[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Rules and Regulations]
[Pages 25493-25494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08904]



[[Page 25493]]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0254]
RIN 1625-AA08


Special Local Regulation: Safety Zone, Monongahela River Mile 
Marker 89.8 to Mile Marker 90.8, Point Marion, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the waters of the Monongahela River from mile marker 89.8 to mile 
marker 90.8. This action is necessary to provide for the safety of life 
on these navigable waters during a power boat race on May 27 and May 
28, 2023. This rulemaking prohibits persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Pittsburgh 
or a designated representative.

DATES: This rule is effective from 8 a.m. on May 27, 2023, through 8 
p.m. on May 28, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0254 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Eyobe Mills, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish this safety zone by May 27, 2023 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Pittsburgh (COTP) has determined that 
potential hazards associated with the boat race starting on May 27, 
2023, will be a safety concern for anyone on the Monongahela River 
within a mile marker 89.8 and 90.8. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 8 p.m. on 
May 27 and May 28, 2023. The safety zone will cover all navigable 
waters on Monongahela River, within mile marker 89.8 and 90.8. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during a boat race.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard (USCG) assigned to units under the operational 
control of the COTP. To seek permission to enter, contact the COTP or a 
designated representative via VHF-FM channel 13 or 16, or through 
Marine Safety Unit Pittsburgh at 412-221-0807. Persons and vessels 
permitted to enter the safety zone must comply with all lawful orders 
or directions issued by the COTP or designated representative. The COTP 
or a designated representative will inform the public of the effective 
period for the safety zone as well as any changes in the dates and 
times of enforcement through Local Notice to Mariners (LNMs), Broadcast 
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins 
(MSIBs), as appropriate.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. This safety zone 
impacts only a one-mile stretch of the Monongahela River for 12 hours a 
day starting May 27, 2023, at 8 a.m. until May 28, 2023, at 8 p.m. 
Vessel traffic will be informed about the safety zone through local 
notices to mariners. Moreover, the Coast Guard will issue LNMs, MSIBs, 
and/or BNMs via VHF-FM marine channel 13 or 16 about the zone and the 
rule allows vessels to seek permission from the COTP to transit the 
zone.

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 
safety zone 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), 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 25494]]

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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 a 
safety zone that impacts only a one-mile stretch of the Monongahela 
River for 12 hours a day starting May 27, 2023, at 8 a.m. until May 28, 
2023, at 8 p.m. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, Waterways.

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T08-0254 to read as follows:


Sec.  100.T08-0254 2023  Powerboat National's Point Marion Regatta, 
Point Marion, Pennsylvania.

    (a) Regulated area. The regulations in this section apply to the 
following area: All waters of the Monongahela River, from surface to 
bottom, between mile markers 89.8 to 90.8.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Pittsburgh (COTP) in 
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participant in the race.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port Pittsburgh or their designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 13 or 16. Those in the regulated area 
must comply with all lawful orders or directions given to them by the 
COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Enforcement periods. This section will be subject to 
enforcement from 8 a.m. through 8 p.m. each day on May 27 and 28, 2023.

Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2023-08904 Filed 4-26-23; 8:45 am]
BILLING CODE 9110-04-P