83_FR_30993 83 FR 30866 - Safety Zone; Monongahela River Mile 32.0 to 36.0, Gallatin, PA

83 FR 30866 - Safety Zone; Monongahela River Mile 32.0 to 36.0, Gallatin, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range30866-30869
FR Document2018-14132

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 unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30866-30869]
From the Federal Register Online  [www.thefederalregister.org]
[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

[[Page 30868]]

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

[[Page 30869]]

(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]
 BILLING CODE 9110-04-P



                                             30866                Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

                                             zone may be small entities, for the                     federalism or Indian tribes, please                    PART 165—REGULATED NAVIGATION
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                   AREAS AND LIMITED ACCESS AREAS
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                             economic impact on any vessel owner                     above.                                                 ■ 1. The authority citation for part 165
                                             or operator.                                                                                                   continues to read as follows
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Business Regulatory Enforcement                                                                                33 CFR 1.05–1, 6.04–1, and 160.5;
                                             Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act
                                                                                                                                                            Department of Homeland Security Delegation
                                             we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                  No. 0170.1.
                                             understanding this rule. If the rule                    Federal agencies to assess the effects of
                                                                                                     their discretionary regulatory actions. In             ■ 2. Add § 165.T13–0633 to read as
                                             would affect your small business,                                                                              follows:
                                             organization, or governmental                           particular, the Act addresses actions
                                             jurisdiction and you have questions                     that may result in the expenditure by a                § 165.T13–0633 Safety Zone; Columbia
                                             concerning its provisions or options for                State, local, or tribal government, in the             River, Kennewick, WA.
                                             compliance, please contact the person                   aggregate, or by the private sector of                   (a) Safety zone. The following area is
                                             listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or               designated a safety zone: Waters of the
                                             CONTACT section.                                        more in any one year. Though this rule                 Columbia River, within a 450-yard
                                                Small businesses may send comments                   will not result in such an expenditure,                radius of the fireworks launch site
                                             on the actions of Federal employees                     we do discuss the effects of this rule                 located at 46°13′22″ N, 119°08′30″ W in
                                             who enforce, or otherwise determine                     elsewhere in this preamble.                            vicinity of Columbia Park in
                                             compliance with, Federal regulations to                                                                        Kennewick, WA.
                                             the Small Business and Agriculture                      F. Environment                                           (b) Regulations. In accordance with
                                             Regulatory Enforcement Ombudsman                                                                               § 165.23, no person may enter or remain
                                                                                                        We have analyzed this rule under
                                             and the Regional Small Business                                                                                in this safety zone unless authorized by
                                             Regulatory Fairness Boards. The                         Department of Homeland Security
                                                                                                     Directive 023–01 and Commandant                        the Captain of the Port Columbia River
                                             Ombudsman evaluates these actions                                                                              or his designated representative. Also in
                                             annually and rates each agency’s                        Instruction M16475.1D, which guide the
                                                                                                                                                            accordance with § 165.23, no person
                                             responsiveness to small business. If you                Coast Guard in complying with the
                                                                                                                                                            may bring into, or allow to remain in
                                             wish to comment on actions by                           National Environmental Policy Act of
                                                                                                                                                            this safety zone any vehicle, vessel, or
                                             employees of the Coast Guard, call 1–                   1969 (42 U.S.C. 4321–4370f), and have                  object unless authorized by the Captain
                                             888–REG–FAIR (1–888–734–3247). The                      determined that this action is one of a                of the Port Columbia River or his
                                             Coast Guard will not retaliate against                  category of actions that do not                        designated representative.
                                             small entities that question or complain                individually or cumulatively have a                      (c) Enforcement period. This section
                                             about this rule or any policy or action                 significant effect on the human                        will be enforced from 9 p.m. to 11:30
                                             of the Coast Guard.                                     environment. This rule involves a safety               p.m. on July 4, 2018.
                                                                                                     zone lasting approximately two and a
                                             C. Collection of Information                                                                                      Dated: June 25, 2018.
                                                                                                     half hours that will prohibit entry
                                               This rule will not call for a new                                                                            D.F. Berliner,
                                                                                                     within 450 yards of a fireworks launch
                                             collection of information under the                                                                            Captain, U.S. Coast Guard, Acting Captain
                                                                                                     site. It is categorically excluded from                of the Port, Sector Columbia River.
                                             Paperwork Reduction Act of 1995 (44                     further review under paragraph L60(a)
                                             U.S.C. 3501–3520).                                      of Appendix A, Table 1 of DHS
                                                                                                                                                            [FR Doc. 2018–14139 Filed 6–29–18; 8:45 am]
                                                                                                                                                            BILLING CODE 9110–04–P
                                             D. Federalism and Indian Tribal                         Instruction Manual 023–01–001–01,
                                             Governments                                             Rev. 01. A Record of Environmental
                                                A rule has implications for federalism               Consideration supporting this                          DEPARTMENT OF HOMELAND
                                             under Executive Order 13132,                            determination is available in the docket               SECURITY
                                             Federalism, if it has a substantial direct              where indicated under ADDRESSES.
                                             effect on the States, on the relationship                                                                      Coast Guard
                                                                                                     G. Protest Activities
                                             between the national government and
                                             the States, or on the distribution of                     The Coast Guard respects the First                   33 CFR Part 165
                                             power and responsibilities among the                    Amendment rights of protesters.                        [Docket Number USCG–2018–0611]
                                             various levels of government. We have                   Protesters are asked to contact the
                                             analyzed this rule under that Order and                                                                        RIN 1625–AA00
                                                                                                     person listed in the FOR FURTHER
                                             have determined that it is consistent                   INFORMATION CONTACT section to                         Safety Zone; Monongahela River Mile
                                             with the fundamental federalism                         coordinate protest activities so that your             32.0 to 36.0, Gallatin, PA
                                             principles and preemption requirements                  message can be received without
                                             described in Executive Order 13132.                     jeopardizing the safety or security of                 AGENCY:    Coast Guard, DHS.
                                                Also, this rule does not have tribal                                                                        ACTION:   Temporary final rule.
                                                                                                     people, places or vessels.
                                             implications under Executive Order
                                             13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165                    SUMMARY:   The Coast Guard is
                                             with Indian Tribal Governments,                                                                                establishing a temporary safety zone for
                                             because it does not have a substantial                    Harbors, Marine safety, Navigation                   all navigable waters of the Monongahela
                                             direct effect on one or more Indian                     (water), Reporting and recordkeeping                   River from mile marker 32.0 to mile
daltland on DSKBBV9HB2PROD with RULES




                                             tribes, on the relationship between the                 requirements, Security measures,                       marker 36.0. The safety zone is
                                             Federal Government and Indian tribes,                   Waterways.                                             necessary to protect persons, vessels,
                                             or on the distribution of power and                       For the reasons discussed in the                     and the marine environment from
                                             responsibilities between the Federal                                                                           potential hazards created by pipeline
                                                                                                     preamble, the Coast Guard amends 33
                                             Government and Indian tribes. If you                                                                           removal work. Entry of vessels or
                                                                                                     CFR part 165 as follows:
                                             believe this rule has implications for                                                                         persons into this zone is prohibited


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                                                                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations                                          30867

                                             unless authorized by the Captain of the                 this rule would be contrary to the public              representative will inform the public of
                                             Port Marine Safety Unit Pittsburgh or a                 interest because immediate action is                   the enforcement times and dates for this
                                             designated representative.                              necessary to respond to the potential                  safety zone through Broadcast Notices to
                                             DATES: This rule is effective without                   safety hazards associated with the                     Mariners (BNMs), Local Notices to
                                             actual notice from July 2, 2018 through                 pipeline removal work.                                 Mariners (LNMs), and/or Marine Safety
                                             6 p.m. on July 11, 2018. For the                                                                               Information Bulletins (MSIBs), as
                                                                                                     III. Legal Authority and Need for Rule
                                             purposes of enforcement, actual notice                                                                         appropriate.
                                             will be used from 6 a.m. on June 27,                       The Coast Guard is issuing this rule
                                                                                                     under authority in 33 U.S.C. 1231. The                 V. Regulatory Analyses
                                             2018, through July 2, 2018.
                                                                                                     Captain of the Port Marine Safety Unit                   We developed this rule after
                                             ADDRESSES: To view documents
                                                                                                     Pittsburgh (COTP) has determined that                  considering numerous statutes and
                                             mentioned in this preamble as being
                                                                                                     potential hazards associated with                      Executive orders related to rulemaking.
                                             available in the docket, go to http://
                                                                                                     pipeline removal work from June 27,                    Below we summarize our analyses
                                             www.regulations.gov, type USCG–2018–
                                                                                                     2018 through July 11, 2018, will be a                  based on a number of these statutes and
                                             0611 in the ‘‘SEARCH’’ box and click
                                                                                                     safety concern for anyone on a four-mile               Executive orders, and we discuss First
                                             ‘‘SEARCH.’’ Click on Open Docket
                                                                                                     stretch of the Monongahela River. This                 Amendment rights of protestors.
                                             Folder on the line associated with this                 rule is necessary to protect persons,
                                             rule.                                                   vessels, and the marine environment in                 A. Regulatory Planning and Review
                                             FOR FURTHER INFORMATION CONTACT: If                     the navigable waters within the safety                    Executive Orders 12866 and 13563
                                             you have questions on this rule, call or                zone while the pipeline is removed.                    direct agencies to assess the costs and
                                             email Petty Officer Jennifer Haggins,                                                                          benefits of available regulatory
                                             Marine Safety Unit Pittsburgh, U.S.                     IV. Discussion of the Rule                             alternatives and, if regulation is
                                             Coast Guard; telephone 412–221–0807,                      This rule establishes a temporary                    necessary, to select regulatory
                                             email Jennifer.L.Haggins@uscg.mil.                      safety zone from 6 a.m. on June 27, 2018               approaches that maximize net benefits.
                                             SUPPLEMENTARY INFORMATION:                              through 6 p.m. on July 11, 2018. The                   Executive Order 13771 directs agencies
                                                                                                     safety zone will cover all navigable                   to control regulatory costs through a
                                             I. Table of Abbreviations
                                                                                                     waters of the Monongahela River from                   budgeting process. This rule has not
                                             CFR Code of Federal Regulations                         mile marker 32.0 to mile marker 36.0.                  been designated a ‘‘significant
                                             COTP Captain of the Port Marine Safety                  The Coast Guard was informed that the                  regulatory action,’’ under Executive
                                               Unit Pittsburgh                                       pipeline removal work would take place
                                             DHS Department of Homeland Security
                                                                                                                                                            Order 12866. Accordingly, this rule has
                                                                                                     from 6 a.m. through 6 p.m. on each of                  not been reviewed by the Office of
                                             FR Federal Register
                                             NPRM Notice of proposed rulemaking                      approximately three consecutive days                   Management and Budget (OMB), and
                                             § Section                                               during the effective period. The periods               pursuant to OMB guidance it is exempt
                                             U.S.C. United States Code                               of enforcement will be 30 minutes prior                from the requirements of Executive
                                                                                                     to, during, and 1 hour after any pipeline              Order 13771.
                                             II. Background Information and                          removal work. A safety vessel will                        This regulatory action determination
                                             Regulatory History                                      coordinate all vessel traffic during the               is based on the size, location, and
                                                On June 20, 2018, River Salvage                      enforcement periods. The COTP or a                     duration of the temporary safety zone.
                                             notified the Coast Guard that it would                  designated representative will inform                  This temporary safety zone covers a
                                             be conducting several days of pipeline                  the public through Broadcast Notice to                 four-mile stretch of the Monongahela
                                             removal work over the next several                      Mariners (BNM), Local Notices to                       River for twelve hours on approximately
                                             weeks in the vicinity of mile marker 34                 Mariners (LNM), and/or Marine Safety                   three days. Vessel traffic will be able to
                                             of the Monongahela River in Gallatin,                   Information Bulletins (MSIBs), or                      safely navigate through the affected area
                                             PA. The Coast Guard is issuing this                     through other means of public notice, as               before and after the pipeline work, and
                                             temporary rule without prior notice and                 appropriate, at least 3 hours in advance               a safety vessel will coordinate vessel
                                             opportunity to comment pursuant to                      of the enforcement periods. The                        traffic. Moreover, the Coast Guard will
                                             authority under section 4(a) of the                     duration of the zone is intended to                    issue a Broadcast Notice to Mariners via
                                             Administrative Procedure Act (APA) (5                   protect persons, vessels, and the marine               VHF–FM marine channel 16 about the
                                             U.S.C. 553(b)). This provision                          environment in these navigable waters                  zone, and the rule allows vessels to seek
                                             authorizes an agency to issue a rule                    during pipeline work.                                  permission to enter the zone.
                                             without prior notice and opportunity to                   No vessel or person will be permitted
                                             comment when the agency for good                        to enter the temporary safety zone                     B. Impact on Small Entities
                                             cause finds that those procedures are                   without obtaining permission from the                     The Regulatory Flexibility Act of
                                             ‘‘impracticable, unnecessary, or contrary               COTP or a designated representative. A                 1980, 5 U.S.C. 601–612, as amended,
                                             to the public interest.’’ Under 5 U.S.C.                designated representative is a                         requires Federal agencies to consider
                                             553(b)(3)(B), the Coast Guard finds that                commissioned, warrant, or petty officer                the potential impact of regulations on
                                             good cause exists for not publishing a                  of the U.S. Coast Guard assigned to                    small entities during rulemaking. The
                                             notice of proposed rulemaking (NPRM)                    Marine Safety Unit Pittsburgh, U.S.                    term ‘‘small entities’’ comprises small
                                             with respect to this rule because it is                 Coast Guard. Vessels requiring entry                   businesses, not-for-profit organizations
                                             impracticable. We must establish this                   into this safety zone must request                     that are independently owned and
                                             safety zone by June 27, 2018 and lack                   permission from the COTP or a                          operated and are not dominant in their
                                             sufficient time to provide a reasonable                 designated representative. They may be                 fields, and governmental jurisdictions
                                                                                                     contacted on VHF–FM Channel 16 or
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                                             comment period and then consider                                                                               with populations of less than 50,000.
                                             those comments before issuing the rule.                 67. All persons and vessels permitted to               The Coast Guard certifies under 5 U.S.C.
                                                Under 5 U.S.C. 553(d)(3), the Coast                  enter this safety zone must transit at                 605(b) that this rule will not have a
                                             Guard finds that good cause exists for                  their slowest safe speed and comply                    significant economic impact on a
                                             making this rule effective less than 30                 with all lawful directions issued by the               substantial number of small entities.
                                             days after publication in the Federal                   COTP or the designated representative.                    While some owners or operators of
                                             Register. Delaying the effective date of                The COTP or a designated                               vessels intending to transit the


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                                             30868                Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

                                             temporary safety zone may be small                      federalism or Indian tribes, please                    PART 165—REGULATED NAVIGATION
                                             entities, for the reasons stated in section             contact the person listed in the FOR                   AREAS AND LIMITED ACCESS AREAS
                                             V.A above, this rule will not have a                    FURTHER INFORMATION CONTACT section
                                             significant economic impact on any                      above.                                                 ■ 1. The authority citation for part 165
                                             vessel owner or operator.                                                                                      continues to read as follows:
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                          Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Business Regulatory Enforcement                                                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act
                                                                                                                                                            Department of Homeland Security Delegation
                                             we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                  No. 0170.1.
                                             understanding this rule. If the rule                    Federal agencies to assess the effects of
                                                                                                                                                            ■ 2. Add § 165.T08–0611 to read as
                                             would affect your small business,                       their discretionary regulatory actions. In             follows:
                                             organization, or governmental                           particular, the Act addresses actions
                                             jurisdiction and you have questions                     that may result in the expenditure by a                § 165.T08–0611 Safety Zone; Monongahela
                                             concerning its provisions or options for                State, local, or tribal government, in the             River mile 32.0 to 36.0, Gallatin, PA.
                                             compliance, please contact the person                   aggregate, or by the private sector of                    (a) Location. The following area is a
                                             listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or               safety zone: All navigable waters of the
                                             CONTACT section.                                        more in any one year. Though this rule                 Monongahela River from mile marker
                                                Small businesses may send comments                   will not result in such an expenditure,                32.0 to mile marker 36.0.
                                             on the actions of Federal employees                     we do discuss the effects of this rule                    (b) Effective period. This section is
                                             who enforce, or otherwise determine                     elsewhere in this preamble.                            effective without actual notice from July
                                             compliance with, Federal regulations to                                                                        2, 2018 through 6 p.m. on July 11, 2018.
                                             the Small Business and Agriculture                      F. Environment                                         For the purposes of enforcement, actual
                                             Regulatory Enforcement Ombudsman                                                                               notice will be used from 6 a.m. on June
                                                                                                       We have analyzed this rule under                     27, 2018 through July 2, 2018.
                                             and the Regional Small Business
                                             Regulatory Fairness Boards. The                         Department of Homeland Security                           (c) Enforcement period. The Coast
                                             Ombudsman evaluates these actions                       Directive 023–01 and Commandant                        Guard was informed that the pipeline
                                             annually and rates each agency’s                        Instruction M16475.1D, which guide the                 removal work would take place from 6
                                             responsiveness to small business. If you                Coast Guard in complying with the                      a.m. through 6 p.m. on each of
                                             wish to comment on actions by                           National Environmental Policy Act of                   approximately three consecutive days
                                             employees of the Coast Guard, call 1–                   1969 (42 U.S.C. 4321–4370f), and have                  during the effective period. The periods
                                             888–REG–FAIR (1–888–734–3247). The                      determined that this action is one of a                of enforcement will be 30 minutes prior
                                             Coast Guard will not retaliate against                  category of actions that do not                        to, during, and 1 hour after any pipeline
                                             small entities that question or complain                individually or cumulatively have a                    removal work. A safety vessel will
                                             about this rule or any policy or action                 significant effect on the human                        coordinate all vessel traffic during the
                                             of the Coast Guard.                                     environment. This rule involves a                      enforcement periods. The COTP or a
                                                                                                     temporary safety zone that covers a four-              designated representative will inform
                                             C. Collection of Information                                                                                   the public through Broadcast Notice to
                                                                                                     mile stretch of the Monongahela River
                                               This rule will not call for a new                     for twelve hours on approximately three                Mariners (BNM), Local Notices to
                                             collection of information under the                     days. It is categorically excluded from                Mariners (LNM), and/or Marine Safety
                                             Paperwork Reduction Act of 1995 (44                     further review under paragraph L60(a)                  Information Bulletins (MSIBs), or
                                             U.S.C. 3501–3520).                                      of Appendix A, Table 1 of DHS                          through other means of public notice, as
                                                                                                                                                            appropriate, at least 3 hours in advance
                                             D. Federalism and Indian Tribal                         Instruction Manual 023–01–001–01,
                                                                                                                                                            of the enforcement periods.
                                             Governments                                             Rev. 01. A Record of Environmental                        (d) Regulations. (1) In accordance
                                                A rule has implications for federalism               Consideration supporting this                          with the general regulations in § 165.23
                                             under Executive Order 13132,                            determination is available in the docket               of this part, entry into this zone is
                                             Federalism, if it has a substantial direct              where indicated under ADDRESSES.                       prohibited unless specifically
                                             effect on the States, on the relationship               G. Protest Activities                                  authorized by the Captain of the Port
                                             between the national government and                                                                            Marine Safety Unit Pittsburgh (COTP) or
                                             the States, or on the distribution of                     The Coast Guard respects the First                   designated representative. A designated
                                             power and responsibilities among the                    Amendment rights of protesters.                        representative is a commissioned,
                                             various levels of government. We have                   Protesters are asked to contact the                    warrant, or petty officer of the U.S.
                                             analyzed this rule under that Order and                 person listed in the FOR FURTHER                       Coast Guard assigned to Marine Safety
                                             have determined that it is consistent                   INFORMATION CONTACT section to                         Unit Pittsburgh, U.S. Coast Guard.
                                             with the fundamental federalism                         coordinate protest activities so that your                (2) Vessels requiring entry into this
                                             principles and preemption requirements                  message can be received without                        safety zone must request permission
                                             described in Executive Order 13132.                     jeopardizing the safety or security of                 from the COTP or a designated
                                                Also, this rule does not have tribal                                                                        representative. They may be contacted
                                                                                                     people, places or vessels.
                                             implications under Executive Order                                                                             on VHF–FM Channel 16 or 67.
                                             13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165                       (3) All persons and vessels permitted
                                             with Indian Tribal Governments,                                                                                to enter this safety zone must transit at
                                             because it does not have a substantial                    Harbors, Marine safety, Navigation                   their slowest safe speed and comply
                                             direct effect on one or more Indian                     (water), Reporting and recordkeeping
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                                                                                                                                                            with all lawful directions issued by the
                                             tribes, on the relationship between the                 requirements, Security measures,                       COTP or the designated representative.
                                             Federal Government and Indian tribes,                   Waterways.                                                (e) Information broadcasts. The COTP
                                             or on the distribution of power and                       For the reasons discussed in the                     or a designated representative will
                                             responsibilities between the Federal                                                                           inform the public of the enforcement
                                                                                                     preamble, the Coast Guard amends 33
                                             Government and Indian tribes. If you                                                                           times and dates for this safety zone
                                                                                                     CFR part 165 as follows:
                                             believe this rule has implications for                                                                         through Broadcast Notices to Mariners


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                                                                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations                                          30869

                                             (BNMs), Local Notices to Mariners                       II. Background Information and                         the Willamette River for approximately
                                             (LNMs), and/or Marine Safety                            Regulatory History                                     two and a half hours during the evening
                                             Information Bulletins (MSIBs), as                          On April 17, 2018, the City of Lake                 when vessel traffic is normally low.
                                             appropriate.                                            Oswego notified the Coast Guard that it                This safety zone does not include any
                                               Dated: June 26, 2018.                                 will be conducting a fireworks display                 beach closures. There are no changes in
                                             L. McClain, Jr.,                                        launched from a barge in the Willamette                the regulatory text of this rule from the
                                                                                                     River approximately 150 yards east of                  proposed rule in the NPRM.
                                             Commander, U.S. Coast Guard, Captain of                                                                           This rule establishes a safety zone
                                             the Port Marine Safety Unit Pittsburgh.                 George Rodgers Park in Lake Oswego,
                                                                                                                                                            from 9 p.m. to 11:30 p.m. on July 4,
                                             [FR Doc. 2018–14132 Filed 6–29–18; 8:45 am]             OR. In response, on May 29, 2018, the
                                                                                                                                                            2018. The safety zone will cover all
                                             BILLING CODE 9110–04–P                                  Coast Guard published a notice of
                                                                                                                                                            navigable waters of the Willamette River
                                                                                                     proposed rulemaking (NPRM) titled
                                                                                                                                                            within 450-yards of a barge located at
                                                                                                     Safety Zone; Willamette River, Lake
                                                                                                                                                            45°24′37.46″ N, 122°39′29.70″ W, in
                                             DEPARTMENT OF HOMELAND                                  Oswego, OR (83 FR 24443). There we
                                                                                                                                                            vicinity of George Rogers Park in Lake
                                             SECURITY                                                stated why we issued the NPRM, and
                                                                                                                                                            Oswego, OR. The duration of the zone
                                                                                                     invited comments on our proposed
                                             Coast Guard                                                                                                    is intended to ensure the safety of
                                                                                                     regulatory action related to this
                                                                                                                                                            vessels and these navigable waters
                                                                                                     fireworks display. During the comment
                                             33 CFR Part 165                                                                                                before, during, and after the scheduled
                                                                                                     period that ended June 13, 2018, we
                                                                                                                                                            10 p.m. to 10:30 p.m. fireworks display.
                                                                                                     received three comments.
                                                                                                                                                            No vessel or person will be permitted to
                                             [Docket Number USCG–2018–0380]                             Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                                                                            enter the safety zone without obtaining
                                                                                                     Guard finds that good cause exists for
                                                                                                                                                            permission from the COTP or a
                                             RIN 1625–AA00                                           making this rule effective less than 30
                                                                                                                                                            designated representative.
                                                                                                     days after publication in the Federal
                                             Safety Zone; Willamette River, Lake                     Register. Delaying the effective date of               V. Regulatory Analyses
                                             Oswego, OR                                              this rule would be impracticable                         We developed this rule after
                                                                                                     because the Coast Guard needs to have                  considering numerous statutes and
                                             AGENCY:    Coast Guard, DHS.                            a safety zone regulation in place by July              Executive orders related to rulemaking.
                                             ACTION:   Temporary final rule.                         4, 2018, to respond to the potential                   Below we summarize our analyses
                                                                                                     safety hazards associated with the                     based on a number of these statutes and
                                             SUMMARY:   The Coast Guard is                           fireworks display on that date.                        Executive orders, and we discuss First
                                             establishing a temporary safety zone for                                                                       Amendment rights of protestors.
                                                                                                     III. Legal Authority and Need for Rule
                                             certain waters of the Willamette River
                                             near Lake Oswego, OR. This action is                      The Coast Guard is issuing this rule                 A. Regulatory Planning and Review
                                             necessary to provide for the safety of life             under authority in 33 U.S.C. 1231. The                    Executive Orders 12866 and 13563
                                             on these navigable waters during a                      Captain of the Port Columbia River                     direct agencies to assess the costs and
                                             fireworks display on July 4, 2018. This                 (COTP) has determined that potential                   benefits of available regulatory
                                             regulation prohibits persons and vessels                hazards associated with the fireworks to               alternatives and, if regulation is
                                             from being in the safety zone unless                    be used in this July 4, 2018 display will              necessary, to select regulatory
                                             authorized by the Captain of the Port                   be a safety concern for anyone within a                approaches that maximize net benefits.
                                             Columbia River or a designated                          450-yard radius of the barge. The                      Executive Order 13771 directs agencies
                                             representative.                                         purpose of this rule is to ensure safety               to control regulatory costs through a
                                                                                                     of vessels and the navigable waters in                 budgeting process. This rule has not
                                             DATES: This rule is effective from 9 p.m.               the safety zone before, during, and after
                                             to 11:30 p.m. on July 4, 2018.                                                                                 been designated a ‘‘significant
                                                                                                     the scheduled event.                                   regulatory action,’’ under Executive
                                             ADDRESSES: To view documents                                                                                   Order 12866. Accordingly, this rule has
                                             mentioned in this preamble as being                     IV. Discussion of Comments, Changes,
                                                                                                     and the Rule                                           not been reviewed by the Office of
                                             available in the docket, go to http://                                                                         Management and Budget (OMB), and
                                             www.regulations.gov, type USCG–2018–                      As noted above, we received three                    pursuant to OMB guidance it is exempt
                                             0380 in the ‘‘SEARCH’’ box and click                    comments on our NPRM published May                     from the requirements of Executive
                                             ‘‘SEARCH.’’ Click on Open Docket                        29, 2018. The first comment was an                     Order 13771.
                                             Folder on the line associated with this                 email from an individual concerned                        This regulatory action determination
                                             rule.                                                   with fire and health hazards associated                is based on the size, location, duration,
                                             FOR FURTHER INFORMATION CONTACT: If                     with the fireworks display and not with                and time-of-day of the safety zone.
                                             you have questions on this rule, call or                the proposed safety zone. The                          Vessel traffic will be able to safely
                                             email LCDR Laura Springer, Waterways                    individual was directed to contact the                 transit around this safety zone which
                                             Management Division, Marine Safety                      sponsoring organization to address                     will impact a small designated area of
                                             Unit Portland, U.S. Coast Guard;                        those concerns. The second comment                     the Willamette River for approximately
                                             telephone 503–240–9319, email                           contained no suggested changes or                      two and a half hours during the evening
                                             msupdxwwm@uscg.mil.                                     recommendations. The third comment                     when vessel traffic is normally low.
                                                                                                     suggested a lack of communication with                 Moreover, the Coast Guard will issue a
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     neighborhoods regarding the scope and                  Broadcast Notice to Mariners via VHF–
                                                                                                     ramifications of the river closure, and a
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                                             I. Table of Abbreviations                                                                                      FM marine channel 16 about the zone,
                                                                                                     concern with the containment of human                  and the rule will allow vessels to seek
                                             CFR Code of Federal Regulations
                                             DHS Department of Homeland Security
                                                                                                     wastes from boaters due to beach                       permission to enter the zone.
                                             FR Federal Register                                     closures. As stated later in this
                                                                                                     temporary final rule, vessel traffic can               B. Impact on Small Entities
                                             NPRM Notice of proposed rulemaking
                                             § Section                                               request to transit through this safety                   The Regulatory Flexibility Act of
                                             U.S.C. United States Code                               zone, which will affect a limited area of              1980, 5 U.S.C. 601–612, as amended,


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Document Created: 2018-06-30 00:17:19
Document Modified: 2018-06-30 00:17:19
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 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.
ContactIf 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]
FR Citation83 FR 30866 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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