[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Proposed Rules]
[Pages 37562-37565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16258]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0332]
RIN 1625-AA00
Safety zone; Allegheny River Between Mile 0.0 and 1.4;
Pittsburgh, PA
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 on the Allegheny River mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45
a.m. on August 8, 2015 and August 9, 2015. This safety zone is needed
to protect persons participating in the Pittsburgh Triathlon. 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 July 16, 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
[[Page 37563]]
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-2015-0332] 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-2015-0332) 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.
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 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 River for the Pittsburgh Triathlon. The marine event is
scheduled to take place from 5:45 a.m. to 8:45 a.m. on August 8, 2015
and August 9, 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 safety zones. The purpose of this proposed safety zone is to
protect the participants of the Pittsburgh Triathlon during the swim
portion of the event from the hazards of other vessels in the water.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a safety zone that
will encompass all waters of the Allegheny River in Pittsburgh,
Pennsylvania. The proposed safety zone regulations would be enforced
from approximately 5:45 a.m. to 8:45 a.m. for approximately 3 hours on
August 8, 2015 and August 9, 2015. As proposed, the safety zone would
be a complete closure on the Allegheny River from mile 0.0 to mile 1.4
from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 2015. All
persons and vessels, except those persons and vessels participating in
the triathlon and those vessels enforcing the areas, would be
prohibited from entering, transiting through, anchoring in, or
remaining within the proposed safety zone area.
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 restrict vessel traffic from
entering, transiting, or anchoring within a portion of the Allegheny
River. The effect of this proposed regulation will not be significant
for several reasons: (1) The amount of time the Allegheny River will be
closed (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 0.0 to mile 1.4
effective from 5:45 a.m. to 8:45
[[Page 37564]]
a.m. on August 8, 2015 and August 9, 2015. This proposed safety zone
will not have a significant economic impact on a substantial number of
small entities because this proposed rule will impede navigational
traffic for a short period of time. Traffic in this area is almost
entirely limited to 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 rulemaking 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 proposed 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 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 rulemaking 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 a temporary safety zone. The safety zone will be
on the Allegheny River mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45 a.m.
on August 8, 2015 and August 9, 2015. This action is necessary to
protect persons and property during the Pittsburgh Triathlon. 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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.T08-0332 is added to subpart F, under the
[[Page 37565]]
undesignated center heading Eighth Coast Guard District, to read as
follows:
Sec. 165.T08-0332 Safety Zone; Allegheny River between mile 0.0 and
1.4; Pittsburgh, PA.
(a) Locations. The following area is a temporary safety zone: All
waters on the Allegheny River mile 0.0 to mile 1.4.
(b) Effective date and time. The safety zone listed in section (a)
is effective from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August
9, 2015.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port (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.
(4) All vessels shall comply with the instructions of the COTP
Pittsburgh and designated personnel. Designated personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
(d) Informational Broadcasts: The Captain of the Port, Pittsburgh
or a designated representative will inform the public through broadcast
notices to mariners (BNM) of the effective period for the safety zone
and of any changes in the effective period, enforcement times, or size
of the safety zones.
Dated: June 10, 2015.
L. N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-16258 Filed 6-30-15; 8:45 am]
BILLING CODE 9110-04-P