Safety Zone; Allegheny River, Pittsburgh, PA, 20588-20590 [E9-10242]
Download as PDF
20588
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
dates are: May 2, May 30, June 27, July
18, August 8, September 5, and
September 26, 2009. The Captain of the
Port 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.
(d) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Pittsburgh.
(2) Persons or vessels requiring entry
into or passage through a safety zone
must request permission from the
Captain of the Port Pittsburgh or a
designated representative. They may be
contacted on VHF–FM Channel 13 or
16, or through Coast Guard Sector Ohio
Valley at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
Dated: March 9, 2009.
S.M. Wischmann,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. E9–10240 Filed 5–4–09; 8:45 am]
BILLING CODE 4910–15–P
DATES: This rule is effective from 11
a.m. until 6 p.m. on May 16, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0175 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0175 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at two locations: The 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the U.S.
Coast Guard Marine Safety Unit
Pittsburgh, Suite 1150 Town Place, 100
Forbes Avenue, Pittsburgh, PA 15222,
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Junior Grade
Douglas Kang, Marine Safety Unit
Pittsburgh, telephone 412–644–5808. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0175]
RIN 1625–AA00
Safety Zone; Allegheny River,
Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard has
established a temporary safety zone
from mile marker 0.0 (Point State Park)
on the Allegheny River to mile marker
1.0 (Norfolk and Southern Railroad
Bridge), extending 328 feet out from the
left descending bank. This safety zone is
needed to protect spectators and vessels
from the hazards associated with the
Venture Outdoors Festival event. Entry
into this zone is prohibited, unless
specifically authorized by the Captain of
the Port Pittsburgh or a designated
representative.
VerDate Nov<24>2008
22:59 May 04, 2009
Jkt 217001
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 publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to protect
participant and spectator craft from the
hazards associated with the Venture
Outdoors Festival event.
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. Publishing an NPRM and
delaying its effective date would be
contrary to public interest because
immediate action is needed to protect
participant and spectator craft from the
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
hazards associated with the Venture
Outdoors Festival event.
Background and Purpose
The Coast Guard has established a
temporary safety zone from mile marker
0.0 (Point State Park) on the Allegheny
River to mile marker 1.0 (Norfolk and
Southern Railroad Bridge), extending
328 feet out from the left descending
bank. This safety zone is needed to
protect spectators and vessels from the
hazards associated with the Venture
Outdoors Festival event.
Discussion of Rule
The Captain of the Port Pittsburgh is
establishing a safety zone from mile
marker 0.0 (Point State Park) on the
Allegheny River to mile marker 1.0
(Norfolk and Southern Railroad Bridge),
extending 328 feet out from the left
descending bank. Vessels shall not enter
into, depart from, or move within this
safety zone without permission from the
Captain of the Port Pittsburgh or his
authorized representative. Persons or
vessels requiring entry into or passage
through a safety zone must request
permission from the Captain of the Port
Pittsburgh, or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465. This rule is
effective from 11 a.m. until 6 p.m. on
May 16, 2009. The Captain of the Port
Pittsburgh 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.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This rule will be in effect for a short
period of time and notifications to the
marine community will be made
through broadcast notices to mariners.
The impacts on routine navigation are
expected to be minimal.
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
20589
Small Entities
Collection of Information
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 that portion
of the waterways from mile marker 0.0
(Point State Park) on the Allegheny
River to mile marker 1.0 (Norfolk and
Southern Railroad Bridge), extending
328 feet out from the left descending
bank from 11 a.m. to 6 p.m. on
Saturday, May 16, 2009. This safety
zone will not have a significant
economic impact on a substantial
number of small entities because this
rule will only be in effect for a short
period of time.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
Assistance for Small Entities
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
VerDate Nov<24>2008
22:59 May 04, 2009
Jkt 217001
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
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.
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.
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
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Fmt 4700
Sfmt 4700
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 0023–01 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 concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g.), of the Instruction, from further
environmental documentation.
Under figure 2–1, paragraph (34)(g.),
of the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
E:\FR\FM\05MYR1.SGM
05MYR1
20590
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
Dated: March 31, 2009.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port Pittsburgh.
[FR Doc. E9–10242 Filed 5–4–09; 8:45 am]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
BILLING CODE 4910–15–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
POSTAL SERVICE
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Rules of Practice Before the Postal
Service Board of Contract Appeals
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0175 to read as
follows:
■
§ 165.T08–0175 Safety Zone; Allegheny
River, Pittsburgh, PA.
(a) Location. The following area is a
Safety Zone: the portion of the
waterways from mile marker 0.0 (Point
State Park) on the Allegheny River to
mile marker 1.0 (Norfolk and Southern
Railroad Bridge), extending 328 feet out
from the left descending bank.
(b) Effective date. This rule is effective
from 11 a.m. until 6 p.m. on May 16,
2009.
(c) Periods of Enforcement. This rule
will only be enforced from 11 a.m. until
6 p.m. on May 16, 2009. The Captain of
the Port 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.
(d) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Pittsburgh.
(2) Persons or vessels requiring entry
into or passage through a safety zone
must request permission from the
Captain of the Port Pittsburgh or a
designated representative. They may be
contacted on VHF–FM Channel 13 or
16, or through Coast Guard Sector Ohio
Valley at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
VerDate Nov<24>2008
22:59 May 04, 2009
Jkt 217001
39 CFR Part 955
Postal Service.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document contains the
final revisions to the rules of procedure
before the Postal Service Board of
Contract Appeals (Board), which will
govern all proceedings before the Board.
These rules of procedure completely
replace and supersede the prior rules.
DATES: Effective Date: June 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Administrative Judge Gary E. Shapiro,
Board Member, (703) 812–1910.
SUPPLEMENTARY INFORMATION: On
February 11, 2009, the Board published
for comment a proposed revision to the
rules governing practice before the
Board (74 FR 6845). Following the
receipt of comments, the Board has
made further revisions to its original
proposal, as discussed below, and has
determined that it is appropriate to
adopt the rules of practice, as revised.
The Board has also determined that it is
appropriate to make these rules of
practice effective on June 1, 2009, in the
interest of orderly public
administration.
A. Executive Summary
The rules governing proceedings
involving contract disputes before the
Postal Service Board of Contract
Appeals are set forth in 39 CFR Part 955.
The Board has adopted these rules
pursuant to its authority contained in
the Contract Disputes Act of 1978 (41
U.S.C. 601–613).
B. Background
The Board published proposed rules
and a request for comments in the
Federal Register on February 11, 2009
(74 FR 6845). This notice announced the
intention to promulgate final rules of
procedure, following the Board’s review
and consideration of all comments. The
period for comments closed on March
13, 2009. The Board has considered all
comments received, has revised the
proposed rules as explained below, and
now promulgates its final rules of
procedure.
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C. Summary of Comments and Changes
The Board received comments from
three sources: the General Counsel’s
Office of the United States Postal
Service, which represents the Postal
Service in all Board proceedings; a law
firm which practices regularly before
the Board; and a bar association whose
members practice before the various
boards of contract appeals. The Board
carefully considered each comment and
adopted several of the suggestions
made. The more significant of those
comments are discussed below.
Section 955.1 Jurisdiction, Procedure,
Service of Documents
The Board adopted a comment that
the Board’s working hours be specified
for purposes of filing. The same
commenter suggested that the Board
address electronic filing, and adopt it as
soon as possible. The Board recognizes
advantages of electronic filing but is not
presently in a position to provide a
system to implement electronic filing.
Electronic service between parties is not
prohibited by the rules.
The Board adopted a comment to
include an exception to the new
requirement that requests for extensions
of time must represent that the moving
party has contacted the opposing party
about the request, for situations in
which the moving party unsuccessfully
has made reasonable and good faith
efforts to do so. The Board also adopted
a comment concerning filings by fax and
clarified that such filings are to be
followed by filing by mail.
Section 955.3
Appeal
Contents of Notice of
One commenter suggested that the
Board identify the presiding judge and
indicate the availability of alternative
dispute resolution early in the
proceedings. The Board’s existing
practice already includes identifying in
the Notice of Docketing the availability
of and providing information about
alternative dispute resolution. The
Board deems it advisable to leave
further discussion of alternative dispute
resolution to the discretion of the
presiding judge based upon the
circumstances of the appeal. The
Board’s practice has been not to assign
a presiding judge formally to permit
flexibility within the Board. Parties
wishing to contact the presiding judge
should inquire with the Board’s
Recorder.
The Board adopted a comment
clarifying identification of the contract
at issue in notices of appeal.
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20588-20590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10242]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0175]
RIN 1625-AA00
Safety Zone; Allegheny River, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has established a temporary safety zone from
mile marker 0.0 (Point State Park) on the Allegheny River to mile
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet
out from the left descending bank. This safety zone is needed to
protect spectators and vessels from the hazards associated with the
Venture Outdoors Festival event. Entry into this zone is prohibited,
unless specifically authorized by the Captain of the Port Pittsburgh or
a designated representative.
DATES: This rule is effective from 11 a.m. until 6 p.m. on May 16,
2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0175 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0175
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: The 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the U.S.
Coast Guard Marine Safety Unit Pittsburgh, Suite 1150 Town Place, 100
Forbes Avenue, Pittsburgh, PA 15222, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Douglas Kang, Marine
Safety Unit Pittsburgh, telephone 412-644-5808. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to protect
participant and spectator craft from the hazards associated with the
Venture Outdoors Festival event.
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. Publishing an NPRM and delaying
its effective date would be contrary to public interest because
immediate action is needed to protect participant and spectator craft
from the hazards associated with the Venture Outdoors Festival event.
Background and Purpose
The Coast Guard has established a temporary safety zone from mile
marker 0.0 (Point State Park) on the Allegheny River to mile marker 1.0
(Norfolk and Southern Railroad Bridge), extending 328 feet out from the
left descending bank. This safety zone is needed to protect spectators
and vessels from the hazards associated with the Venture Outdoors
Festival event.
Discussion of Rule
The Captain of the Port Pittsburgh is establishing a safety zone
from mile marker 0.0 (Point State Park) on the Allegheny River to mile
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet
out from the left descending bank. Vessels shall not enter into, depart
from, or move within this safety zone without permission from the
Captain of the Port Pittsburgh or his authorized representative.
Persons or vessels requiring entry into or passage through a safety
zone must request permission from the Captain of the Port Pittsburgh,
or a designated representative. They may be contacted on VHF-FM Channel
13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-253-7465.
This rule is effective from 11 a.m. until 6 p.m. on May 16, 2009. The
Captain of the Port Pittsburgh 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.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This rule will be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notices to mariners. The impacts on routine navigation are expected to
be minimal.
[[Page 20589]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
that portion of the waterways from mile marker 0.0 (Point State Park)
on the Allegheny River to mile marker 1.0 (Norfolk and Southern
Railroad Bridge), extending 328 feet out from the left descending bank
from 11 a.m. to 6 p.m. on Saturday, May 16, 2009. This safety zone will
not have a significant economic impact on a substantial number of small
entities because this rule will only be in effect for a short period of
time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 0023-01 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 concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded, under figure 2-
1, paragraph (34)(g.), of the Instruction, from further environmental
documentation.
Under figure 2-1, paragraph (34)(g.), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
[[Page 20590]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0175 to read as follows:
Sec. 165.T08-0175 Safety Zone; Allegheny River, Pittsburgh, PA.
(a) Location. The following area is a Safety Zone: the portion of
the waterways from mile marker 0.0 (Point State Park) on the Allegheny
River to mile marker 1.0 (Norfolk and Southern Railroad Bridge),
extending 328 feet out from the left descending bank.
(b) Effective date. This rule is effective from 11 a.m. until 6
p.m. on May 16, 2009.
(c) Periods of Enforcement. This rule will only be enforced from 11
a.m. until 6 p.m. on May 16, 2009. The Captain of the Port 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.
(d) 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
Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry into or passage through a
safety zone must request permission from the Captain of the Port
Pittsburgh or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at
1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
Dated: March 31, 2009.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Pittsburgh.
[FR Doc. E9-10242 Filed 5-4-09; 8:45 am]
BILLING CODE 4910-15-P