Rule2023-20396
Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5, Allegheny County, PA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2023
Effective
September 22, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for the waters of the Allegheny River on September 22, 2023, at mile marker 15.5 to 16.5 from 7:30 through 9 a.m. This action is necessary to provide for the safety of life on these navigable waters during an on- land demolition. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Pittsburgh or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 182 (Thursday, September 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65132-65134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20396]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0712]
RIN 1625-AA00
Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5,
Allegheny County, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Allegheny River on September 22, 2023, at mile marker
15.5 to 16.5 from 7:30 through 9 a.m. This action is necessary to
provide for the safety of life on these navigable waters during an on-
land demolition. This rulemaking prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Pittsburgh or a designated representative.
DATES: This rule is effective from 7:30 through 9 a.m. on September 22,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0712 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Eyobe Mills, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone 412-221-0807, email <a href="/cdn-cgi/l/email-protection#55102c3a37307b117b183c39392615202636327b383c39"><span class="__cf_email__" data-cfemail="07427e6865622943294a6e6b6b744772746460296a6e6b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background 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)(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 and contrary to
the public interest. This safety zone must be established by September
22, 2023, to provide for the safety of life on the navigable waters
during a demolition, 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 demolition. Vessels or
people inside the safety zone have to potential of getting hit with
debris.
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 impractical and contrary to the public interest
because this action is necessary to ensure the safety of vessels and
persons during the demolition event on September 22, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Pittsburgh (COTP) has determined that
potential hazards associated with the land-based demolition on
September 22, 2023, will be a safety concern for anyone on the
Allegheny River at mile marker 15.5 to 16.5. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the temporary safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 until 9 a.m. on
September 22, 2023. The safety zone will cover all navigable waters on
Allegheny River, within mile marker 15.5 to 16.5. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during a land-based demolition.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative of
the COTP. A designated representative is a commissioned, warrant, or
petty officer of the Coast Guard assigned to units under the
operational control of the COTP. To seek permission to enter, contact
the COTP or a designated representative via VHF-FM channel 16. Persons
and vessels permitted to enter the safety zone must comply with all
lawful orders or directions issued by the COTP or designated
representative. The COTP or a designated representative will inform the
public of the effective period for the safety zone as well as any
changes in the dates and times of enforcement through Broadcast Notices
to Mariners or Marine Safety Information Bulletins, 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This safety zone
only impacts a 1-mile
[[Page 65133]]
stretch of the Allegheny River for one and a half hours on September
22, 2023. Moreover, the Coast Guard will issue LNMs, MSIBs, and/or BNMs
via VHF-FM marine channel 16 about the zone and the rule allows vessels
to seek permission from the COTP to transit 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
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
call or email 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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 that only impacts 1-mile stretch of the Allegheny River for
one and a half hours on September 22, 2023, on the Allegheny River. 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. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0712 to read as follows:
Sec. 165.T08-0712 Safety Zone; Allegheny River, Mile Markers 15.5 to
16.5, Allegheny County, PA.
(a) Safety zone. The following area is a safety zone: All waters of
the Allegheny River, from surface to bottom, between mile markers 15.5
to 16.5.
(b) Definitions. As used in this section, Designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Pittsburgh (COTP) in the enforcement of the
regulations in this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area described
in paragraph (a) of this section unless authorized by the COTP or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced
[[Page 65134]]
notice via broadcast notice to mariners and by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from 7:30 to
9 a.m. on September 22, 2023.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2023-20396 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.