[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53269-53270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19138]



[[Page 53269]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0541]
RIN 1625-AA08


Special Local Regulation; Allegheny River Mile 0.0-1.5; 
Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Allegheny River mile 0.0-1.5. This special local 
regulation is necessary to provide safety for the participants in the 
``Pittsburgh Triathlon and Adventure Race'' marine event. This 
rulemaking prohibits persons and vessels from being in the special 
local regulated area unless authorized by the Captain of the Port 
Pittsburgh or a designated representative.

DATES: This rule is effective from 6 a.m. on August 13, 2016, through 9 
a.m. on August 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0541 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, 
U.S. Coast Guard, at telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    This annually recurring event and special local regulation is 
currently listed as the ``Friends of the Riverfront Inc./Pittsburgh 
Triathlon and Adventure Races'' under 33 CFR 100.801, Table 1, line no. 
21, scheduled for two days during the last two weekends in July or 
first weekend of August. This year the event sponsor changed the date 
to the second weekend of August, and informed the Coast Guard of this 
date change on June 6. The event will consist of at least 400 swimmers 
and takes place on the Allegheny River. This temporary final rule 
reflects the date changes to the event. The Captain of the Port 
Pittsburgh (COTP) has determined that the special local regulation 
under 33 CFR 100.801 is still necessary to protect participants, 
spectators, and waterway users during this event.
    The Coast Guard is issuing this temporary 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.'' It is impracticable to publish an NPRM because we must 
establish this special local regulation by August 13, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to establish a special local regulation to 
protect participants of the ``Pittsburgh Triathlon and Adventure Race'' 
beginning on August 13, 2016 to August 14, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Pittsburgh (COTP) has determined the need 
to protect participants during the ``Pittsburgh Triathlon and Adventure 
Race'' from 6 a.m. to 9 a.m. on August 13, 2016 and August 14, 2016. 
This rule is needed to protect personnel, vessels, and these navigable 
waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    The Captain of the Port Pittsburgh is establishing this special 
local regulated area from 6 a.m. to 9 a.m. on August 13, 2016 and 
August 14, 2016 for all waters of the Allegheny River mile 0.0-1.5. The 
duration of the special local regulated area is intended to ensure the 
safety of vessels, participants, spectators and other waterway users 
before, during, and after the scheduled event. No vessel or person is 
permitted to enter the special local regulated area without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are establishing appears at the end of this document.

V. 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 and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulated 
area.
    This special local regulation restricts transit on the Allegheny 
River from mile 0.0-1.5 for a short duration of 3 hours each day. 
Vessel traffic will be informed about the special local regulated area 
through local notices to mariners. Moreover, the Coast Guard will issue 
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the 
area and the rule allows vessels to seek permission to transit the 
area.

B. 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.
    While some owners or operators of vessels intending to transit the 
special local regulated area may be small entities, for the reasons 
stated in section V.A above this rule will not have a significant 
economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121),

[[Page 53270]]

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 section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 involves special local regulated area that would prohibit entry to 
unauthorized vessels. It is categorically excluded from further review 
under paragraph 34(h) 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.

G. 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.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0541 to read as follows:


Sec.  100.35T08-0541  Special Local Regulation; Allegheny River Mile 
0.0 to 1.5, Pittsburgh, PA.

    (a) Location. All waters of the Allegheny River beginning at mile 
marker 0.0 and ending at mile marker 1.5 at Pittsburgh, PA.
    (b) Periods of Enforcement. This rule will be enforced from 6 a.m. 
to 9 a.m. on August 13, 2016 and August 14, 2016. The COTP or a 
designated representative will inform the public through broadcast 
notice to mariners of the enforcement period for the special local 
regulation.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, entry into this area is prohibited unless 
authorized by the COTP or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the COTP or a designated 
representative. The COTP representative may be contacted at 412-221-
0807.

L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-19138 Filed 8-11-16; 8:45 am]
 BILLING CODE 9110-04-P