[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Proposed Rules]
[Pages 20140-20142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08193]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0130]
RIN 1625-AA08
Special Local Regulation; Allegheny River Mile Marker 20.5-21.5,
Creighton, PA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation on the waters of the Allegheny River from mile marker
20.5 to mile marker 21.5 in Creighton, PA. This action is necessary to
provide for the safety of life on these navigable waters from potential
hazards during the powerboat regatta for the activities planned from
June 7, 2025, through June 8, 2025. This proposed rulemaking would
prohibit persons and vessels from being in the regulated area unless
authorized by the Captain of the Port Pittsburgh or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 27, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0130 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Brett Lanzel, MSU
Pittsburgh, U.S. Coast Guard; telephone 206-815-6624, 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, Purpose, and Legal Basis
On February 4, 2025, an organization notified the Coast Guard that
it will be conducting a powerboat regatta from 6 a.m. to 6 p.m. on June
7, 2025, and June 8, 2025. The regatta will take place on the Allegheny
River between the Mile Markers 20.5 and 21.5 in Creighton, PA. The
Captain of the Port Pittsburgh (COTP) has determined that potential
hazards associated with the regatta, such as increased vessel traffic,
would be a safety concern for any persons or vessels transiting through
the area of the Allegheny River on the days of the event.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the 1-mile regulated area around the
racecourse before, during, and after the scheduled event. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary special local
regulation from June 7, 2025, through June 8, 2025. The regulated area
would cover all navigable waters from Mile Marker 20.5 to 21.5 on the
Allegheny River located near Creighton, PA. The Coast Guard anticipates
that this regulated area will be enforced between the hours of 5 a.m.
and 7 p.m. each day. The duration of the regulation is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled event. No vessel or person would be permitted
to enter the regulated area without obtaining permission from the COTP
or a designated representative. The regulatory text we are proposing
appears at the end of this document.
IV. 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 and Executive orders.
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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM 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 special local regulation. This
regulation impacts only a one mile stretch of the Allegheny River
starting June 7, 2025, through June 8, 2025. The regulation will be
enforced only during the event, which is anticipated to take place over
a two-day period. Vessel traffic will be permitted to transit the area
at other times. Moreover, the Coast Guard will issue Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine
Safety Information Bulletins (MSIBs), via VHF-FM marine channel 13 or
16 about the regulated area and the rule allows vessels to seek
permission from the COTP to transit the regulated 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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
[[Page 20141]]
this rulemaking would economically affect it.
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 proposed 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. 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.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 a
temporary special local regulation that impacts only a one mile stretch
of the Allegheny River starting June 7, 2025, at 5 a.m., through June
8, 2025, at 7 p.m. Normally such actions are categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0130 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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
proposing to amend 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.T899-0130 to read as follows:
Sec. 100.T899-0130 Special Local Regulation; Iron City Classic
Regatta, Creighton, PA.
(a) Regulated area. All navigable waters on the Allegheny River
between mile marker 20.5 and mile marker 21.5.
(b) Definitions. As used in this section:
Designated representative means a Coast Guard Patrol Commander,
including any commissioned, warrant, petty officer, a Coast Guard
coxswain, petty officer, or other officer operating a Coast Guard
vessel, or any Federal, State, or local law enforcement officer who has
been designated by the Captain of the Port Pittsburgh (COTP) to act on
his or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
[[Page 20142]]
Official patrol vessels mean any Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels assigned or approved by the
COTP to enforce this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the parade.
(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 COTP or the COTP's designated representative.
(2) Any person or vessel permitted to enter the regulated area
shall comply with the directions and orders of the COTP or the COTP's
designated representative. Any vessel that is granted permission to
enter or remain in the regulated area by the COTP or the COTP's
designated representative must proceed through the area with caution
and operate at a speed no faster than that speed necessary to maintain
a safe course, unless otherwise required by the Inland Navigation Rules
as set forth in 33 CFR chapter I, subchapter E.
(3) To seek permission to enter the regulated area, contact the
COTP or the COTP's representative by VHF Channel 13 or 16, or through
the Marine Safety Unit Pittsburgh at 206-815-6624.
(d) Enforcement period. The regulated area in paragraph (a) of this
section is in effect from June 7, 2025, through June 8, 2025. The
regulated area will be enforced for approximately 14 hours each day of
the event, between the hours of 5 a.m. and 7 p.m. The COTP, or a
designated representative, will inform the public through written Local
Notice to Mariners, and Broadcast Notice to Mariners via VHF-FM marine
channel 13 or 16, of the enforcement period of the regulated area.
Dated: March 31, 2025.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2025-08193 Filed 5-9-25; 8:45 am]
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