[Federal Register Volume 67, Number 42 (Monday, March 4, 2002)]
[Rules and Regulations]
[Pages 9588-9589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5090]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

COTP Pittsburgh-02-001
RIN 2115-AA97


Security Zone; Ohio River Mile 119.0 to 119.8, Natrium, West 
Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing all water extending 200 feet from the shoreline of the 
left descending bank on the Ohio River, beginning from mile marker 
119.0 and ending at mile marker 119.8. This security zone is necessary 
to protect the PPG Plant in Natrium, West Virginia from any and all 
subversive actions from any groups or individuals whose objective it is 
to cause disruption to the daily operations of the PPG Plant. Entry of 
vessels into this security zone is prohibited unless authorized by the 
Coast Guard Captain of the Port Pittsburgh or his designated 
representative.

DATES: This rule is effective from 8 a.m. on February 8, 2002 through 8 
a.m. on June 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Pittsburgh-02-001] and are 
available for inspection or copying at Marine Safety Office Pittsburgh, 
Suite 1150 Kossman Bldg., 100 Forbes Ave. Pittsburgh, PA between 8 a.m. 
and 4 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer, Brian Smith, 
Marine Safety Office Pittsburgh at (412) 644-5808.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. The catastrophic nature of, 
and resulting devastation from, the September 11, 2001 attacks on the 
World Trade Center towers in New York City and the Pentagon in 
Washington D.C., makes this rulemaking necessary for the protection of 
national security interests. National security and intelligence 
officials warn that future terrorist attacks against United States 
interests are likely. Any delay in making this regulation effective 
would be contrary to the public interest because immediate action is 
necessary to protect against the possible loss of life, injury, or 
damage to property.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. In response to these 
terrorist acts, heightened awareness and security of our ports and 
harbors is necessary. To enhance that security the Captain of the Port, 
Pittsburgh is establishing a temporary security zone.
    This security zone includes all water extending 200 feet from the 
shoreline of the left descending bank on the Ohio River beginning from 
mile marker 119.0 and ending at mile marker 119.8. This security zone 
is necessary to protect the public, facilities, and surrounding area 
from possible acts of terrorism at the PPG Plant. All vessels and 
persons are prohibited from entering the zone without the permission of 
the Captain of the Port Pittsburgh or his designated representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 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. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT)(44 FR 11040, February 26, 
1979).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10 (e) of 
the regulatory policies and procedures of DOT is unnecessary. This rule 
will not obstruct the regular flow of vessel traffic and will allow 
vessel traffic to pass safely around the security zone and vessels may 
be permitted to enter the security zone on a case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 security zone will not have an impact on a substantial number 
of small entities because this rule will not obstruct the regular flow 
of vessel traffic and will allow vessel traffic to pass safely around 
the security zone.
    If you are a small business entity and are significantly affected 
by this regulation please contact Chief Petty Officer Brian Smith, U.S. 
Coast Guard Marine Safety Pittsburgh, Suite 1150 Kossman Bldg. 100 
Forbes Ave. Pittsburgh, PA at (412) 644-5808.

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).

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

[[Page 9589]]

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 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying 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

    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(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T08-009 is added to read as follows:


Sec. 165.T08-009  Security Zone; Ohio River Miles 119.0 to 119.8, 
Natrium, West Virginia.

    (a) Location. The following area is a security zone: The waters of 
the Ohio River, extending 200 feet from the shoreline of the left 
descending bank beginning from mile marker 119.0 and ending at mile 
marker 119.8.
    (b) Effective date. This section is effective from 8 a.m. on 
February 8, 2002 through 8 a.m. on June 15, 2002.
    (c) Authority. The authority for this section is 33 U.S.C. 1226, 33 
U.S.C. 1231, 33 CFR 1.05-1(g), and 49 CFR 1.46.
    (d) Regulations. (1) Entry into this security zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Pittsburgh or 
his designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Pittsburgh, 
or his designated representative. They may be contacted via VHF Channel 
16 or via telephone at (412) 644-5808.
    (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 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.

    Dated: February 8, 2002.
S.L. Hudson,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 02-5090 Filed 3-1-02; 8:45 am]
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