fireworks show
and an on-water regatta event, the COTP Pittsburgh has determined that
a fireworks display and a marine regatta pose a significant risk to
watercraft, participant safety, spectator safety, public safety and
property. The combination of increased numbers of recreational vessels
and potential debris falling on passing or anchored spectator vessels
has the potential to result in serious injuries or fatalities. This
regulation temporarily establishes a zone to restrict vessel movement
through and around the location of the regatta and the fireworks
display in order to reduce the risks associated with these events.
The legal basis and authorities for this 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 establish and define
regulatory safety zones.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone for the 2015 Three
Rivers Regatta/Three River Regatta and Fireworks from mile 0.5 Ohio
River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the
Monongahela River, extending the entire width of the rivers. This
temporary safety zone will be enforced with actual notice from 12:00
p.m. to 10:00 p.m. on July 3-5, 2015, daily. Additionally, prior to the
fireworks displays, there will be boat races and therefore, for the
safety of those involved in the boat races as well as the general
public attempting to transit through this location, a safety zone will
be enforced. The public will be informed of the enforcement periods by
local notice to mariners. Should there be any subsequent changes or
shortening of enforcement periods, the public will be notified via
broadcast notice to mariners.
This rule establishing a temporary safety zone is necessary to
ensure the safety of spectators and vessels from hazards associated
with the event.
Deviation from this temporary safety zone is prohibited unless
specifically authorized by the COTP Pittsburgh, or a designated
representative. Deviation requests will be considered and reviewed on a
case-by-case basis.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking.
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Below we summarize our analyses based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This 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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). This rule is limited in scope
and will be in effect for a limited time period. The temporary safety
zone will be in effect for ten hours on each of three consecutive days.
The Coast Guard expects minimum adverse impact to mariners from the
zone's activation as the event has been advertised to the public. Also,
mariners may request authorization from the COTP Pittsburgh or the
designated representative to transit the zone. Notifications to the
marine community will be made through local notice to mariners and
broadcast notice to mariners. The impacts on routine navigation are
expected to be minimal.
2. 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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit from mile 0.5 Ohio River up-bound to mile 0.5 on
the Allegheny River and mile 0.5 on the Monongahela River, extending
the entire width of the rivers from 12:00 p.m. to 10:00 p.m. on July 3,
2015 and July 4, 2015 and July 5, 2015. This safety zone will not have
a significant economic impact on a substantial number of small entities
because this rule is limited in scope, will only be in effect for a
limited time period, and notifications to the marine community will be
made to those that could be operating in the area during the event.
Additionally, waterway users can use the portions of the channel not
affected by the safety zone. Deviation from the rule may be requested
and will be considered on a case-by-case basis by the COTP or a
designated representative.
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 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,
above.
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.
4. 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).
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 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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14. 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 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 establishes a temporary safety zone from mile
0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5
on the Monongahela River, extending the entire width of the rivers.
This rule is categorically excluded from further review under paragraph
34(g) of figure 2-1 of the Commandant Instruction an 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, 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: 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.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
2. A new temporary Sec. 165.T08-0436 is added to read as follows:
Sec. 165.T08-0436 Safety Zone; Three Rivers Regatta/Three River
Regatta and Fireworks, Ohio River mile 0.5 to mile 0.5 on the Allegheny
River and mile 0.5 on the Monongahela River; Pittsburgh, PA.
(a) Location. The following area is a safety zone: Ohio River mile
0.5 to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela
River.
(b) Effective date. This rule is effective, and will be enforced
through actual notice, from July 3, 2015 through July 5, 2015 from
12:00 p.m. through 10:00 p.m., daily.
(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) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP Pittsburgh or a designated
representative. The COTP Pittsburgh representative may be contacted at
412-221-0807.
(3) All persons and vessels shall comply with the instructions of
the COTP Pittsburgh or their designated representative. Designated COTP
representatives include United States Coast Guard commissioned,
warrant, and petty officers.
(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: June 15, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-16251 Filed 6-30-15; 8:45 am]
BILLING CODE 9110-04-P