Rule2024-22106
Security Zone; Monongahela River Mile Markers 0-43.5, Allegheny River Mile Markers 0-14.5, and Ohio River Mile Markers 0-28.5 and 89-93, Pittsburgh, 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 27, 2024
Effective
September 27, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing four security zones for certain navigable waters on the Allegheny, Monongahela, and Ohio Rivers to prevent waterside threats for persons under the protection of the United States Secret Service (USSS). These security zones will be enforced intermittently and when persons under USSS protection are in the area. This rule prohibits vessels and people from entering or remaining in the zones unless specifically exempt under the provisions of this rule or granted specific permission from the Captain of the Port Pittsburgh. The regulation will enhance the safety and security of persons and property, while minimizing, to the extent possible, the impact on commerce and legitimate waterway use.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79142-79144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22106]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0868]
RIN 1625-AA87
Security Zone; Monongahela River Mile Markers 0-43.5, Allegheny
River Mile Markers 0-14.5, and Ohio River Mile Markers 0-28.5 and 89-
93, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing four security zones for
certain navigable waters on the Allegheny, Monongahela, and Ohio Rivers
to prevent waterside threats for persons under the protection of the
United States Secret Service (USSS). These security zones will be
enforced intermittently and when persons under USSS protection are in
the area. This rule prohibits vessels and people from entering or
remaining in the zones unless specifically exempt under the provisions
of this rule or granted specific permission from the Captain of the
Port Pittsburgh. The regulation will enhance the safety and security of
persons and property, while minimizing, to the extent possible, the
impact on commerce and legitimate waterway use.
DATES: This rule is effective without actual notice from September 27,
2024 through November 30, 2024. For the purpose of enforcement, actual
notice will be used from September 23, 2024, until September 27, 2024.
This rule will be enforced when persons under USSS protection are in
the vicinity of one of the security zone areas.
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-
2024-0868 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 Marine Science Technician First Class Brett Lanzel,
Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 206-815-
6624, email <a href="/cdn-cgi/l/email-protection#0163736475752f6b2f6d606f7b646d41747262662f6c686d"><span class="__cf_email__" data-cfemail="97f5e5f2e3e3b9fdb9fbf6f9edf2fbd7e2e4f4f0b9fafefb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port 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 seven separate occasions since February 2024, the COTP has
established temporary security zones encompassing certain U.S.
navigable waters on the Allegheny, Monongahela and Ohio River. These
security zones were established and enforced at the request of the U.S.
Secret Service (USSS) to support security measures required during
visits by high-ranking United States government officials.
There is a high likelihood that between September 23, 2024, and
November 30, 2024, there will be several visits to the Pittsburgh, PA
area by persons under USSS protection. Most of these visits will occur
with less than two weeks' notice. Therefore, the Coast Guard is
establishing these security zones to notify the public that when these
visits occur, the Coast Guard may enforce one or more security zones to
ensure the safety of the protected persons, vessels, bridges, and the
public while the protected persons transit bridges or are at waterfront
facilities. The security zones will be enforced only when protected
persons are in the area. The Coast Guard will provide local notice for
each instance the security zones will be enforced.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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 to
delay the effective date of this rule due to the short time period
between event planners notifying the Coast Guard and the effective date
needed for the security zones.
It is impracticable because this security zone must be established
by September 23, 2024, to provide for the security of life on the
navigable waters during anticipated dignitary visits, and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. And publishing an
NPRM is contrary to the public interest because waiting for the NPRM
process would delay the establishment of the security zone until after
the date of anticipated dignitary visits.
Additionally, 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. As previously mentioned
above, delaying the effective date of this rule would be impracticable
and contrary to the public interest because action is needed by
September 23, 2024, to ensure the security of the of life on the
navigable waters during a dignitary visit.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port Pittsburgh (COTP) has
determined that four security zone are needed to protect various
visiting dignitaries, persons, and property during multiple anticipated
visits between September 23, 2024, until November 30, 2024. This rule
is necessary to provide waterside security and protection when persons
under USSS protection are in these areas. These security zones will
protect both the persons under USSS protection, vessels and certain
shoreside facilities, and the public from potential hazards and
threats.
IV. Discussion of the Rule
This rule establishes four security zones that will be enforced at
one (1) mile segments for up to six (6) hours each during various
dignitary bridge crossings or waterside events from September 23, 2024,
through November 30, 2024. The Coast Guard will provide local notice
for each instance of enforcement. This rule is necessary to
[[Page 79143]]
expedite the establishment and enforcement of these security zones when
short notice is provided to the COTP for USSS protectees who may be
present in the area.
Security Zone One will cover all navigable waters on the
Monongahela River Mile Markers 0-43.5. Security Zone Two will cover all
navigable waters on the Allegheny River Mile Markers 0-14.5. Security
Zone Three will cover all navigable waters on the Ohio River Mile
Markers 0-28.5. Security Zone Four will cover all navigable waters on
the Ohio River Mile Marker 89-93. The duration of each instance of
enforcement of the security zone is intended to protect a visiting
dignitary and the other persons and property in the zone. These
security zones may be activated individually or simultaneously with
respect to the presence of USSS protectees.
No vessel or person is permitted to enter or remain in the security
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 U.S. Coast Guard (USCG)
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, or through Marine Safety Unit Pittsburgh at 206-
815-6624. Persons and vessels permitted to enter the security 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 security zone as well
as any changes in the dates and times of enforcement through Local
Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), 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. 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 size, location,
and duration of the temporary security zones. These security zones will
impact one (1) mile stretches for up to six (6) hours at a time on the
Monongahela River, Allegheny River and the Ohio River starting
September 23, 2024, and ending November 30, 2024. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the enforcement of these zones and this 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
security 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 four
security zones to be enforced in one (1)
[[Page 79144]]
mile segments for up to six (6) hours on each instance of enforcement,
from September 23, 2024, through November 30, 2024, on the Monongahela
River, Allegheny River, or Ohio River, during an important dignitary
visit. 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 security 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: 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.T08-0868 to read as follows:
Sec. 165.T08-0868 Security Zone; Monongahela River, Allegheny River,
and Ohio River, Pittsburgh, PA.
(a) Location. The following areas are security zones:
(1) Security Zone One will cover all navigable waters on the
Monongahela River Mile Markers 0-43.5.
(2) Security Zone Two will cover all navigable waters on the
Allegheny River Mile Markers 0-14.5.
(3) Security Zone Three will cover all navigable waters on the Ohio
River Mile Markers 0-28.5.
(4) Security Zone Four will cover all navigable waters on the Ohio
River Mile Marker 89-93.
(b) Definitions. As used in this section, designated representative
means a Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP to enforce this security zone described in
paragraph (a) of this section.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter or remain in the security
zones described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on Channel 16. The COTP's representative may be
contacted at 206-815-6624. Those in the security zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(3) The U.S. Coast Guard may secure the entirety of all or each
security zones if deemed necessary to address security threats or
concerns.
(d) Enforcement period. (1) The Coast Guard activates the security
zones when requested by the U.S. Secret Service for the protection of
individuals who qualify for their protection. The COTP will provide the
public with notice of enforcement of security zone by Broadcast Notice
to Mariners (BNM). This section will be enforced in one (1) mile
segments for up to six (6) hours in each instance of enforcement from
September 23, 2024, through November 30, 2024. The Coast Guard will
provide local notice of each instance of enforcement of the temporary
security zone.
(2) These security zones may be enforced individually or
simultaneously.
Dated: September 23, 2024
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2024-22106 Filed 9-26-24; 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 27, 2024.
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.