83 FR 39884 - Safety Zone; Allegheny River, Miles 43.5 to 45.5, Kittanning, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range		39884-39886
FR Document		2018-17262

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Allegheny River, extending the entire width of the river, from mile marker (MM) 43.5 to MM 45.5. This safety zone is necessary to protect persons, property, and the marine environment from potential hazards associated with a boat race. Entry of persons or vessels 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 156 (Monday, August 13, 2018)

[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39884-39886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0718]
RIN 1625-AA00


Safety Zone; Allegheny River, Miles 43.5 to 45.5, Kittanning, 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 Allegheny River, extending the entire width 
of the river, from mile marker (MM) 43.5 to MM 45.5. This safety zone 
is necessary to protect persons, property, and the marine environment 
from potential hazards associated with a boat race. Entry of persons or 
vessels into this zone is prohibited unless authorized by the Captain 
of the Port Marine Safety Unit Pittsburgh or a designated 
representative.

DATES: This rule is effective each day from 9 a.m. to 8 p.m. from 
August 17, 2018, through August 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0718 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 Charles Morris, 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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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. This 
safety zone must be established by August 17, 2018 and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the safety zone until after the date 
of the boat race and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest because immediate action is necessary 
to respond to the potential safety hazards associated with this boat 
race.

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 this boat race will 
be a safety hazard for anyone within a two-mile stretch of the 
Allegheny River. The rule is needed to protect persons, property, and 
the marine environment in the navigable waters within the safety zone 
before, during, and after the boat race.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. on August 17, 2018 
through 8 p.m. on August 19, 2018. The safety zone will be enforced 
each day during the effective period from 9 a.m. through 8 p.m. The 
safety zone will cover all navigable waters of the Allegheny River, 
extending the entire width of the river, from mile marker (MM) 43.5 to 
MM 45.5. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters before, 
during, and after the boat race. No vessel or person will be permitted 
to enter the 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 units under the operational control of USCG Marine Safety 
Unit Pittsburgh. Persons and vessels seeking entry into this safety 
zone must request permission from the COTP or a designated 
representative.

[[Page 39885]]

They may be contacted on VHF-FM Channel 16 or by telephone at (412) 
221-0807. Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
instructions of the COTP or a designated representative. The COTP or a 
designated representative will inform the public of the enforcement 
period for the safety zone as well as any changes in the schedule 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Broadcasts (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, time, 
duration, and location of the safety zone. This safety zone encompasses 
a two-mile stretch of the Allegheny River for eleven hours on each of 
three days. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners (BNMs) 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 
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 safety zone lasting eleven hours that will prohibit entry on a two-
mile stretch of the Allegheny River on each of 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:

[[Page 39886]]

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.T08-0718 to read as follows:


Sec.  165.T08-0718   Safety Zone; Allegheny River, miles 43.5 to 45.5, 
Kittanning, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Allegheny River, extending the entire width of the river, 
from mile marker (MM) 43.5 to MM 45.5.
    (b) Effective period. This section is effective each day from 9 
a.m. through 8 p.m. August 17, 2018 through August 19, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Pittsburgh.
    (2) Persons and vessels seeking 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 by telephone at (412) 221-
0807.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
instructions of the COTP or a designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement period for the 
safety zone as well as any changes in the schedule through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Broadcasts (MSIBs) as appropriate.

    Dated: August 6, 2018.
F.M. Smith,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Marine Safety Unit Pittsburgh.
[FR Doc. 2018-17262 Filed 8-10-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39885

They may be contacted on VHF–FM 605(b) that this rule will not have a Federal Government and Indian tribes,
Channel 16 or by telephone at (412) significant economic impact on a or on the distribution of power and
221–0807. Persons and vessels substantial number of small entities. responsibilities between the Federal
permitted to enter this safety zone must While some owners or operators of Government and Indian tribes. If you
transit at their slowest safe speed and vessels intending to transit the believe this rule has implications for
comply with all lawful instructions of temporary safety zone may be small federalism or Indian tribes, please
the COTP or a designated entities, for the reasons stated in section contact the person listed in the FOR
representative. The COTP or a V.A above, this rule will not have a FURTHER INFORMATION CONTACT section
designated representative will inform significant economic impact on any above.
the public of the enforcement period for vessel owner or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
the safety zone as well as any changes
in the schedule through Broadcast Business Regulatory Enforcement The Unfunded Mandates Reform Act
Notices to Mariners (BNMs), Local Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
Notices to Mariners (LNMs), and/or we want to assist small entities in Federal agencies to assess the effects of
Marine Safety Information Broadcasts understanding this rule. If the rule their discretionary regulatory actions. In
(MSIBs) as appropriate. would affect your small business, particular, the Act addresses actions
organization, or governmental that may result in the expenditure by a
V. Regulatory Analyses jurisdiction and you have questions State, local, or tribal government, in the
We developed this rule after concerning its provisions or options for aggregate, or by the private sector of
considering numerous statutes and compliance, please contact the person $100,000,000 (adjusted for inflation) or
Executive orders related to rulemaking. listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Below we summarize our analyses CONTACT section. will not result in such an expenditure,
based on a number of these statutes and Small businesses may send comments we do discuss the effects of this rule
Executive orders, and we discuss First on the actions of Federal employees elsewhere in this preamble.
Amendment rights of protestors. who enforce, or otherwise determine
F. Environment
compliance with, Federal regulations to
A. Regulatory Planning and Review We have analyzed this rule under
the Small Business and Agriculture
Executive Orders 12866 and 13563 Regulatory Enforcement Ombudsman Department of Homeland Security
direct agencies to assess the costs and and the Regional Small Business Directive 023–01 and Commandant
benefits of available regulatory Regulatory Fairness Boards. The Instruction M16475.1D, which guide the
alternatives and, if regulation is Ombudsman evaluates these actions Coast Guard in complying with the
necessary, to select regulatory annually and rates each agency’s National Environmental Policy Act of
approaches that maximize net benefits. responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
Executive Order 13771 directs agencies wish to comment on actions by determined that this action is one of a
to control regulatory costs through a employees of the Coast Guard, call 1– category of actions that do not
budgeting process. This rule has not 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
been designated a ‘‘significant Coast Guard will not retaliate against significant effect on the human
regulatory action,’’ under Executive small entities that question or complain environment. This rule involves a safety
Order 12866. Accordingly, this rule has about this rule or any policy or action zone lasting eleven hours that will
not been reviewed by the Office of of the Coast Guard. prohibit entry on a two-mile stretch of
Management and Budget (OMB), and the Allegheny River on each of three
pursuant to OMB guidance it is exempt C. Collection of Information days. It is categorically excluded from
from the requirements of Executive This rule will not call for a new further review under paragraph L60(a)
Order 13771. collection of information under the of Appendix A, Table 1 of DHS
This regulatory action determination Paperwork Reduction Act of 1995 (44 Instruction Manual 023–01–001–01,
is based on the size, time, duration, and U.S.C. 3501–3520). Rev. 01. A Record of Environmental
location of the safety zone. This safety Consideration supporting this
zone encompasses a two-mile stretch of D. Federalism and Indian Tribal
determination is available in the docket
the Allegheny River for eleven hours on Governments
where indicated under ADDRESSES.
each of three days. Moreover, the Coast A rule has implications for federalism
Guard will issue a Broadcast Notice to under Executive Order 13132, G. Protest Activities
Mariners (BNMs) via VHF–FM marine Federalism, if it has a substantial direct The Coast Guard respects the First
channel 16 about the zone, and the rule effect on the States, on the relationship Amendment rights of protesters.
allows vessels to seek permission to between the national government and Protesters are asked to contact the
enter the zone. the States, or on the distribution of person listed in the FOR FURTHER
power and responsibilities among the INFORMATION CONTACT section to
B. Impact on Small Entities various levels of government. We have coordinate protest activities so that your
The Regulatory Flexibility Act of analyzed this rule under that Order and message can be received without
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent jeopardizing the safety or security of
requires Federal agencies to consider with the fundamental federalism people, places or vessels.
the potential impact of regulations on principles and preemption requirements
small entities during rulemaking. The List of Subjects in 33 CFR Part 165
described in Executive Order 13132.
sradovich on DSK3GMQ082PROD with RULES

term ‘‘small entities’’ comprises small Also, this rule does not have tribal Harbors, Marine safety, Navigation
businesses, not-for-profit organizations implications under Executive Order (water), Reporting and recordkeeping
that are independently owned and 13175, Consultation and Coordination requirements, Security measures,
operated and are not dominant in their with Indian Tribal Governments, Waterways.
fields, and governmental jurisdictions because it does not have a substantial For the reasons discussed in the
with populations of less than 50,000. direct effect on one or more Indian preamble, the Coast Guard amends 33
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the CFR part 165 as follows:

VerDate Sep<11>2014 16:02 Aug 10, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1

Document Created: 2018-08-11 00:27:36
Document Modified: 2018-08-11 00:27:36

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		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective each day from 9 a.m. to 8 p.m. from August 17, 2018, through August 19, 2018.
Contact		If you have questions on this rule, call or email Petty Officer Charles Morris, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation		83 FR 39884
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 39884 - Safety Zone; Allegheny River, Miles 43.5 to 45.5, Kittanning, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 156 (August 13, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard