[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Proposed Rules]
[Pages 37203-37205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0345]
RIN 1625-AA00


Safety Zone; Ohio River between Mile 25.2 and 25.8; New Brighton, 
PA

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 on the Ohio River Mile from mile 25.2 to mile 25.8. The proposed 
safety zone will be effective from 8:45 p.m. to 11:15 p.m. on August 
22, 2015. This safety zone is needed to protect persons and vessels 
from the potential safety hazards associated with the Beaver County 
Regatta Fireworks. 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 July 15, 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-2015-0345] 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-2015-0345) 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.

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 
Ohio River for the Beaver County Regatta fireworks. The marine event is 
scheduled to take place from 8:45 p.m. to 11:15 p.m. on August 22, 
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.

[[Page 37204]]

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 Beaver County Regatta Fireworks on 
the Ohio River, including falling embers and debris.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a safety zone that 
will encompass all waters of the Ohio River in New Brighton, 
Pennsylvania. The proposed safety zone will be enforced from 
approximately 8:45 p.m. to 11:15 p.m., for approximately 2 hour 30 
minutes on August 22, 2015. As proposed, the safety zone would be a 
complete closure of the Ohio River from mile 25.2 to mile 25.8 from 
8:45 p.m. to 11:15 p.m. on August 22, 2015. All persons and vessels, 
except those persons and vessels participating in the marine fireworks 
event and those vessels enforcing the areas, would be prohibited from 
entering, transiting through, anchoring in, or remaining within the 
proposed safety zone area.
    Persons and vessels may request authorization to enter, transit 
though, 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 restrict vessel traffic from 
entering, transiting, or anchoring within a portion of the Ohio River. 
The effect of this proposed regulation will not be significant for 
several reasons: (1) The amount of time the Ohio River will be closed, 
and (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 Ohio River from mile 25.2 to mile 25.8 
effective from 8:45 p.m. to 11:15 p.m. on August 22, 2015. This 
proposed safety zone will not have a significant economic impact on a 
substantial number of small entities because this proposed rule will 
impede navigational traffic for a short period of time. Traffic in this 
area is almost entirely limited to 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 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.

[[Page 37205]]

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 proposed 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 a temporary safety zone. The safety zone will be 
on the Ohio River mile 25.2 to mile 25.8 from 8:45 p.m. to 11:15 p.m. 
on August 22, 2015. This action is necessary to protect persons and 
property during the Beaver County Regatta Fireworks. This proposed 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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.T08-0345 is added to read as follows:


Sec.  165.T08-0345  Safety zone; Ohio River between mile 25.2 and 25.8; 
New Brighton, PA.

    (a) Locations. The following area is a temporary safety zone: All 
waters on the Ohio River Mile from mile 25.2 to mile 25.8.
    (b) Effective date and time. The safety zone listed in section (a) 
is effective from 8:45 p.m. to 11:15 p.m. on August 22, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port (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.
    (4) All vessels shall comply with the instructions of the COTP 
Pittsburgh and designated personnel. Designated personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts: The Captain of the Port, Pittsburgh 
or a designated representative will inform the public through broadcast 
notices to mariners (BNM) of the effective period for the safety zone 
and of any changes in the effective period, enforcement times, or size 
of the safety zones.

    Dated: May 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard Captain of the Port Pittsburgh.
[FR Doc. 2015-16105 Filed 6-29-15; 8:45 am]
 BILLING CODE 9110-04-P