80_FR_27191 80 FR 27100 - Safety Zone; Monongahela River Mile 68.0-68.8; Rices Landing, PA

80 FR 27100 - Safety Zone; Monongahela River Mile 68.0-68.8; Rices Landing, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 91 (May 12, 2015)

Page Range27100-27102
FR Document2015-11442

The Coast Guard is establishing a temporary safety zone on the Monongahela River mile 68.0 to mile 68.8. This safety zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the Rices Landing Riverfest Fireworks Display. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative.

Federal Register, Volume 80 Issue 91 (Tuesday, May 12, 2015)
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Rules and Regulations]
[Pages 27100-27102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11442]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0284]
RIN 1625-AA00


Safety Zone; Monongahela River Mile 68.0-68.8; Rices Landing, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Monongahela River mile 68.0 to mile 68.8. This safety zone is needed to 
protect vessels transiting the area and event spectators from the 
hazards associated with the Rices Landing Riverfest Fireworks Display. 
Entry into this zone is prohibited unless specifically authorized by 
the Captain of the Port Pittsburgh or a designated representative.

DATES: This rule is effective from 9:15 p.m. until 10:30 p.m. on June 
12, 2015 and June 13, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0284. 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 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 Jennifer Haggins, 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

    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. The Coast Guard received 
notice on April 7, 2015 that this display would take place. After full 
review of the event information and location, the Coast Guard 
determined that a safety zone is necessary. 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 near and over the waterway. The fireworks display 
has been advertised and the local community has prepared for the event. 
Completing the full NPRM process could also unnecessarily delay the 
planned event and possibly interfere with contractual obligations.
    For the same reasons, 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 
by providing a full 30 days notice would be contrary to public interest 
because immediate action is needed to protect persons and property in 
the area during the land-based fireworks display.

B. Basis and Purpose

    On June 12, 2015 and June 13, 2015, as a part of the Rices Landing 
Riverfest Fireworks Display, the Rices Landing Volunteer Fire 
Department will sponsor a land-based fireworks display. The display 
will take place in the vicinity of Old Lock 6 on the Monongahela River 
at mile 68.3. This event presents safety

[[Page 27101]]

hazards for spectators and vessels navigating in the area, and 
therefore a safety zone is needed to protect persons and property from 
the hazards associated with a fireworks display near and over the 
waterway.
    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 Comments, Changes and the Final Rule

    The Coast Guard is establishing a safety zone for all waters of the 
Monongahela River, from mile 68.0 to mile 68.8, extending the entire 
width of the river. Entry into this zone is prohibited to all vessels 
and persons except persons and vessels specifically authorized by the 
Captain of the Port Pittsburgh. This rule is effective on June 12, 2015 
and June 13, 2015 and will be enforced from 9:15 p.m. until 10:30 p.m.

D. 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 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. Notifications to the 
marine community will be made through local notice to mariners and 
broadcast notice to mariners. Deviation from the rule may be requested 
and will be considered on a case-by-case basis by the Captain of the 
Port or a designated representative. 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 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 the Monongahela River, mile 68.0 to 68.8 from 9:15 p.m. until 
10:30 p.m. on June 12, 2015 and June 13, 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 and will be in effect 
for a limited time period notifications to the marine community will be 
made through local notice to mariners and broadcast notice to mariners. 
Deviation from the rule may be requested and will be considered on a 
case-by-case basis by the Captain of the Port 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 an 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

[[Page 27102]]

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.

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 safety zone for waters of the 
Monongahela River, from mile 68.0 to 68.8. 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. Temporary Sec.  165.T08-0284 is added to read as follows:


Sec.  165.T08-0284  Safety Zone, Monongahela River, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All waters of 
the Monongahela River, mile 68.0 to 68.8, extending the entire width of 
the waterway.
    (b) Effective date. This rule is effective, and will be enforced, 
from 9:15 p.m. until 10:30 p.m. on June 12, 2015 and June 13, 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 Captain of the Port Pittsburgh or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Pittsburgh or 
a designated representative. The Captain of the Pittsburgh 
representative may be contacted at 412-221-0807.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Pittsburgh or their designated representative. 
Designated Captain of the Port representatives include United States 
Coast Guard commissioned, warrant, and petty officers.
    (d) Information broadcasts. The Captain of the Port 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. 2015-11442 Filed 5-11-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                27100               Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules and Regulations

                                                Monday through Friday, except Federal                      In accordance with 33 CFR 117.35(e),               questions on viewing or submitting
                                                holidays.                                               the drawbridge must return to its regular             material to the docket, call Cheryl F.
                                                FOR FURTHER INFORMATION CONTACT: If                     operating schedule immediately at the                 Collins, Program Manager, Docket
                                                you have questions on this temporary                    end of the designated time period. This               Operations, telephone (202) 366–9826.
                                                deviation, call or email Mr. Steven                     deviation from the operating regulations              SUPPLEMENTARY INFORMATION:
                                                Fischer, Bridge Administrator,                          is authorized under 33 CFR 117.35.
                                                                                                                                                              Table of Acronyms
                                                Thirteenth Coast Guard District;                          Dated: May 4, 2015.
                                                telephone 206–220–7282, email d13-pf-                                                                         DHS Department of Homeland Security
                                                                                                        Steven M. Fischer,
                                                d13bridges@uscg.mil. If you have                                                                              FR Federal Register
                                                                                                        Bridge Administrator, Thirteenth Coast Guard          NPRM Notice of Proposed Rulemaking
                                                questions on viewing the docket, call                   District.
                                                Cheryl Collins, Program Manager,                        [FR Doc. 2015–11349 Filed 5–11–15; 8:45 am]           A. Regulatory History and Information
                                                Docket Operations, telephone 202–366–                                                                            The Coast Guard is issuing this
                                                                                                        BILLING CODE 9110–04–P
                                                9826.                                                                                                         temporary final rule without prior
                                                SUPPLEMENTARY INFORMATION: TriMet                                                                             notice and opportunity to comment
                                                Public Transit has requested that the                   DEPARTMENT OF HOMELAND                                pursuant to authority under section 4(a)
                                                upper deck of the Steel Bridge remain                   SECURITY                                              of the Administrative Procedure Act
                                                closed-to-navigation to accommodate                                                                           (APA) (5 U.S.C. 553(b)). This provision
                                                the annual Starlight Parade event. The                  Coast Guard                                           authorizes an agency to issue a rule
                                                Steel Bridge crosses the Willamette                                                                           without prior notice and opportunity to
                                                River at mile 12.1 and is a double-deck                 33 CFR Part 165                                       comment when the agency for good
                                                lift bridge with a lower lift deck and an               [Docket No. USCG–2015–0284]                           cause finds that those procedures are
                                                upper lift deck which operate                                                                                 ‘‘impracticable, unnecessary, or contrary
                                                independent of each other. When both                    RIN 1625–AA00                                         to the public interest.’’ Under 5 U.S.C.
                                                decks are in the down position the                                                                            553(b)(B), the Coast Guard finds that
                                                bridge provides 26 feet of vertical                     Safety Zone; Monongahela River Mile
                                                                                                        68.0–68.8; Rices Landing, PA                          good cause exists for not using the
                                                clearance above Columbia River Datum                                                                          NPRM process. The Coast Guard
                                                0.0. When the lower deck is in the up                   AGENCY:    Coast Guard, DHS.                          received notice on April 7, 2015 that
                                                position the bridge provides 71 feet of                 ACTION:   Temporary final rule.                       this display would take place. After full
                                                vertical clearance above Columbia River                                                                       review of the event information and
                                                Datum 0.0. This deviation does not                      SUMMARY:   The Coast Guard is                         location, the Coast Guard determined
                                                affect the operating schedule of the                    establishing a temporary safety zone on               that a safety zone is necessary. Delaying
                                                lower deck which opens on signal.                       the Monongahela River mile 68.0 to                    this rule by completing the full NPRM
                                                Under normal conditions the upper                       mile 68.8. This safety zone is needed to              process would unnecessarily delay the
                                                deck of the Steel Bridge operates in                    protect vessels transiting the area and               safety zone and be contrary to public
                                                accordance with 33 CFR                                  event spectators from the hazards                     interest because the safety zone is
                                                117.897(c)(3)(ii) which states that from                associated with the Rices Landing                     needed to protect transiting vessels,
                                                8 a.m. to 5 p.m. Monday through Friday                  Riverfest Fireworks Display. Entry into               spectators, and the personnel involved
                                                one hour advance notice shall be given                  this zone is prohibited unless                        in the display from the hazards
                                                for draw openings, and at all other times               specifically authorized by the Captain of             associated with fireworks displays
                                                two hours advance notice shall be given                 the Port Pittsburgh or a designated                   taking place near and over the
                                                to obtain an opening. This deviation                    representative.                                       waterway. The fireworks display has
                                                period is from 7 p.m. to 11:30 p.m. on                                                                        been advertised and the local
                                                                                                        DATES:  This rule is effective from 9:15
                                                May 30, 2015. The deviation allows the                                                                        community has prepared for the event.
                                                                                                        p.m. until 10:30 p.m. on June 12, 2015
                                                upper deck of the Steel Bridge across                                                                         Completing the full NPRM process
                                                                                                        and June 13, 2015.
                                                the Willamette River, mile 12.1, to                                                                           could also unnecessarily delay the
                                                remain in the closed-to-navigation                      ADDRESSES: Documents mentioned in
                                                                                                                                                              planned event and possibly interfere
                                                position and need not open for maritime                 this preamble are part of docket USCG–
                                                                                                                                                              with contractual obligations.
                                                traffic from 7 p.m. to 11:30 p.m. on May                2015–0284. To view documents                             For the same reasons, under 5 U.S.C.
                                                30, 2015. During the deviation period,                  mentioned in this preamble as being                   553(d)(3), the Coast Guard finds that
                                                the bridge will remained closed to                      available in the docket, go to http://                good cause exists for making this rule
                                                accommodate the route of the annual                     www.regulations.gov, type the docket                  effective less than 30 days after
                                                Starlight Parade event.                                 number in the ‘‘SEARCH’’ box and click                publication in the Federal Register.
                                                   Waterway usage on this part of the                   ‘‘SEARCH.’’ Click on Open Docket                      Delaying this rule by providing a full 30
                                                Willamette River includes vessels                       Folder on the line associated with this               days notice would be contrary to public
                                                ranging from commercial tug and barge                   rulemaking. You may also visit the                    interest because immediate action is
                                                to small pleasure craft. Vessels able to                Docket Management Facility in Room                    needed to protect persons and property
                                                pass through the bridge in the closed                   W12–140 on the ground floor of the                    in the area during the land-based
                                                positions may do so at anytime. The                     Department of Transportation West                     fireworks display.
                                                bridge will be able to open for                         Building, 1200 New Jersey Avenue SE.,
                                                emergencies and there is no immediate                   Washington, DC 20590, between 9 a.m.                  B. Basis and Purpose
                                                alternate route for vessels to pass. The                and 5 p.m., Monday through Friday,                       On June 12, 2015 and June 13, 2015,
mstockstill on DSK4VPTVN1PROD with RULES




                                                Coast Guard will also inform the users                  except Federal holidays.                              as a part of the Rices Landing Riverfest
                                                of the waterways through our Local and                  FOR FURTHER INFORMATION CONTACT: If                   Fireworks Display, the Rices Landing
                                                Broadcast Notices to Mariners of the                    you have questions on this rule, call or              Volunteer Fire Department will sponsor
                                                change in operating schedule for the                    email Jennifer Haggins, Marine Safety                 a land-based fireworks display. The
                                                bridge so that vessels can arrange their                Unit Pittsburgh, U.S. Coast Guard, at                 display will take place in the vicinity of
                                                transits to minimize any impact caused                  telephone 412–221–0807, email                         Old Lock 6 on the Monongahela River
                                                by the temporary deviation.                             Jennifer.L.Haggins@uscg.mil. If you have              at mile 68.3. This event presents safety


                                           VerDate Sep<11>2014   16:43 May 11, 2015   Jkt 235001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\12MYR1.SGM   12MYR1


                                                                    Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules and Regulations                                          27101

                                                hazards for spectators and vessels                      potential impact of regulations on small              between the national government and
                                                navigating in the area, and therefore a                 entities during rulemaking.                           the States, or on the distribution of
                                                safety zone is needed to protect persons                   The Coast Guard certifies under 5                  power and responsibilities among the
                                                and property from the hazards                           U.S.C. 605(b) that this rule will not have            various levels of government. We have
                                                associated with a fireworks display near                a significant economic impact on a                    analyzed this rule under that Order and
                                                and over the waterway.                                  substantial number of small entities.                 determined that this rule does not have
                                                  The legal basis and authorities for this              This rule will affect the following                   implications for federalism.
                                                rule are found in 33 U.S.C. 1231; 50                    entities, some of which may be small
                                                U.S.C. 191; 33 CFR 1.05–1; 6.04–1,                      entities: The owners or operators of                  6. Protest Activities
                                                6.04–6, and 160.5; Department of                        vessels intending to transit the                        The Coast Guard respects the First
                                                Homeland Security Delegation No.                        Monongahela River, mile 68.0 to 68.8                  Amendment rights of protesters.
                                                0170.1, which collectively authorize the                from 9:15 p.m. until 10:30 p.m. on June               Protesters are asked to contact the
                                                Coast Guard to establish and define                     12, 2015 and June 13, 2015. This safety               person listed in the FOR FURTHER
                                                regulatory safety zones.                                zone will not have a significant                      INFORMATION CONTACT, section to
                                                                                                        economic impact on a substantial                      coordinate protest activities so that your
                                                C. Discussion of Comments, Changes                                                                            message can be received without
                                                                                                        number of small entities because this
                                                and the Final Rule                                                                                            jeopardizing the safety or security of
                                                                                                        rule is limited in scope and will be in
                                                  The Coast Guard is establishing a                     effect for a limited time period                      people, places or vessels.
                                                safety zone for all waters of the                       notifications to the marine community
                                                Monongahela River, from mile 68.0 to                                                                          7. Unfunded Mandates Reform Act
                                                                                                        will be made through local notice to
                                                mile 68.8, extending the entire width of                mariners and broadcast notice to                        The Unfunded Mandates Reform Act
                                                the river. Entry into this zone is                      mariners. Deviation from the rule may                 of 1995 (2 U.S.C. 1531–1538) requires
                                                prohibited to all vessels and persons                   be requested and will be considered on                Federal agencies to assess the effects of
                                                except persons and vessels specifically                 a case-by-case basis by the Captain of                their discretionary regulatory actions. In
                                                authorized by the Captain of the Port                   the Port or a designated representative.              particular, the Act addresses actions
                                                Pittsburgh. This rule is effective on June                                                                    that may result in the expenditure by a
                                                12, 2015 and June 13, 2015 and will be                  3. Assistance for Small Entities                      State, local, or tribal government, in the
                                                enforced from 9:15 p.m. until 10:30 p.m.                   Under section 213(a) of the Small                  aggregate, or by the private sector of
                                                                                                        Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                                D. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                                  We developed this rule after                          we want to assist small entities in                   will not result in such an expenditure,
                                                considering numerous statutes and                       understanding this rule. If the rule                  we do discuss the effects of this rule
                                                executive orders related to rulemaking.                 would affect your small business,                     elsewhere in this preamble.
                                                Below we summarize our analyses                         organization, or governmental
                                                based on a number of these statutes or                                                                        8. Taking of Private Property
                                                                                                        jurisdiction and you have questions
                                                executive orders.                                       concerning its provisions or options for                This rule will not cause a taking of
                                                                                                        compliance, please contact the person                 private property or otherwise have
                                                1. Regulatory Planning and Review
                                                                                                        listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                                   This rule is not a significant                       CONTACT, above.                                       Order 12630, Governmental Actions and
                                                regulatory action under section 3(f) of                    Small businesses may send comments                 Interference with Constitutionally
                                                Executive Order 12866, Regulatory                       on the actions of Federal employees                   Protected Property Rights.
                                                Planning and Review, as supplemented                    who enforce, or otherwise determine
                                                by Executive Order 13563, Improving                                                                           9. Civil Justice Reform
                                                                                                        compliance with, Federal regulations to
                                                Regulation and Regulatory Review, and                   the Small Business and Agriculture                      This rule meets applicable standards
                                                does not require an assessment of                       Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                                potential costs and benefits under                      and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                                section 6(a)(3) of Executive Order 12866                Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                                or under section 1 of Executive Order                   Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                                13563. The Office of Management and                     annually and rates each agency’s
                                                Budget has not reviewed it under those                                                                        10. Protection of Children
                                                                                                        responsiveness to small business. If you
                                                Orders. It is not ‘‘significant’’ under the             wish to comment on actions by                           We have analyzed this rule under
                                                regulatory policies and procedures of                   employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of
                                                the Department of Homeland Security                     888–REG–FAIR (1–888–734–3247). The                    Children from Environmental Health
                                                (DHS). This rule is limited in scope and                Coast Guard will not retaliate against                Risks and Safety Risks. This rule is not
                                                will be in effect for a limited time                    small entities that question or complain              an economically significant rule and
                                                period. Notifications to the marine                     about this rule or any policy or action               does not create an environmental risk to
                                                community will be made through local                    of the Coast Guard.                                   health or risk to safety that may
                                                notice to mariners and broadcast notice                                                                       disproportionately affect children.
                                                to mariners. Deviation from the rule                    4. Collection of Information
                                                                                                                                                              11. Indian Tribal Governments
                                                may be requested and will be                               This rule will not call for a new
                                                considered on a case-by-case basis by                   collection of information under the                      This rule does not have tribal
                                                the Captain of the Port or a designated                 Paperwork Reduction Act of 1995 (44                   implications under Executive Order
mstockstill on DSK4VPTVN1PROD with RULES




                                                representative. The impacts on routine                  U.S.C. 3501–3520).                                    13175, Consultation and Coordination
                                                navigation are expected to be minimal.                                                                        with Indian Tribal Governments,
                                                                                                        5. Federalism                                         because it does not have a substantial
                                                2. Impact on Small Entities                                A rule has implications for federalism             direct effect on one or more Indian
                                                   The Regulatory Flexibility Act of                    under Executive Order 13132,                          tribes, on the relationship between the
                                                1980, 5 U.S.C. 601–612, as amended,                     Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                                requires federal agencies to consider the               effect on the States, on the relationship             or on the distribution of power and


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                                                27102               Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules and Regulations

                                                responsibilities between the Federal                    § 165.T08–0284 Safety Zone, Monongahela               from Washington demonstrating that the
                                                Government and Indian tribes.                           River, Pittsburgh, PA.                                SIP meets the infrastructure
                                                                                                          (a) Location. The following area is a               requirements of the Clean Air Act (CAA)
                                                12. Energy Effects
                                                                                                        safety zone: All waters of the                        for the National Ambient Air Quality
                                                  This action is not a ‘‘significant                    Monongahela River, mile 68.0 to 68.8,                 Standards (NAAQS) promulgated for
                                                energy action’’ under Executive Order                   extending the entire width of the                     fine particulate matter (PM2.5) on July
                                                13211, Actions Concerning Regulations                   waterway.                                             18, 1997, October 17, 2006, and
                                                That Significantly Affect Energy Supply,                   (b) Effective date. This rule is                   December 14, 2012 (collectively, the
                                                Distribution, or Use.                                   effective, and will be enforced, from                 PM2.5 NAAQS). The CAA requires that
                                                                                                        9:15 p.m. until 10:30 p.m. on June 12,                each state, after a new or revised
                                                13. Technical Standards
                                                                                                        2015 and June 13, 2015.                               NAAQS is promulgated, review its SIP
                                                  This rule does not use technical                         (c) Regulations. (1) In accordance with            to ensure that it meets the infrastructure
                                                standards. Therefore, we did not                        the general regulations in § 165.23 of                requirements necessary to implement
                                                consider the use of voluntary consensus                 this part, entry into this zone is                    the new or revised NAAQS. On
                                                standards.                                              prohibited unless authorized by the                   September 22, 2014, Washington made
                                                                                                        Captain of the Port Pittsburgh or a                   a SIP submission to establish that the
                                                14. Environment
                                                                                                        designated representative.                            Washington SIP meets the infrastructure
                                                   We have analyzed this rule under                        (2) Persons or vessels requiring entry             requirements of the CAA for the PM2.5
                                                Department of Homeland Security                         into or passage through the zone must                 NAAQS, except for certain elements
                                                Management Directive 023–01 and                         request permission from the Captain of                related to the Prevention of Significant
                                                Commandant Instruction M16475.lD,                       the Port Pittsburgh or a designated                   Deterioration (PSD) permitting program
                                                which guide the Coast Guard in                          representative. The Captain of the                    currently addressed under a Federal
                                                complying with the National                             Pittsburgh representative may be                      Implementation Plan (FIP), certain
                                                Environmental Policy Act of 1969                        contacted at 412–221–0807.                            elements of the regional haze program
                                                (NEPA) (42 U.S.C. 4321–4370f), and                         (3) All persons and vessels shall                  currently addressed under a FIP, and
                                                have determined that this action is one                 comply with the instructions of the                   specific requirements related to
                                                of a category of actions that do not                    Captain of the Port Pittsburgh or their               interstate transport which the State will
                                                individually or cumulatively have a                     designated representative. Designated                 address in a separate submittal. The
                                                significant effect on the human                         Captain of the Port representatives                   EPA has determined that Washington’s
                                                environment. This rule establishes a                    include United States Coast Guard                     SIP is adequate for purposes of the
                                                safety zone for waters of the                           commissioned, warrant, and petty                      infrastructure SIP requirements of the
                                                Monongahela River, from mile 68.0 to                    officers.                                             CAA for the PM2.5 NAAQS, with the
                                                68.8. This rule is categorically excluded                  (d) Information broadcasts. The                    exceptions noted above. The SIP
                                                from further review under paragraph                     Captain of the Port Pittsburgh or a                   deficiencies related to PSD permitting
                                                34(g) of figure 2–1 of the Commandant                   designated representative will inform                 and regional haze, however, have
                                                Instruction an environmental analysis                   the public through broadcast notices to               already been adequately addressed by
                                                checklist supporting this determination                 mariners of the enforcement period for                the existing EPA FIPs and, therefore, no
                                                and a Categorical Exclusion                             the safety zone as well as any changes                further action is required by Washington
                                                Determination are available in the                      in the planned schedule.                              or the EPA for those elements. The EPA
                                                docket where indicated under                                                                                  will address the remaining interstate
                                                                                                          Dated: April 27, 2015.
                                                ADDRESSES. We seek any comments or                                                                            transport requirements in a separate
                                                information that may lead to the                        L.N. Weaver,                                          action.
                                                discovery of a significant environmental                Commander, U.S. Coast Guard, Captain of
                                                                                                        the Port Pittsburgh.                                  DATES: This final rule is effective June
                                                impact from this rule.                                                                                        11, 2015.
                                                                                                        [FR Doc. 2015–11442 Filed 5–11–15; 8:45 am]
                                                List of Subjects in 33 CFR Part 165                                                                           ADDRESSES: The EPA has established a
                                                                                                        BILLING CODE 9110–04–P
                                                                                                                                                              docket for this action under Docket ID
                                                  Harbors, Marine safety, Navigation
                                                                                                                                                              No. EPA–R10–OAR–2014–0744. All
                                                (water), Reporting and recordkeeping
                                                                                                                                                              documents in the docket are listed on
                                                requirements, Security measures,                        ENVIRONMENTAL PROTECTION
                                                                                                                                                              the www.regulations.gov Web site.
                                                Waterways.                                              AGENCY
                                                                                                                                                              Although listed in the index, some
                                                  For the reasons discussed in the                                                                            information is not publicly available,
                                                preamble, the Coast Guard amends 33                     40 CFR Part 52
                                                                                                                                                              e.g., Confidential Business Information
                                                CFR part 165 as follows:                                [EPA–R10–OAR–2014–0744; FRL–9927–45–                  (CBI) or other information the disclosure
                                                                                                        Region 10]                                            of which is restricted by statute. Certain
                                                PART 165—REGULATED NAVIGATION                                                                                 other material, such as copyrighted
                                                AREAS AND LIMITED ACCESS AREAS                          Approval and Promulgation of
                                                                                                                                                              material, is not placed on the Internet
                                                                                                        Implementation Plans; Washington:
                                                ■ 1. The authority citation for part 165                                                                      and will be publicly available only in
                                                                                                        Infrastructure Requirements for the
                                                continues to read as follows:                                                                                 hard copy form. Publicly available
                                                                                                        Fine Particulate Matter National
                                                                                                                                                              docket materials are available either
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Ambient Air Quality Standards
                                                                                                                                                              electronically through
                                                33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
                                                                                                        AGENCY:  Environmental Protection                     www.regulations.gov or in hard copy at
mstockstill on DSK4VPTVN1PROD with RULES




                                                Department of Homeland Security Delegation
                                                No. 0170.1.                                             Agency (EPA).                                         the Air Programs Unit, Office of Air
                                                                                                        ACTION: Final rule.                                   Waste and Toxics, EPA Region 10, 1200
                                                PART 165—REGULATED NAVIGATION                                                                                 Sixth Avenue, Seattle, WA 98101. The
                                                AREAS AND LIMITED ACCESS AREAS                          SUMMARY:   The Environmental Protection               EPA requests that if at all possible, you
                                                                                                        Agency (EPA) is partially approving and               contact the individual listed in the FOR
                                                ■ 2. Temporary § 165.T08–0284 is                        partially disapproving the State                      FURTHER INFORMATION CONTACT section to
                                                added to read as follows:                               Implementation Plan (SIP) submittal                   view the hard copy of the docket. You


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Document Created: 2015-12-16 07:55:45
Document Modified: 2015-12-16 07:55:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9:15 p.m. until 10:30 p.m. on June 12, 2015 and June 13, 2015.
ContactIf you have questions on this rule, call or email Jennifer Haggins, 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.
FR Citation80 FR 27100 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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