[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Proposed Rules]
[Pages 30008-30011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12553]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0123]
RIN 1625-AA00


Safety Zone; The Southside Outside, Allegheny River, Mile Marker, 
0-0.25, Monongahela River, Mile Marker, 0-3.09

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone extending 200 feet from the left bank Allegheny River Mile 0.0 to 
0.25 and extending 200 feet from the right bank Monongahela River Mile 
0.0 to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety 
zone will also be established extending 300 feet from the left bank 
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m. 
September 5, 2015. This safety zone is needed to protect persons and 
vessels from the potential safety hazards associated with a paddle 
board marine event. Entry into this zone will be prohibited to all 
vessels, mariners, and persons unless specifically authorized by the 
Captain of the Port (COTP), Pittsburgh or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 10, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh 
Waterways Management Division, U.S. Coast Guard; 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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0123] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0123) 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.

[[Page 30009]]

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard has a long history working with local, state, and 
federal agencies in areas to improve emergency response, to prepare for 
events that call for swift action, and to protect our nation. The Coast 
Guard is proposing to establish this safety zone on the waters of the 
Allegheny and Monongahela Rivers in Pittsburgh, Pennsylvania for the 
Southside Outside Paddleboard Marine Event. The marine event is 
scheduled to take place from 8:00 a.m. to 4:00 p.m. on September 5, 
2015. This proposed rule is necessary to protect the safety of the 
participants, spectators, commercial traffic, and the general public on 
the navigable waters of the United States during the event.

C. Basis and Purpose

    The legal basis and authorities for this proposed rule are found in 
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, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones. The purpose of this proposed safety 
zone is to protect public boaters and their vessels from potential 
safety hazards associated with the Paddleboard marine event on the 
Allegheny and Monongahela Rivers, Pittsburgh, Pennsylvania.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a Safety Zone that 
will encompass certain waters of the Allegheny and Monongahela Rivers 
in Pittsburgh, Pennsylvania. The proposed Safety Zone regulations would 
be enforced from approximately 8:00 a.m. to 4:00 p.m. for approximately 
8 hours on September 5, 2015. As proposed, the Safety Zone would extend 
200 feet from the left bank of the Allegheny River Mile 0.0 to 0.25 and 
extend 200 feet from the right bank of the Monongahela River Mile 0.0 
to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety zone 
is also proposed to extend 300 feet from the left bank of the 
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m. 
September 5, 2015. All persons and vessels, except those persons and 
vessels participating in the paddleboard marine event and those vessels 
enforcing the areas, would be prohibited from entering, transiting 
through, anchoring in, or remaining within the proposed safety zone 
areas.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the enforcement areas by 
contacting the Captain of the Port Pittsburgh by telephone at (412) 
221-0807, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the enforcement areas is granted by the Captain of the Port Pittsburgh 
or a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Pittsburgh or a designated representative.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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. The temporary safety 
zone listed in this proposed rule will only restrict vessel traffic 
from entering, transiting, or anchoring within a small portion of the 
Allegheny and Monongahela Rivers. The effect of this proposed 
regulation will not be significant for several reasons: (1) this rule 
will not affect vessel traffic; (2) the impacts on routine navigation 
are expected to be minimal because notifications to the marine 
community will be made through local notice to mariners (LNM) and 
broadcast notice to mariners (BNM). Therefore, these notifications will 
allow the public to plan operations around the proposed safety zone and 
its enforcement times.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed 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 from mile 0 to mile 0.25 and 
Monongahela River mile 0 to mile 3.09 effective from 8:00 a.m. to 4:00 
p.m. on September 5, 2015. This proposed safety zone will not have a 
significant economic impact on a substantial number of small entities 
because this proposed rule will not impede navigational traffic. 
Traffic in this area is limited to almost entirely recreational vessels 
and commercial towing vessels. Notifications to the marine community 
will be made through BNMs and electronic mail. Notices of changes to 
the proposed safety zone and scheduled effective times and enforcement 
periods will also be made. Deviation from the proposed restrictions may 
be requested from the COTP or designated representative and will be 
considered on a case-by-case basis.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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

[[Page 30010]]

listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard 
will not retaliate against small entities that question or complain 
about this proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves 
establishing temporary safety zones. Safety Zone extending 200 feet 
from the left bank Allegheny River Mile 0.0 to 0.25 and extending 200 
feet from the right bank Monongahela River Mile 0.0 to 3.09 from 8:00 
a.m. to 11:00 a.m. September 5, 2015. A safety zone will also be 
established extending 300 feet from the left bank Monongahela River 
Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m. September 5, 2015. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 
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 
proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. A new temporary Sec.  165.T08-0123 is added to read as follows:


Sec.  165.T08-0123  Safety Zone, The Southside Outside; Allegheny 
River, Mile 0.0 to 0.25, Monongahela River, Mile 0-3.09.

    (a) Location. The following areas are temporary safety zones:
    (1) All waters extending 200 feet from the left bank of the 
Allegheny River Mile 0.0 to 0.25 and extending 200 feet from the right 
bank of the Monongahela River mile 0.0 to 3.09; and
    (2) All waters extending 300 feet from the left bank of the 
Monongahela River mile 2.32 to 3.09.
    (b) Effective date and times. The safety zone listed in paragraph 
(a)(1) of this section is effective from 8:00 a.m. to 11:00 a.m. on 
September 5, 2015. The safety zone listed in paragraph (a)(2) of this 
section is effective from 11:00 a.m. to 4:00 p.m. on September 5, 2015.
    (c) 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 COTP Pittsburgh or a designated representative.
    (2) Spectator vessels may safely transit outside the safety zones 
at a minimum safe speed, but may not anchor, block, loiter, or impede 
participants or official patrol vessels.
    (3) Vessels requiring entry into or passage through the safety 
zones must request permission from the COTP Pittsburgh or a designated 
representative. They may be contacted by telephone at (412) 412-0807.
    (3) All vessels shall comply with the instructions of the COTP 
Pittsburgh and

[[Page 30011]]

designated personnel. Designated personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard.
    (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: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-12553 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P