[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37542-37545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16251]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0436]
RIN 1625-AA00


Safety Zone; Three Rivers Regatta/Three River Regatta and 
Fireworks, Ohio River, Mile 0.5 to Mile 0.5 on the Allegheny River and 
Mile 0.5 on the Monongahela River; Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone from 
mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and 
mile 0.5 on the Monongahela River, extending the entire width of the 
rivers. This action is necessary to ensure public safety due to the 
inherent hazards associated with launching fireworks from a barge and 
the explosive nature of the fireworks display. During the enforcement 
period, entry into, transiting, or anchoring in the safety zone is 
prohibited to all vessels not registered with the sponsor as 
participants or official patrol vessels, unless specifically authorized 
by the Captain of the Port (COTP) Pittsburgh or a designated 
representative.

DATES: This rule is effective and will be enforced with actual notice 
on July 3, 2015 from 12:00 p.m. to 10:00 p.m., on July 4, 2015 from 
12:00 p.m. to 10:00 p.m. and on July 5, 2015 from 12:00 p.m. to 10:00 
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0436. 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

[[Page 37543]]

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 Ariana Mohnke, 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

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

A. Regulatory History and Information

    On June 11, 2015, we published a final rule entitled ``Annual 
fireworks displays and other events in the Eighth Coast Guard District 
requiring safety zones'' in the Federal Register (79 FR 222398). In 
that rulemaking, the Coast Guard established a permanent safety zone 
for the annual ``Three Rivers Regatta/Three River Regatta and 
Fireworks'', listed in Table no. 1 to 33 CFR 165.801 at Line no. 43. On 
June 15, 2015, we published a notice of proposed rulemaking (NPRM) 
entitled ``Three Rivers Regatta/Three River Regatta and Fireworks'' in 
the Federal Register. We received no comments on the proposed rule. No 
public meeting was requested, and none was held.
    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 with respect to this rule 
because it is unnecessary and contrary to public interest.
    On May 20, 2015, the sponsor notified the Coast Guard that it 
intended to hold the event on July 3-5, 2015 at a location from mile 
0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 
on the Monongahela River, extending the entire width of the rivers. 
According to Table no. 1 to 33 CFR 165.801, the event is to be held 
during two days the week of July 4th and is to be located at: Ohio 
River, Mile 0.0-0.5, Allegheny River, Mile 0.0-0.5, and Monongahela 
River, Mile 0.0-0.5. After full review of the event information and 
location, the Coast Guard determined that the published annual event 
differs from the intended dates and location for the event being held 
this year. A safety zone is necessary. Therefore, to mitigate the 
potential danger to spectators and participants, the Coast Guard is 
establishing a temporary safety zone. Any delay or cancellation of the 
event in order to allow for a notice and comment period is contrary to 
the public interest in not having the event occur on the dates and in 
the location proposed by the sponsor and advertised to the public and 
could potentially interfere with contractual obligations. Completing 
the full NPRM process would be impracticable. 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.
    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. Delaying this rule would be 
unnecessary as this event is a recurring event and mariners familiar 
with the waterway are aware that the regatta and celebrations related 
to Independence Day activities occur yearly on this waterway. This year 
the event will occur over the course of three days, as opposed to the 
published time period of two days, as per the Federal Register. In 
addition, the event will take place very near to the published 
location, approximately 0.1 miles distant from the published location 
in the Federal Register. Delaying this rule would be contrary to the 
public interest of ensuring the safety of spectators and vessels during 
the event and immediate action is necessary to prevent possible loss of 
life or property. Also a delay or cancellation of the event in order to 
allow for publication in the Federal Register is contrary to the 
public's interest in having this event occur as scheduled. Broadcast 
Notices to Mariners (BNM) and information sharing with the waterway 
users will update mariners of the restrictions, requirements, and 
enforcement times during this temporary situation.

B. Basis and Purpose

    This regulation is necessary to ensure the safety of vessels, 
spectators and participants from hazards associated with and resulting 
from the 2015 Three Rivers Regatta/Three River Regatta and Fireworks 
events. Based on the inherent hazards associated with a fireworks show 
and an on-water regatta event, the COTP Pittsburgh has determined that 
a fireworks display and a marine regatta pose a significant risk to 
watercraft, participant safety, spectator safety, public safety and 
property. The combination of increased numbers of recreational vessels 
and potential debris falling on passing or anchored spectator vessels 
has the potential to result in serious injuries or fatalities. This 
regulation temporarily establishes a zone to restrict vessel movement 
through and around the location of the regatta and the fireworks 
display in order to reduce the risks associated with these events.
    The legal basis and authorities for this 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 establish and define 
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone for the 2015 Three 
Rivers Regatta/Three River Regatta and Fireworks from mile 0.5 Ohio 
River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the 
Monongahela River, extending the entire width of the rivers. This 
temporary safety zone will be enforced with actual notice from 12:00 
p.m. to 10:00 p.m. on July 3-5, 2015, daily. Additionally, prior to the 
fireworks displays, there will be boat races and therefore, for the 
safety of those involved in the boat races as well as the general 
public attempting to transit through this location, a safety zone will 
be enforced. The public will be informed of the enforcement periods by 
local notice to mariners. Should there be any subsequent changes or 
shortening of enforcement periods, the public will be notified via 
broadcast notice to mariners.
    This rule establishing a temporary safety zone is necessary to 
ensure the safety of spectators and vessels from hazards associated 
with the event.
    Deviation from this temporary safety zone is prohibited unless 
specifically authorized by the COTP Pittsburgh, or a designated 
representative. Deviation requests will be considered and reviewed on a 
case-by-case basis.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking.

[[Page 37544]]

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. The temporary safety 
zone will be in effect for ten hours on each of three consecutive days. 
The Coast Guard expects minimum adverse impact to mariners from the 
zone's activation as the event has been advertised to the public. Also, 
mariners may request authorization from the COTP Pittsburgh or the 
designated representative to transit the zone. Notifications to the 
marine community will be made through local notice to mariners and 
broadcast notice to mariners. 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 from mile 0.5 Ohio River up-bound to mile 0.5 on 
the Allegheny River and mile 0.5 on the Monongahela River, extending 
the entire width of the rivers from 12:00 p.m. to 10:00 p.m. on July 3, 
2015 and July 4, 2015 and July 5, 2015. This safety zone will not have 
a significant economic impact on a substantial number of small entities 
because this rule is limited in scope, will only be in effect for a 
limited time period, and notifications to the marine community will be 
made to those that could be operating in the area during the event. 
Additionally, waterway users can use the portions of the channel not 
affected by the safety zone. 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).

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.

[[Page 37545]]

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 temporary safety zone from mile 
0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 
on the Monongahela River, extending the entire width of the rivers. 
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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
2. A new temporary Sec.  165.T08-0436 is added to read as follows:


Sec.  165.T08-0436  Safety Zone; Three Rivers Regatta/Three River 
Regatta and Fireworks, Ohio River mile 0.5 to mile 0.5 on the Allegheny 
River and mile 0.5 on the Monongahela River; Pittsburgh, PA.

    (a) Location. The following area is a safety zone: Ohio River mile 
0.5 to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela 
River.
    (b) Effective date. This rule is effective, and will be enforced 
through actual notice, from July 3, 2015 through July 5, 2015 from 
12:00 p.m. through 10:00 p.m., daily.
    (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) 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 
412-221-0807.
    (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) 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: June 15, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-16251 Filed 6-30-15; 8:45 am]
 BILLING CODE 9110-04-P