[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20588-20590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10242]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0175]
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 has established a temporary safety zone from 
mile marker 0.0 (Point State Park) on the Allegheny River to mile 
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet 
out from the left descending bank. This safety zone is needed to 
protect spectators and vessels from the hazards associated with the 
Venture Outdoors Festival event. Entry into this zone is prohibited, 
unless specifically authorized by the Captain of the Port Pittsburgh or 
a designated representative.

DATES: This rule is effective from 11 a.m. until 6 p.m. on May 16, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0175 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0175 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
at two locations: 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, and the U.S. 
Coast Guard Marine Safety Unit Pittsburgh, Suite 1150 Town Place, 100 
Forbes Avenue, Pittsburgh, PA 15222, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Junior Grade Douglas Kang, Marine 
Safety Unit Pittsburgh, telephone 412-644-5808. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

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 because immediate action is needed to protect 
participant and spectator craft from the hazards associated with the 
Venture Outdoors Festival event.
    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. Publishing an NPRM and delaying 
its effective date would be contrary to public interest because 
immediate action is needed to protect participant and spectator craft 
from the hazards associated with the Venture Outdoors Festival event.

Background and Purpose

    The Coast Guard has established a temporary safety zone from mile 
marker 0.0 (Point State Park) on the Allegheny River to mile marker 1.0 
(Norfolk and Southern Railroad Bridge), extending 328 feet out from the 
left descending bank. This safety zone is needed to protect spectators 
and vessels from the hazards associated with the Venture Outdoors 
Festival event.

Discussion of Rule

    The Captain of the Port Pittsburgh is establishing a safety zone 
from mile marker 0.0 (Point State Park) on the Allegheny River to mile 
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet 
out from the left 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 is effective from 11 a.m. until 6 p.m. on May 16, 2009. 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.
    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.

[[Page 20589]]

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 waterways from mile marker 0.0 (Point State Park) 
on the Allegheny River to mile marker 1.0 (Norfolk and Southern 
Railroad Bridge), extending 328 feet out from the left descending bank 
from 11 a.m. to 6 p.m. on Saturday, May 16, 2009. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities because this rule will only be in effect for a short period of 
time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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 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. 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 0023-01 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 that 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, from further environmental 
documentation.
    Under figure 2-1, paragraph (34)(g.), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

[[Page 20590]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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, 3306, 
3703; 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.T08-0175 to read as follows:


Sec.  165.T08-0175  Safety Zone; Allegheny River, Pittsburgh, PA.

    (a) Location. The following area is a Safety Zone: the portion of 
the waterways from mile marker 0.0 (Point State Park) on the Allegheny 
River to mile marker 1.0 (Norfolk and Southern Railroad Bridge), 
extending 328 feet out from the left descending bank.
    (b) Effective date. This rule is effective from 11 a.m. until 6 
p.m. on May 16, 2009.
    (c) Periods of Enforcement. This rule will only be enforced from 11 
a.m. until 6 p.m. on May 16, 2009. 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 Sec.  165.23 of 
this part, 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: March 31, 2009.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Pittsburgh.
[FR Doc. E9-10242 Filed 5-4-09; 8:45 am]
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