[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30866-30869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14132]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0611]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 32.0 to 36.0, Gallatin, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Monongahela River from mile marker 32.0 to
mile marker 36.0. The safety zone is necessary to protect persons,
vessels, and the marine environment from potential hazards created by
pipeline removal work. Entry of vessels or persons into this zone is
prohibited
[[Page 30867]]
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh or a designated representative.
DATES: This rule is effective without actual notice from July 2, 2018
through 6 p.m. on July 11, 2018. For the purposes of enforcement,
actual notice will be used from 6 a.m. on June 27, 2018, through July
2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0611 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On June 20, 2018, River Salvage notified the Coast Guard that it
would be conducting several days of pipeline removal work over the next
several weeks in the vicinity of mile marker 34 of the Monongahela
River in Gallatin, PA. The Coast Guard is issuing this temporary 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)(3)(B), the
Coast Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. We must establish this safety zone by June 27, 2018 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with the pipeline removal work.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with pipeline removal work
from June 27, 2018 through July 11, 2018, will be a safety concern for
anyone on a four-mile stretch of the Monongahela River. This rule is
necessary to protect persons, vessels, and the marine environment in
the navigable waters within the safety zone while the pipeline is
removed.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 a.m. on June
27, 2018 through 6 p.m. on July 11, 2018. The safety zone will cover
all navigable waters of the Monongahela River from mile marker 32.0 to
mile marker 36.0. The Coast Guard was informed that the pipeline
removal work would take place from 6 a.m. through 6 p.m. on each of
approximately three consecutive days during the effective period. The
periods of enforcement will be 30 minutes prior to, during, and 1 hour
after any pipeline removal work. A safety vessel will coordinate all
vessel traffic during the enforcement periods. The COTP or a designated
representative will inform the public through Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), and/or Marine Safety
Information Bulletins (MSIBs), or through other means of public notice,
as appropriate, at least 3 hours in advance of the enforcement periods.
The duration of the zone is intended to protect persons, vessels, and
the marine environment in these navigable waters during pipeline work.
No vessel or person will be permitted to enter the temporary safety
zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to Marine Safety Unit
Pittsburgh, U.S. Coast Guard. Vessels requiring entry into this safety
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or 67. All
persons and vessels permitted to enter this safety zone must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the designated representative. The COTP or a designated
representative will inform the public of the enforcement times and
dates for this safety zone through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This temporary
safety zone covers a four-mile stretch of the Monongahela River for
twelve hours on approximately three days. Vessel traffic will be able
to safely navigate through the affected area before and after the
pipeline work, and a safety vessel will coordinate vessel traffic.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule allows vessels to
seek permission to enter the zone.
B. 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.
While some owners or operators of vessels intending to transit the
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temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (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 involves
a temporary safety zone that covers a four-mile stretch of the
Monongahela River for twelve hours on approximately three days. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. 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.
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.
0
2. Add Sec. 165.T08-0611 to read as follows:
Sec. 165.T08-0611 Safety Zone; Monongahela River mile 32.0 to 36.0,
Gallatin, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile marker 32.0 to mile marker
36.0.
(b) Effective period. This section is effective without actual
notice from July 2, 2018 through 6 p.m. on July 11, 2018. For the
purposes of enforcement, actual notice will be used from 6 a.m. on June
27, 2018 through July 2, 2018.
(c) Enforcement period. The Coast Guard was informed that the
pipeline removal work would take place from 6 a.m. through 6 p.m. on
each of approximately three consecutive days during the effective
period. The periods of enforcement will be 30 minutes prior to, during,
and 1 hour after any pipeline removal work. A safety vessel will
coordinate all vessel traffic during the enforcement periods. The COTP
or a designated representative will inform the public through Broadcast
Notice to Mariners (BNM), Local Notices to Mariners (LNM), and/or
Marine Safety Information Bulletins (MSIBs), or through other means of
public notice, as appropriate, at least 3 hours in advance of the
enforcement periods.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to Marine Safety Unit Pittsburgh, U.S. Coast
Guard.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) All persons and vessels permitted to enter this safety zone
must transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and dates for this
safety zone through Broadcast Notices to Mariners
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(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.
Dated: June 26, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-14132 Filed 6-29-18; 8:45 am]
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