[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14845-14847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06356]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0126]
RIN 1625-AA00


Safety Zone; Pittsburgh, PA; Ice Accumulations; Allegheny River 
Mile 1.0-72.0

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Allegheny River within the Captain of the Port 
Pittsburgh Zone, which includes mile 1.0 to mile 72.0 on the Allegheny 
River. This safety zone is needed to protect persons, property, and 
vessels transiting the area from the hazards associated with ice 
accumulations on the waterways. 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 March 20, 2015 through April 1, 
2015, and enforceable through actual notice beginning on February 26, 
2015, until April 1, 2015 or ice conditions within the COTP Pittsburgh 
Zone have improved, whichever occurs earlier.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0126. 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) 221-0807, 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

BNM Broadcast Notices to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
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)(3)(B), the Coast Guard finds that 
good cause exists for not using the Notice of Proposed Rulemaking 
(NPRM) Process. The Coast Guard, with recommendations from the 
Pittsburgh Ice Committee (comprised of Army Corps of Engineers--
Pittsburgh District, National Weather Service, Marine Safety Unit 
Pittsburgh, and Chairperson of the Waterways Navigation Committee), has 
established a safety zone on all waters of the Allegheny Rivers within 
the COTP Pittsburgh Zone. This safety zone will remain in effect 
February 26, 2015, until April 1, 2015 or ice conditions within the 
COTP Pittsburgh Zone have improved, whichever occurs earlier. This 
safety zone is the result of significant ice formation within the 
navigable channels of the Allegheny River, due to extended periods of 
sub-freezing temperatures. Waterway users will be informed of the 
decisions by the Pittsburgh Ice Committee during the

[[Page 14846]]

Industry Teleconference that is hosted by MSU Pittsburgh. This emergent 
situation does not allow time for the NPRM Process. After full review 
of information provided by the Pittsburgh Ice Committee, Army Corps of 
Engineers--Pittsburgh District, and National Weather Service, the Coast 
Guard has determined that immediate action establishing additional 
safety measures is necessary to ensure public safety during the next 
several weeks. Delaying the implementation of this rule by completing 
the NPRM Process is contrary to public interest. Immediate action is 
needed to protect persons, property, and vessels transiting into, out 
of, or within the COTP Pittsburgh Zone during sub-freezing temperatures 
and resulting ice accumulations.
    For the same reasons discussed above, 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. Providing 
30 days notice would unnecessarily delay the effective date and would 
be impracticable and contrary to public interest because immediate 
action is needed to protect persons, property, and vessels transiting 
into, out of, or within the COTP Pittsburgh Zone.

B. Basis and Purpose

    The COTP Pittsburgh Zone has recently experienced consecutive weeks 
of sub-freezing temperatures. Accumulations of ice have formed on the 
Allegheny River resulting in vessels not being able to transit the 
river.
    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; Pub. L. 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 Final Rule

    The Coast Guard is establishing a safety zone for all waters of the 
Allegheny Rivers within the COTP Pittsburgh Zone, which includes mile 
1.0 to mile 72.0 on the Allegheny River. Entry into this zone is 
prohibited to all vessels and persons, except persons and vessels 
specifically authorized by the COTP Pittsburgh. This rule is effective 
immediately and will be enforced February 26, 2015, until April 1, 2015 
or ice conditions within the COTP Pittsburgh Zone have improved, 
whichever occurs earlier. As stated in the Basis and Purpose section 
above, on the recommendation from the Pittsburgh Ice Committee, entry 
into this zone is prohibited to all vessels and persons, except persons 
and vessels specifically authorized by the COTP Pittsburgh.
    The COTP Pittsburgh will inform the public through Broadcast 
Notices to Mariners (BNM) of details regarding enforcement and any 
changes to this safety zone during ice accumulation conditions.

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.
    This rule is not significant under the regulatory policies and 
procedures of the Department of Homeland Security (DHS). This rule will 
be in effect during emergency conditions involving ice accumulation on 
the Allegheny River. While some impacts on routine navigation will be 
recognized by waterway users, the recommendation for this emergency 
safety measure came from the Pittsburgh Ice Committee which is 
comprised of Army Corps of Engineers--Pittsburgh District, National 
Weather Service, Marine Safety Unit Pittsburgh, and Chairperson of the 
Waterways Navigation Committee. The Coast Guard will continue to make 
notifications to the marine community and local industry contacts that 
could be operating in the area during these conditions. Additionally, 
deviation from the rule may be requested and will be considered on a 
case-by-case basis by the COTP or a designated representative.

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 
mile 1.0 to mile 72.0 on the Allegheny River, from February 26, 2015, 
until April 1, 2015 or ice conditions within the COTP Pittsburgh Zone 
have improved, whichever occurs earlier. This emergency safety zone 
will not have a significant economic impact on a substantial number of 
small entities due to its limited scope and short duration.
    Entry into this zone is prohibited to all vessels and persons, 
except persons and vessels specifically authorized by the COTP 
Pittsburgh. The Coast Guard will ensure that that the local marine 
community is aware of the safety zone through BNMs and other 
notification. Additionally, deviation from the rule may be requested 
and will be considered on a case-by-case basis by the COTP 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).

[[Page 14847]]

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 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.

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 an emergency safety zone for waters 
of the Allegheny River within the COTP Pittsburgh Zone. 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0126 to read as follows:


Sec.  165.T08-0126  Safety Zone; Pittsburgh, PA; Ice Accumulations; 
Allegheny River Mile 1.0-72.0.

    (a) Location. The following area is a safety zone: all waters of 
the Allegheny River within the Captain of the Port (COTP) Pittsburgh 
Zone, mile 1.0 to mile 72.0 on the Allegheny River.
    (b) Effective date. This temporary rule is effective from March 20, 
2015 through April 1, 2015, and enforceable February 26, 2015, until 
April 1, 2015 or ice conditions within the Captain of the Port (COTP) 
Pittsburgh Zone have improved, whichever occurs earlier.
    (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 or a representative may be 
contacted at (412) 221-0807.
    (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) Informational broadcasts. The COTP Pittsburgh will inform the 
public through Broadcast Notices to Mariners (BNM) of the safety zone 
and any changes to the enforcement periods.

    Dated: February 26, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-06356 Filed 3-19-15; 8:45 am]
 BILLING CODE 9110-04-P