Special Local Regulation; Allegheny River, Pittsburgh, PA, 27892-27895 [2011-11785]
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27892
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
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.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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.
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Jkt 223001
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 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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR Part 100 applicable to
organized marine events on the
navigable waters of the United States
that could negatively impact the safety
of waterway users and shore side
activities in the event area. The category
of water activities includes but is not
limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, canoe and sail
board racing. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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 amends 33
CFR part 100 as follows:
38°58′21″ N, longitude 076°28′26″ W.
All coordinates reference Datum NAD
1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) All Coast Guard vessels enforcing
this regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz).
(3) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 6 a.m. until 9 a.m.
on May 14, 2011.
Dated: April 20, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2011–11729 Filed 5–12–11; 8:45 am]
BILLING CODE 9110–04–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Coast Guard
Authority: 33 U.S.C. 1233.
2. Add a temporary section, § 100.35–
T05–0046 to read as follows:
■
§ 100.35–T05–0046 Special Local
Regulations for Marine Events; Severn
River, Spa Creek and Annapolis Harbor,
Annapolis, MD.
(a) Regulated area. The following
location is a regulated area: All waters
of the Spa Creek and Annapolis Harbor,
within lines connecting the following
positions: from position latitude
38°58′34″ N, longitude 076°29′05″ W,
thence to position latitude 38°58′27″ N,
longitude 076°28′55″ W, and from
position latitude 38°58′53″ N, longitude
076°28′34″ W to position latitude
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DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 100
[Docket No. USCG–2011–0160]
RIN 1625–AA08
Special Local Regulation; Allegheny
River, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation from the Point State Park
(mile marker 0.0) to the River Rescue
station (mile marker 0.5) on the
Allegheny River, extending 200 feet out
SUMMARY:
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
from the right descending bank. The
special local regulation is being
established to safeguard participants of
the Venture Outdoors Festival from the
hazards of marine traffic. Entry into,
movement within, and departure from
this Coast Guard regulated area, while it
is activated and enforced, is prohibited,
unless authorized by the Captain of the
Port or a designated representative.
DATES: This proposed rule is effective
from 10:30 a.m. until 6 p.m. on May 21,
2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0160 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0160 in the ‘‘Keyword″
box, and then clicking ‘‘Search.″ They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail ENS Robyn Hoskins,
Marine Safety Unit Pittsburgh, Coast
Guard; telephone 412–644–5808 Ext.
2140, e-mail
Robyn.G.Hoskins@uscg.mil. If you have
questions on viewing or submitting
material to 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).
Publishing a NPRM would be
impracticable with respect to this rule
because immediate action is needed to
safeguard participants during the
Venture Outdoors Festival marine event
from the hazards imposed by marine
traffic. The date of the Venture Outdoors
Festival is tied to numerous other events
and cannot be changed at this time. In
addition, because the regulation is for
one day only, applies to a small portion
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of the river and will not impede
navigation of the river, the Coast Guard
believes that the restriction on marine
traffic will be so minimal as to make full
notice & comment procedures
unnecessary.
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
impracticable based on the short notice
received for the event and the short
period that the special local regulation
will be in place. Immediate action is
needed to provide safety and protection
during the Venture Outdoors Festival
marine event that will occur in the city
of Pittsburgh, PA. The date of the
Venture Outdoors Festival is tied to
numerous other events and cannot be
changed at this time. In addition,
because the regulation is for one day
only, applies to a small portion of the
river and will not impede navigation of
the river, the Coast Guard believes that
the restriction on marine traffic will be
so minimal as to make full notice &
comment procedures unnecessary.
Basis and Purpose
The Coast Guard is establishing a
temporary special local regulation from
the Point State Park (mile marker 0.0) to
the River Rescue station (mile marker
0.5) on the Allegheny River, extending
200 feet out from the right (descending
bank. The special local regulation is
being established to safeguard
participants of the Venture Outdoors
Festival from the hazards of marine
traffic.
Discussion of Rule
The Captain of the Port Pittsburgh is
establishing a temporary special local
regulation from the Point State Park
(mile marker 0.0) to the River Rescue
station (mile marker 0.5) on the
Allegheny River, extending 200 feet out
from the right descending bank. The
special local regulation is being
established to safeguard participants of
the Venture Outdoors Festival from the
hazards of marine traffic that will occur
in the city of Pittsburgh, PA. Persons or
vessels shall not enter into, depart from,
or move within the regulated area
without permission from the Captain of
the Port Pittsburgh or his authorized
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 10:30 a.m. to 6 p.m. on
May 21, 2011. The Captain of the Port
Pittsburgh will inform the public
through broadcast notices to mariners of
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27893
the enforcement period for the special
local regulation 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 only be in effect
for less than one day and notifications
to the marine community will be made
through broadcast notice to mariners.
The impacts on routine navigation are
expected to be minimal.
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 the Point State
Park (mile marker 0.0) to the River
Rescue station (mile marker 0.5) on the
Allegheny River, from 10:30 a.m. to
6 p.m. on May 21, 2011. The special
local regulation will not have a
significant economic impact on a
substantial number of small entities
because this rule will only be in effect
for less than one day.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this 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
this rule would economically affect it.
E:\FR\FM\13MYR1.SGM
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27894
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
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.
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.
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.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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.
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.
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Jkt 223001
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.
PO 00000
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Fmt 4700
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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 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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h.), of the Instruction. This rule
involves establishing a special local
regulation, requiring a permit wherein
an analysis of the environmental impact
of the regulations was performed. Under
figure 2–1, paragraph (34)(h.), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule.
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 amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T08–0160 to read as
follows:
■
§ 100.T08–0160 Special Local Regulation;
Allegheny River, Pittsburgh, PA.
(a) Location. The following area is a
regulated area: All waters of the
Allegheny River, from surface to bottom,
from mile marker 0.0 to mile marker 0.5,
extending 200 feet out from the right
descending bank. These markings are
based on the USACE’s Allegheny River
Navigation Charts (Chart 1, January
2004).
(b) Periods of Enforcement. This rule
will only be enforced from 10:30 a.m.
through 6 p.m. on May 21, 2011. The
Captain of the Port Pittsburgh or a
designated representative will inform
the public through broadcast notices to
mariners of changes to the enforcement
period for the regulated area.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
this part, entry into this regulated area
is prohibited unless authorized by the
Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry
into, departure from, or passage through
a regulated area 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: April 8, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2011–11785 Filed 5–12–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0325]
RIN 1625–A008
Safety Zone; 2011 Memorial Day
Tribute Fireworks, Lake Charlevoix,
Boyne City, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Charlevoix near Boyne City,
Michigan. This zone is intended to
restrict vessels from a portion of Lake
Charlevoix due to a fireworks display.
This temporary safety zone is necessary
to protect the surrounding public and
vessels from the hazards associated with
a fireworks display.
DATES: This rule is effective from 10
p.m. until 10:45 p.m. on May 28, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0325 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0325 in the ‘‘Keyword″
box, and then clicking ‘‘Search.″ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
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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 temporary
rule, call or e-mail MST1 Aaron Woof,
U.S. Coast Guard, Sector Sault Sainte
Marie, telephone 906–253–2423, e-mail
at Aaron.M.Woof@uscg.mil. 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 doing
so would be impracticable and contrary
to the public interest. Delaying this rule
to wait for a notice and comment period
to run would be impracticable and
contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect the public from the hazards
associated with maritime fireworks
displays.
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. For the same reasons
discussed in the preceding paragraph, a
30 day notice period would be
impracticable and contrary to the public
interest.
Background and Purpose
On May 28, 2011 fireworks will be
launched from a point on Lake
Charlevoix to commemorate Memorial
Day. The Captain of the Port, Sector
Sault Sainte Marie, has determined that
the Memorial Day Tribute Fireworks
Display will pose significant risks to the
public. The likely congested waterways
in the vicinity of a fireworks display
could easily result in serious injuries or
fatalities.
Discussion of Rule
To mitigate the risks associated with
the Memorial Day Tribute Fireworks
Display, the Captain of the Port, Sector
Sault Sainte Marie will enforce a
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27895
temporary safety zone in the vicinity of
the launch site. This safety zone will
encompass all waters of Lake
Charlevoix, in the vicinity of Sommerset
Pointe, within the arc of a circle with an
800ft radius from the fireworks launch
site located on a barge positioned
45°13′04″ N, 085°03′41″ W [DATUM:
NAD 83].
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Sault Sainte Marie, or his or
her on-scene representative. The
Captain of the Port, Sector Sault Sainte
Marie, or his or her on-scene
representative may be contacted via
VHF channel 16.
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. We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone will be relatively small and will
exist for only a minimal time. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by proper authority.
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 might be small
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]]>Agencies
[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27892-27895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11785]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0160]
RIN 1625-AA08
Special Local Regulation; Allegheny River, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation from the Point State Park (mile marker 0.0) to the River
Rescue station (mile marker 0.5) on the Allegheny River, extending 200
feet out
[[Page 27893]]
from the right descending bank. The special local regulation is being
established to safeguard participants of the Venture Outdoors Festival
from the hazards of marine traffic. Entry into, movement within, and
departure from this Coast Guard regulated area, while it is activated
and enforced, is prohibited, unless authorized by the Captain of the
Port or a designated representative.
DATES: This proposed rule is effective from 10:30 a.m. until 6 p.m. on
May 21, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0160 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0160 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail ENS Robyn Hoskins, Marine Safety Unit Pittsburgh,
Coast Guard; telephone 412-644-5808 Ext. 2140, e-mail
Robyn.G.Hoskins@uscg.mil. If you have questions on viewing or
submitting material to 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).
Publishing a NPRM would be impracticable with respect to this rule
because immediate action is needed to safeguard participants during the
Venture Outdoors Festival marine event from the hazards imposed by
marine traffic. The date of the Venture Outdoors Festival is tied to
numerous other events and cannot be changed at this time. In addition,
because the regulation is for one day only, applies to a small portion
of the river and will not impede navigation of the river, the Coast
Guard believes that the restriction on marine traffic will be so
minimal as to make full notice & comment procedures unnecessary.
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 impracticable based on the short notice
received for the event and the short period that the special local
regulation will be in place. Immediate action is needed to provide
safety and protection during the Venture Outdoors Festival marine event
that will occur in the city of Pittsburgh, PA. The date of the Venture
Outdoors Festival is tied to numerous other events and cannot be
changed at this time. In addition, because the regulation is for one
day only, applies to a small portion of the river and will not impede
navigation of the river, the Coast Guard believes that the restriction
on marine traffic will be so minimal as to make full notice & comment
procedures unnecessary.
Basis and Purpose
The Coast Guard is establishing a temporary special local
regulation from the Point State Park (mile marker 0.0) to the River
Rescue station (mile marker 0.5) on the Allegheny River, extending 200
feet out from the right (descending bank. The special local regulation
is being established to safeguard participants of the Venture Outdoors
Festival from the hazards of marine traffic.
Discussion of Rule
The Captain of the Port Pittsburgh is establishing a temporary
special local regulation from the Point State Park (mile marker 0.0) to
the River Rescue station (mile marker 0.5) on the Allegheny River,
extending 200 feet out from the right descending bank. The special
local regulation is being established to safeguard participants of the
Venture Outdoors Festival from the hazards of marine traffic that will
occur in the city of Pittsburgh, PA. Persons or vessels shall not enter
into, depart from, or move within the regulated area without permission
from the Captain of the Port Pittsburgh or his authorized
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 10:30 a.m. to 6 p.m. on May 21, 2011. The Captain of the
Port Pittsburgh will inform the public through broadcast notices to
mariners of the enforcement period for the special local regulation 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 only be in effect for less
than one day and notifications to the marine community will be made
through broadcast notice to mariners. The impacts on routine navigation
are expected to be minimal.
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 the Point State Park (mile marker
0.0) to the River Rescue station (mile marker 0.5) on the Allegheny
River, from 10:30 a.m. to 6 p.m. on May 21, 2011. The special local
regulation will not have a significant economic impact on a substantial
number of small entities because this rule will only be in effect for
less than one day.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 this rule would economically affect it.
[[Page 27894]]
Assistance for Small Entities
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 (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.
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.
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 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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h.),
of the Instruction. This rule involves establishing a special local
regulation, requiring a permit wherein an analysis of the environmental
impact of the regulations was performed. Under figure 2-1, paragraph
(34)(h.), of the Instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
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 amends
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: 33 U.S.C. 1233.
0
2. Add Sec. 100.T08-0160 to read as follows:
Sec. 100.T08-0160 Special Local Regulation; Allegheny River,
Pittsburgh, PA.
(a) Location. The following area is a regulated area: All waters of
the Allegheny River, from surface to bottom, from mile marker 0.0 to
mile marker 0.5, extending 200 feet out from the right descending bank.
These markings are based on the USACE's Allegheny River Navigation
Charts (Chart 1, January 2004).
(b) Periods of Enforcement. This rule will only be enforced from
10:30 a.m. through 6 p.m. on May 21, 2011. The Captain of the Port
Pittsburgh or a designated representative will inform the public
through broadcast notices to mariners of changes to the enforcement
period for the regulated area.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of
[[Page 27895]]
this part, entry into this regulated area is prohibited unless
authorized by the Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry into, departure from, or
passage through a regulated area 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: April 8, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2011-11785 Filed 5-12-11; 8:45 am]
BILLING CODE 9110-04-P
