Safety Zone; Allegheny River; Pittsburgh, PA, 47993-47996 [2011-19997]

Download as PDF emcdonald on DSK2BSOYB1PROD with RULES Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations reconciliation in Somalia, after advance notification of the proposed export by the United States Government to the UNSC Somalia Sanctions Committee and the absence of a negative decision by that committee. Exemptions from the licensing requirement may not be used with respect to any export to Somalia unless specifically authorized in writing by the Directorate of Defense Trade Controls. (n) Sri Lanka. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Sri Lanka, except that a license or other approval may be issued, on a case-by-case basis, for humanitarian demining. (o) Liberia. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Liberia, except that a license or other approval may be issued, on a case-by-case basis, for: (1) Defense articles and defense services for the Government of Liberia as notified in advance to the Committee of the Security Council concerning Liberia; (2) Defense articles and defense services intended solely for support of or use by the United Nations Mission in Liberia (UNMIL); (3) Personal protective gear temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; and (4) Non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as notified in advance to the Committee of the Security Council concerning Liberia. (p) Fiji. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Fiji, except that a license or other approval may be issued, on a case-by-case basis, for defense articles and defense services intended solely in support of peacekeeping activities. ˆ (q) Cote d’Ivoire. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services ˆ destined for or originating in Cote d’Ivoire, except that a license or other approval may be issued, on a case-bycase basis, for: (1) Defense articles and defense services intended solely for support of VerDate Mar<15>2010 18:19 Aug 05, 2011 Jkt 223001 or use by the United Nations Operations ˆ in Cote d’Ivoire (UNOCI) and the French forces that support them; (2) Non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as approved in advance to the Committee of the ˆ Security Council concerning Cote d’Ivoire; (3) Personal protective gear ˆ temporarily exported to Cote d’Ivoire by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; (4) Supplies temporarily exported to ˆ Cote d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has ˆ consular responsibility in Cote d’Ivoire, as notified in advance to the Committee ˆ of the Security Council concerning Cote d’Ivoire; and (5) Non-lethal equipment intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order, as approved in advance by the Sanctions Committee. (r) Cyprus. It is the policy of the United States to deny licenses or other approvals, for exports or imports of defense articles and defense services destined for or originating in Cyprus, except that a license or other approval may be issued, on a case-by-case basis, for the United Nations Forces in Cyprus (UNFICYP) or for civilian end-users. (s) Zimbabwe. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Zimbabwe, except that a license or other approval may be issued, on a case-by-case basis, for the temporary export of firearms and ammunition for personal use by individuals (not for resale or retransfer, including to the Government of Zimbabwe). Such exports may meet the licensing exemptions of § 123.17 of this subchapter. (t) Lebanon. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Lebanon, except that a license or other approval may be issued, on a case-by-case basis, for the United Nations Interim Force in Lebanon (UNIFIL) and as authorized by the Government of Lebanon. (u) Yemen. It is the policy of the United States to deny licenses or other approvals for exports or imports of PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 47993 defense articles and defense services destined for or originating in Yemen, except that a license or other approval may be issued, on a case-by-case basis, for: (1) Non-lethal defense articles and defense services; and (2) Non-lethal, safety-of-use defense articles (e.g., cartridge actuated devices, propellant actuated devices and technical manuals for military aircraft for purposes of enhancing the safety of the aircraft crew) for lethal end-items. 3. Section 126.14 is amended by revising the section heading to read as follows: ■ § 126.14 Special comprehensive export authorizations for NATO, Australia, Japan, and Sweden. * * * * * Dated: August 1, 2011. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2011–20028 Filed 8–5–11; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0695] RIN 1625–AA00 Safety Zone; Allegheny River; Pittsburgh, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking area on either side of the 13th Street boat ramp), extending 300 feet from the right descending bank. The safety zone is needed to protect the public from the hazards associated with the Guyasuta Days Festival fireworks display. Entry into, movement within, and departure from this temporary safety zone, while it is activated and enforced, is prohibited, unless authorized by the Captain of the Port or a designated representative. SUMMARY: This rule is effective from 9:30 p.m. August 6, 2011 through 11 p.m. August 7, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0695 and are available online by going DATES: E:\FR\FM\08AUR1.SGM 08AUR1 47994 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations to http://www.regulations.gov, inserting USCG–2011–0695 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 temporary rule, call or e-mail Lieutenant Junior Grade Robyn Hoskins, Marine Safety Unit Pittsburgh, Coast Guard; telephone 412–644–5808, e-mail Robyn.G.Hoskins@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with RULES 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. This temporary safety zone will be included in a separate ongoing and upcoming rulemaking project providing notice and comment to update the list of annually recurring events and safety zones in the CFR. Publishing an individual NPRM would be impracticable because immediate action is needed to protect the public from the possible hazards associated with the Guyasuta Days Festival fireworks display that will occur in the city of Pittsburgh, PA on August 6, 2011 (rain date August 7, 2011). 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. This temporary safety zone will be included in a separate ongoing and upcoming rulemaking project providing notice and comment to update the list of annually recurring events and safety zones in the CFR. Publishing an individual NPRM and providing a full 30 day notice and delaying the effective date would be VerDate Mar<15>2010 18:19 Aug 05, 2011 Jkt 223001 impracticable based on the short notice received for the event and the short period that the safety zone will be in place. Immediate action is needed to provide safety and protection during the Guyasuta Days Festival fireworks display that will occur in the city of Pittsburgh, PA on August 6, 2011 (rain date August 7, 2011). Basis and Purpose The Coast Guard is establishing a temporary safety zone on the Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking area on either side of the 13th Street boat ramp), extending 300 feet from the right descending bank. The temporary safety zone is needed to protect the public from the hazards associated with the Guyasuta Days Festival fireworks display. Discussion of Rule The Coast Guard is establishing a temporary safety zone on the Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking area on either side of the 13th Street boat ramp), extending 300 feet from the right 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 will be enforced from 9:30 p.m. to 11 p.m. on August 6, 2011, with a rain date of August 7, 2011 from 9:30 p.m. to 11 p.m. 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Budget has not reviewed it under that Order. Although this regulation will restrict access to the area, the effect of the rule will not be significant because 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. 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 Allegheny River from mile marker 5.7 to mile marker 5.9, 300 feet from the right descending bank from 9:30 p.m. to 11 p.m. on August 6, 2011, with a rain date of August 7, 2011 from 9:30 p.m. to 11 p.m. This temporary safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be enforced for a short period of time, on a weekend day, and during a time when vessel traffic is low. 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). E:\FR\FM\08AUR1.SGM 08AUR1 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations 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 affect 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. emcdonald on DSK2BSOYB1PROD with RULES 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 VerDate Mar<15>2010 18:19 Aug 05, 2011 Jkt 223001 47995 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. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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. Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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 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. This rule involves establishing, disestablishing, or changing Regulated Navigation Areas and security or safety zones. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 List of Subjects in 33 CFR Part 165 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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; 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.T08–0695 to read as follows: ■ § 165.T08–0695 Safety Zone; Allegheny River, Pittsburgh, PA. (a) Location. The following area is a safety zone: All waters of the Allegheny River from mile marker 5.7 to mile marker 5.9, extending 300 feet out from the right descending bank. These markings are based on the USACE’s Allegheny River Navigation Charts (Chart 1, January 2004). (b) Effective date. This rule is effective from 9:30 p.m. August 6, 2011 through 11 p.m. August 7, 2011. (c) Periods of enforcement. This rule will be enforced from 9:30 p.m. through 11 p.m. on August 6, 2011, with a rain date of August 7, 2011 from 9:30 p.m. to 11 p.m. 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 33 CFR part 165, subpart C, 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 E:\FR\FM\08AUR1.SGM 08AUR1 47996 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations 2. In the SUPPLEMENTARY INFORMATION section, under the heading of ‘‘Discussion of Rule,’’ in the first column on page 40618, correct the first sentence to read as follows: patrol personnel. On-scene U.S. Coast Guard patrol personnel includes Commissioned, Warrant, and Petty Officers of the U.S. Coast Guard. Dated: July 18, 2011. R.V. Timme, Commander, U.S. Coast Guard, Captain of the Port Pittsburgh. The temporary security zones established by this rule will prohibit any person or vessel from entering or remaining within 500 yards of the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), CCGS SIYAY, and the USCGC ALERT (WMEC 630) while these vessels are participating in the Parade of Ships and while moored at Pier 66, Terminal 25, and Terminal 46. [FR Doc. 2011–19997 Filed 8–5–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0505] Security Zone; 2011 Seattle Seafair Fleet Week Moving Vessels, Puget Sound, WA; Correction Coast Guard, DHS. Temporary final rule; correction. AGENCY: ACTION: On July 11, 2011 the Coast Guard published a temporary final rule in the Federal Register (76 FR 40617), establishing temporary security zones around visiting foreign and domestic military vessels that are participating the 2011 Seattle’s Seafair Fleet Week. This document corrects the list of visiting military vessels for which the rule will establish security zones. DATES: This correction is effective from 8 a.m. on August 3, 2011 through 5 p.m. on August 8, 2011. FOR FURTHER INFORMATION CONTACT: If you have questions on this correction document, call or e-mail ENS Anthony P. LaBoy, Coast Guard Sector Puget Sound, Waterways Management Division; telephone 206–217–6323, email SectorPugetSoundWWM@uscg.mil. emcdonald on DSK2BSOYB1PROD with RULES SUMMARY: Correction In the temporary final rule FR Doc. 2011–17261, beginning on page 40617 in the Federal Register issue of July 11, 2011, make the following corrections: 1. In the SUMMARY section, on page 40617, starting at the bottom of the 2nd column, correct the first sentence of the SUMMARY to read as follows: The U.S. Coast Guard is establishing temporary security zones around the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), CCGS SIYAY, and the USCGC ALERT (WMEC 630) which include all waters within 500 yards from the vessels while each vessel is participating in the Seafair Fleet Week Parade of Ships and while moored following the parade until departing on August 8, 2011. VerDate Mar<15>2010 18:19 Aug 05, 2011 Jkt 223001 3. In the regulatory text, starting in the second column on page 40619, correct § 165.T13–186 (a) to read as follows: Location: The following areas are security zones: All waters within the Captain of the Port Puget Sound Zone encompassed within 500 yards of the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), CCGS SIYAY, and the USCGC ALERT (WMEC 630) while each vessel is participating in the Seafair Fleet Week Parade of Ships and while moored at Pier 66, Terminal 25, and Terminal 46, Elliott Bay, Seattle, WA. Dated: July 27, 2011. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2011–19995 Filed 8–5–11; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2009–0922; FRL–8878–2] RIN 2070–AB27 Cobalt Lithium Manganese Nickel Oxide; Significant New Use Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is issuing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442–95–1), which was the subject of premanufacture notice (PMN) P–04– 269. This action requires persons who intend to manufacture, import, or process the chemical substance for a use that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. EPA believes that this action is necessary because the chemical substance may be hazardous to human SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 health and the environment. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. DATES: This final rule is effective September 7, 2011. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPPT–2009–0922. All documents in the docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 564–9232; e-mail address: moss.kenneth@epa.gov. For general information contact: The TSCA–Hotline, ABVI–Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; e-mail address: TSCAHotline@epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? You may be potentially affected by this action if you manufacture, import, process, or use the chemical substance E:\FR\FM\08AUR1.SGM 08AUR1

Agencies

[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Rules and Regulations]
[Pages 47993-47996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19997]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0695]
RIN 1625-AA00


Safety Zone; Allegheny River; Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking 
area on either side of the 13th Street boat ramp), extending 300 feet 
from the right descending bank. The safety zone is needed to protect 
the public from the hazards associated with the Guyasuta Days Festival 
fireworks display. Entry into, movement within, and departure from this 
temporary safety zone, while it is activated and enforced, is 
prohibited, unless authorized by the Captain of the Port or a 
designated representative.

DATES: This rule is effective from 9:30 p.m. August 6, 2011 through 11 
p.m. August 7, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0695 and are available online 
by going

[[Page 47994]]

to http://www.regulations.gov, inserting USCG-2011-0695 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 
temporary rule, call or e-mail Lieutenant Junior Grade Robyn Hoskins, 
Marine Safety Unit Pittsburgh, Coast Guard; telephone 412-644-5808, e-
mail Robyn.G.Hoskins@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. This temporary safety zone will be included 
in a separate ongoing and upcoming rulemaking project providing notice 
and comment to update the list of annually recurring events and safety 
zones in the CFR. Publishing an individual NPRM would be impracticable 
because immediate action is needed to protect the public from the 
possible hazards associated with the Guyasuta Days Festival fireworks 
display that will occur in the city of Pittsburgh, PA on August 6, 2011 
(rain date August 7, 2011).
    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. This temporary safety zone will be 
included in a separate ongoing and upcoming rulemaking project 
providing notice and comment to update the list of annually recurring 
events and safety zones in the CFR. Publishing an individual NPRM and 
providing a full 30 day notice and delaying the effective date would be 
impracticable based on the short notice received for the event and the 
short period that the safety zone will be in place. Immediate action is 
needed to provide safety and protection during the Guyasuta Days 
Festival fireworks display that will occur in the city of Pittsburgh, 
PA on August 6, 2011 (rain date August 7, 2011).

Basis and Purpose

    The Coast Guard is establishing a temporary safety zone on the 
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking 
area on either side of the 13th Street boat ramp), extending 300 feet 
from the right descending bank. The temporary safety zone is needed to 
protect the public from the hazards associated with the Guyasuta Days 
Festival fireworks display.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on the 
Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking 
area on either side of the 13th Street boat ramp), extending 300 feet 
from the right 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 will be enforced from 9:30 p.m. to 11 p.m. on August 6, 2011, 
with a rain date of August 7, 2011 from 9:30 p.m. to 11 p.m. 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.
    Although this regulation will restrict access to the area, the 
effect of the rule will not be significant because 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.

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 Allegheny River from mile marker 5.7 to mile marker 
5.9, 300 feet from the right descending bank from 9:30 p.m. to 11 p.m. 
on August 6, 2011, with a rain date of August 7, 2011 from 9:30 p.m. to 
11 p.m.
    This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule will be enforced for a short period of time, on a 
weekend day, and during a time when vessel traffic is low.

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).

[[Page 47995]]

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 affect 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 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. This rule involves establishing, 
disestablishing, or changing Regulated Navigation Areas and security or 
safety zones.
    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 165

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

    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; 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.T08-0695 to read as follows:


Sec.  165.T08-0695  Safety Zone; Allegheny River, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All waters of 
the Allegheny River from mile marker 5.7 to mile marker 5.9, extending 
300 feet out from the right descending bank. These markings are based 
on the USACE's Allegheny River Navigation Charts (Chart 1, January 
2004).
    (b) Effective date. This rule is effective from 9:30 p.m. August 6, 
2011 through 11 p.m. August 7, 2011.
    (c) Periods of enforcement. This rule will be enforced from 9:30 
p.m. through 11 p.m. on August 6, 2011, with a rain date of August 7, 
2011 from 9:30 p.m. to 11 p.m. 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 
33 CFR part 165, subpart C, 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

[[Page 47996]]

patrol personnel. On-scene U.S. Coast Guard patrol personnel includes 
Commissioned, Warrant, and Petty Officers of the U.S. Coast Guard.

    Dated: July 18, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2011-19997 Filed 8-5-11; 8:45 am]
BILLING CODE 9110-04-P