[Federal Register Volume 67, Number 179 (Monday, September 16, 2002)]
[Rules and Regulations]
[Pages 58331-58333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23478]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Pittsburgh-02-019]
RIN 2115-AA97


Security Zone; Ohio River Mile 119.0 to 119.8, Natrium, WV

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 water's edge 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 Pittsburgh Plate Glass Industries (PPG), persons, and 
vessels from subversive or terrorist acts. Entry of persons or vessels 
into this security zone is prohibited unless authorized by the Coast 
Guard Captain of the Port Pittsburgh or designated representative.

DATES: This rule is effective from 3 p.m. on August 30, 2002 to 3 p.m. 
on February 15, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Pittsburgh-02-019] 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: Petty Officer Michael Marsula, Marine 
Safety Office Pittsburgh at (412) 644-5808 x114.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. 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.
    National security and intelligence officials warn that future 
terrorist attacks against United States interests are likely. Current 
advisories of terrorist threats, a history of violence directed towards 
this facility, and the nature of material handled at Pittsburgh Plate 
Glass Industries (PPG) make this rulemaking necessary for the 
protection of national security interests. Any delay in making this 
regulation effective would be contrary to the public interest because 
action is necessary to protect against the possible loss of life, 
injury, or damage to property.
    The Coast Guard will, during the effective period of this temporary 
final rule, complete notice and comment rulemaking for a proposed 
permanent regulation.

Background and Purpose

    A temporary security zone for this area expired on June 15, 2002 
(67 FR 9589, March 4, 2002). We received no comments or objections 
regarding this zone. Advisories regarding continued threats of 
terrorism have revealed the need for another security zone to protect 
PPG, persons, and vessels from subversive or terrorist acts. To enhance 
security the Captain of the Port is establishing a temporary security 
zone.
    This security zone includes all water extending 200 feet from the 
water's edge of the left descending bank on the Ohio River beginning 
from mile marker 119.0 and ending at mile marker 119.8. All persons and 
vessels are prohibited from entering the zone without the permission of 
the Captain of the Port Pittsburgh or 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 
does not obstruct the regular flow of vessel traffic and will allow 
vessel traffic to pass safely around the security zone. 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

[[Page 58332]]

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. The Coast Guard is unaware of any small entities that would 
be impacted by this rule. The navigable channel remains open to all 
vessel traffic. We received no comments or objections regarding the 
previous security zone covering the same area.
    If you are a small business entity and are significantly affected 
by this regulation please contact Petty Officer Michael Marsula, U.S. 
Coast Guard Marine Safety Pittsburgh, Suite 1150 Kossman Bldg., 100 
Forbes Ave., Pittsburgh, PA at (412) 644-5808 x114.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could 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 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 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. 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 because this rule is not expected to result 
in any significant adverse environmental impact as described in the 
National Environmental Policy Act of 1969 (NEPA). 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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec.  165.T08-100 is added to read as follows:


Sec.  165.T08-100  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 water's edge of the left 
descending bank beginning from mile marker 119.0 and ending at mile 
marker 119.8.
    (b) Effective period. This section is effective from 3 p.m. on 
August 30, 2002 through 3 p.m. on February 15, 2003.
    (c) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Pittsburgh or designated representative.
    (2) Persons or vessels desiring to transit the area of the security 
zone may contact the Captain of the Port Pittsburgh at telephone number 
412-644-5808 or on VHF channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Pittsburgh or 
designated representative.
    (d) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.


[[Page 58333]]


    Dated: August 30, 2002.
S.L. Hudson,
Commander, Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 02-23478 Filed 9-13-02; 8:45 am]
BILLING CODE 4910-15-P