[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64117-64119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25615]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0747]
RIN 1625-AA00


Safety Zone; Allegheny River; Mile 45.7; Kittanning, 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 at mile 45.7. This safety zone is needed to protect 
vessels transiting the area and event spectators from the hazards 
associated with a barge-based fireworks display. Entry into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
(COTP) Pittsburgh or a designated representative.

DATES: This rule is effective from 8:30 p.m. until 10:00 p.m. on 
November 21, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0747. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. 
Coast Guard, at telephone 412-644-5808, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 using the NPRM process. Upon receiving notice of 
this display and after full review of the event information and 
location, the Coast Guard determined that a safety zone is necessary. 
Delaying this rule by completing the full NPRM process would 
unnecessarily delay the safety zone and be contrary to public interest 
because the safety zone is needed to protect transiting vessels, 
spectators, and the personnel involved in the display from the hazards 
associated with fireworks displays taking place over the waterway. 
Completing the full NPRM process could also unnecessarily delay the 
locally advertised and planned event and possibly interfere with 
contractual obligations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register for the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    On November 21, 2014, as a part of Light Up Night, Downtown 
Kittanning Inc. will sponsor a barge-based fireworks display. The 
display will take place in the vicinity of mile 45.7 on the Allegheny 
River. This event presents safety hazards for spectators and vessels 
navigating in the area, and therefore a safety zone is needed to 
protect persons and property from the hazards associated with a 
fireworks display over the waterway.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone for all waters of the 
Allegheny River, mile 45.7, extending the entire width of the river. 
Entry into this zone is prohibited to all vessels and

[[Page 64118]]

persons except persons and vessels specifically authorized by the COTP 
Pittsburgh. This rule is effective on November 21, 2014 and will be 
enforced from 8:30 p.m. until 10:00 p.m.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). This rule is limited in scope 
and will be in effect for a limited time period. Notifications to the 
marine community will be made through local notice to mariners and 
broadcast notice to mariners. Deviation from the rule may be requested 
and will be considered on a case-by-case basis by the COTP or a 
designated representative. The impacts on routine navigation are 
expected to be minimal.

2. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Allegheny River, mile 45.7 from 8:30 p.m. until 10:00 p.m. 
on November 21, 2014. This safety zone will not have a significant 
economic impact on a substantial number of small entities because this 
rule is limited in scope and will be in effect for a limited time 
period. Additionally, notifications to the marine community will be 
made through BNMs, LNMs, and contacting local industry that could be 
operating in the area during the event so that they may plan around the 
scheduled event. Deviation from the rule may be requested and will be 
considered on a case-by-case basis by the COTP Pittsburgh or a 
designated representative.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT, section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 64119]]

14. 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 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 establishes a safety zone for waters of the 
Allegheny River, from mile 45.7. This rule is categorically excluded 
from further review under paragraph 34(g) of figure 2-1 of the 
Commandant Instruction an environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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., 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. A new temporary Sec.  165.T08-0747 is added to read as follows:


Sec.  165.T08-0747  Safety Zone; Allegheny River, Mile 45.7, 
Kittanning, PA.

    (a) Location. The following area is a safety zone: All waters of 
the Allegheny River, mile 45.7, extending the entire width of the 
waterway.
    (b) Effective date. This rule is effective, and will be enforced 
through actual notice, from 8:30 p.m. until 10:00 p.m. on November 21, 
2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the COTP Pittsburgh or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the COTP Pittsburgh or a designated 
representative. The COTP Pittsburgh representative may be contacted at 
412-644-5808.
    (3) All persons and vessels shall comply with the instructions of 
the COTP Pittsburgh or their designated representative. Designated COTP 
representatives include United States Coast Guard commissioned, 
warrant, and petty officers.
    (d) Information broadcasts. The COTP 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.

    Dated: September 30, 2014.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2014-25615 Filed 10-27-14; 8:45 am]
BILLING CODE 9110-04-P