81 FR 31563 - Safety Zone; Allegheny River Mile 44.1 to 45.1, Kittanning, Pennsylvania

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 97 (May 19, 2016)

Page Range		31563-31565
FR Document		2016-11822

The Coast Guard proposes to establish a temporary safety zone for all navigable waters of the Allegheny River mile 44.1 to mile 45.1. This action is needed to protect personnel, spectators, participants, and vessels from potential hazards associated with boat races. Access to this safety zone would be limited to those participating in or working with the race sponsors unless specifically authorized by the Captain of the Pittsburgh or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 97 (Thursday, May 19, 2016)

[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Proposed Rules]
[Pages 31563-31565]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11822]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0286]
RIN 1625-AA00


Safety Zone; Allegheny River Mile 44.1 to 45.1, Kittanning, 
Pennsylvania

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for all navigable waters of the Allegheny River mile 44.1 to mile 45.1. 
This action is needed to protect personnel, spectators, participants, 
and vessels from potential hazards associated with boat races. Access 
to this safety zone would be limited to those participating in or 
working with the race sponsors unless specifically authorized by the 
Captain of the Pittsburgh or a designated representative. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0287 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 24, 2016, the Three Rivers Outboard Racing Association 
notified the Coast Guard that it will be conducting boat races from 
9:00 a.m. to 7:00 p.m. daily beginning on August 19, 2016 and through 
August 21, 2016. The boat races are scheduled to take place on the 
Allegheny River from mile 44.1 to 45.1. The purpose of this rulemaking 
is to ensure the safety of vessels, participants, race spectators, and 
those working in the boat racing event. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 9:00 a.m. to 7:00 
p.m. daily beginning on August 19, 2016 and through August 21, 2016. 
The safety zone would cover all navigable waters of the Allegheny River 
from mile 44.1 to mile 45.1. The duration of the zone is intended to 
ensure the safety of vessels, participants, race spectators, and those 
working the boat racing event on navigable waters. Access to this 
safety zone would be limited to those participating in or working with 
the race sponsors. No other vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we

[[Page 31564]]

are proposing appears at the end of this document.

IV. 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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, and duration, of the safety zone and the low traffic nature 
of this area. The safety zone will close a small section of the 
Allegheny River for ten hours a day for three days; however, there is 
little traffic in the area. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow other waterway users to seek permission 
to enter the zone. Requests to transit the safety zone area would be 
considered on a case-by-case basis.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV. A. above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
section. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (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 a safety 
zone lasting less than two hours that would prohibit entry into the 
safety zone. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and 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.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal

[[Page 31565]]

eRulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    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. Add Sec.  165.T08-0286 to read as follows:


Sec.  165.T08-0286  Safety Zone; Allegheny River Mile 44.1 to Mile 
45.1, Kittanning, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Allegheny River mile 44.1 to mile 45.1.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Pittsburgh (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative at 412-221-0807. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 9:00 
a.m. to 7:00 p.m. beginning on August 19, 2016 and through August 21, 
2016.
    (e) Informational Broadcasts. The COTP 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 dates and times of enforcement.

    Dated: April 27, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-11822 Filed 5-18-16; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Proposed Rules 31563

penalties, civil remedies, or (ix) Subsection (e)(4)(G), (H), and (I). representative. We invite your
counterintelligence measures. Access to These subsections are inapplicable to comments on this proposed rulemaking.
the accounting of disclosures could also the extent exemption is claimed from DATES: Comments and related material
interfere with a civil or administrative (d)(1) and (2). must be received by the Coast Guard on
action or investigation which may (x) Subsection (e)(5). It is often or before June 20, 2016.
impede in those actions or impossible to determine in advance if ADDRESSES: You may submit comments
investigations. Access also could reveal investigatory records contained in this identified by docket number USCG–
the identity of confidential sources system are accurate, relevant, timely 2016–0287 using the Federal
incident to Federal employment, and complete, but, in the interests of eRulemaking Portal at http://
military service, contract, and security effective law enforcement, it is www.regulations.gov. See the ‘‘Public
clearance determinations. necessary to retain this information to Participation and Request for
(ii) Subsection (c)(4). This subsection aid in establishing patterns of activity Comments’’ portion of the
is inapplicable to the extent that an and provide investigative leads. SUPPLEMENTARY INFORMATION section for
exemption is being claimed for (xi) Subsection (e)(8). To serve notice
further instructions on submitting
subsection (d). could give persons sufficient warning to
comments.
(iii) Subsection (d)(1). Disclosure of evade investigative efforts.
records in the system could reveal the (xii) Subsection (g). This subsection is FOR FURTHER INFORMATION CONTACT: If
identity of confidential sources and inapplicable to the extent that the you have questions about this proposed
result in an unwarranted invasion of the system is exempt from other specific rulemaking, call or email MST1 Jennifer
privacy of others. Disclosure may also subsections of the Privacy Act. Haggins, Marine Safety Unit Pittsburgh,
reveal information relating to actual or (4) In addition, in the course of U.S. Coast Guard; telephone 412–221–
potential criminal investigations. carrying out analysis for insider threats, 0807, email Jennifer.L.Haggins@
Disclosure of classified national security exempt records from other systems of uscg.mil.
information would cause damage to the records may in turn become part of the SUPPLEMENTARY INFORMATION:
national security of the United States. case records maintained in this system.
To the extent that copies of exempt I. Table of Abbreviations
Disclosure could also interfere with a
civil or administrative action or records from those other systems of CFR Code of Federal Regulations
investigation; reveal the identity of records are maintained into this system, DHS Department of Homeland Security
confidential sources incident to Federal the DoD claims the same exemptions for FR Federal Register
employment, military service, contract, the records from those other systems NPRM Notice of proposed rulemaking
that are entered into this system, as § Section
and security clearance determinations; U.S.C. United States Code
and reveal the confidentiality and claimed for the original primary system
integrity of Federal testing materials and of which they are a part. II. Background, Purpose, and Legal
evaluation materials used for military Dated: May 13, 2016. Basis
promotions when furnished by a Aaron Siegel, On March 24, 2016, the Three Rivers
confidential source. Alternate OSD Federal Register Liaison Outboard Racing Association notified
(iv) Subsection (d)(2). Amendment of Officer, Department of Defense. the Coast Guard that it will be
the records could interfere with ongoing [FR Doc. 2016–11702 Filed 5–18–16; 8:45 am] conducting boat races from 9:00 a.m. to
criminal or civil law enforcement BILLING CODE 5001–06–P 7:00 p.m. daily beginning on August 19,
proceedings and impose an impossible 2016 and through August 21, 2016. The
administrative burden by requiring boat races are scheduled to take place
investigations to be continuously DEPARTMENT OF HOMELAND on the Allegheny River from mile 44.1
reinvestigated. SECURITY to 45.1. The purpose of this rulemaking
(v) Subsections (d)(3) and (4). These is to ensure the safety of vessels,
subsections are inapplicable to the Coast Guard participants, race spectators, and those
extent exemption is claimed from (d)(1) working in the boat racing event. The
and (2). 33 CFR Part 165 Coast Guard proposes this rulemaking
(vi) Subsection (e)(1). It is often under authority in 33 U.S.C. 1231.
[Docket Number USCG–2016–0286]
impossible to determine in advance if
investigatory records contained in this RIN 1625–AA00 III. Discussion of Proposed Rule
system are accurate, relevant, timely The COTP proposes to establish a
and complete, but, in the interests of Safety Zone; Allegheny River Mile 44.1 safety zone from 9:00 a.m. to 7:00 p.m.
effective law enforcement and to 45.1, Kittanning, Pennsylvania daily beginning on August 19, 2016 and
counterintelligence, it is necessary to AGENCY: Coast Guard, DHS. through August 21, 2016. The safety
retain this information to aid in ACTION: Notice of proposed rulemaking. zone would cover all navigable waters
establishing patterns of activity and of the Allegheny River from mile 44.1 to
provide investigative leads. SUMMARY: The Coast Guard proposes to mile 45.1. The duration of the zone is
(vii) Subsection (e)(2). To collect establish a temporary safety zone for all intended to ensure the safety of vessels,
information from the subject individual navigable waters of the Allegheny River participants, race spectators, and those
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

could serve notice that he or she is the mile 44.1 to mile 45.1. This action is working the boat racing event on
subject of a criminal investigation and needed to protect personnel, spectators, navigable waters. Access to this safety
thereby present a serious impediment to participants, and vessels from potential zone would be limited to those
such investigations. hazards associated with boat races. participating in or working with the race
(viii) Subsection (e)(3). To inform Access to this safety zone would be sponsors. No other vessel or person
individuals as required by this limited to those participating in or would be permitted to enter the safety
subsection could reveal the existence of working with the race sponsors unless zone without obtaining permission from
a criminal investigation and specifically authorized by the Captain of the COTP or a designated
compromise investigative efforts. the Pittsburgh or a designated representative. The regulatory text we

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Document Created: 2018-02-07 15:01:22
Document Modified: 2018-02-07 15:01:22

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before June 20, 2016.
Contact		If you have questions about this proposed rulemaking, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation		81 FR 31563
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 31563 - Safety Zone; Allegheny River Mile 44.1 to 45.1, Kittanning, Pennsylvania

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 97 (May 19, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard