[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Rules and Regulations]
[Pages 47993-47996]
[FR Doc No: 2011-19997]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0695]
RIN 1625-AA00

Safety Zone; Allegheny River; Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking
area on either side of the 13th Street boat ramp), extending 300 feet
from the right descending bank. The safety zone is needed to protect
the public from the hazards associated with the Guyasuta Days Festival
fireworks display. Entry into, movement within, and departure from this
temporary safety zone, while it is activated and enforced, is
prohibited, unless authorized by the Captain of the Port or a
designated representative.

DATES: This rule is effective from 9:30 p.m. August 6, 2011 through 11
p.m. August 7, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0695 and are available online
by going

to http://www.regulations.gov, inserting USCG-2011-0695 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade Robyn Hoskins,
Marine Safety Unit Pittsburgh, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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. This temporary safety zone will be included
in a separate ongoing and upcoming rulemaking project providing notice
and comment to update the list of annually recurring events and safety
zones in the CFR. Publishing an individual NPRM would be impracticable
because immediate action is needed to protect the public from the
possible hazards associated with the Guyasuta Days Festival fireworks
display that will occur in the city of Pittsburgh, PA on August 6, 2011
(rain date August 7, 2011).
    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. This temporary safety zone will be
included in a separate ongoing and upcoming rulemaking project
providing notice and comment to update the list of annually recurring
events and safety zones in the CFR. Publishing an individual NPRM and
providing a full 30 day notice and delaying the effective date would be
impracticable based on the short notice received for the event and the
short period that the safety zone will be in place. Immediate action is
needed to provide safety and protection during the Guyasuta Days
Festival fireworks display that will occur in the city of Pittsburgh,
PA on August 6, 2011 (rain date August 7, 2011).

Basis and Purpose

    The Coast Guard is establishing a temporary safety zone on the
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking
area on either side of the 13th Street boat ramp), extending 300 feet
from the right descending bank. The temporary safety zone is needed to
protect the public from the hazards associated with the Guyasuta Days
Festival fireworks display.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on the
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking
area on either side of the 13th Street boat ramp), extending 300 feet
from the right descending bank. Vessels shall not enter into, depart
from, or move within this safety zone without permission from the
Captain of the Port Pittsburgh or his authorized representative.
Persons or vessels requiring entry into or passage through a safety
zone must request permission from the Captain of the Port Pittsburgh,
or a designated representative. They may be contacted on VHF-FM Channel
13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-253-7465.
This rule will be enforced from 9:30 p.m. to 11 p.m. on August 6, 2011,
with a rain date of August 7, 2011 from 9:30 p.m. to 11 p.m. The
Captain of the Port Pittsburgh will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this regulation will restrict access to the area, the
effect of the rule will not be significant because this rule will be in
effect for a short period of time and notifications to the marine
community will be made through broadcast notices to mariners. The
impacts on routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
that portion of the Allegheny River from mile marker 5.7 to mile marker
5.9, 300 feet from the right descending bank from 9:30 p.m. to 11 p.m.
on August 6, 2011, with a rain date of August 7, 2011 from 9:30 p.m. to
11 p.m.
    This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will be enforced for a short period of time, on a
weekend day, and during a time when vessel traffic is low.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0695 to read as follows:

Sec.  165.T08-0695  Safety Zone; Allegheny River, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All waters of
the Allegheny River from mile marker 5.7 to mile marker 5.9, extending
300 feet out from the right descending bank. These markings are based
on the USACE's Allegheny River Navigation Charts (Chart 1, January
2004).
    (b) Effective date. This rule is effective from 9:30 p.m. August 6,
2011 through 11 p.m. August 7, 2011.
    (c) Periods of enforcement. This rule will be enforced from 9:30
p.m. through 11 p.m. on August 6, 2011, with a rain date of August 7,
2011 from 9:30 p.m. to 11 p.m. The Captain of the Port Pittsburgh or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
    (d) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart C, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh.
    (2) Persons or vessels requiring entry into or passage through a
safety zone must request permission from the Captain of the Port
Pittsburgh or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at
1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard

patrol personnel. On-scene U.S. Coast Guard patrol personnel includes
Commissioned, Warrant, and Petty Officers of the U.S. Coast Guard.

    Dated: July 18, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2011-19997 Filed 8-5-11; 8:45 am]
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