Safety Zone; Pittsburgh, PA; Ice Accumulations; Allegheny River Mile 1.0-72.0, 14845-14847 [2015-06356]
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
If
you have questions on this temporary
deviation, call or email Mr. Steven M.
Fischer, Thirteenth Coast Guard District
Bridge Administrator; telephone 206–
220–7282, email: d13-pf-d13bridges@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The South
Park highway bridge is a double bascule
span drawbridge that requires under
bridge maintenance. King County Road
Services Division requested a deviation
to the published drawbridge operation
schedule to enable timely completion of
the required bridge maintenance. The
South Park highway bridge is located in
the Duwamish Waterway, mile 3.8, at
Seattle, WA, and provides 34.8 feet of
vertical clearance at center span while
in the closed position, 30 feet of vertical
clearance at the extreme east and west
ends of the navigable channel, and
unlimited vertical clearance with half of
the bascule bridge in the fully open
position. Vertical clearances are
referenced to mean high-water elevation
(MHW). Horizontal clearance is 128 feet.
However, horizontal clearance may be
restricted by construction barges.
The normal operation schedule for the
bridge is in 33 CFR 117.1041, which
specifies that the draws of each bridge
across the Duwamish Waterway shall
open on signal, except the draw of the
South Park highway bridge, mile 3.8,
which need not be opened for the
passage of vessels from 6:30 a.m. to 8:00
a.m. and 3:30 p.m. to 5:00 p.m., Monday
through Friday, except Federal holidays.
The deviation period is effective from
12:01 a.m. on March 17, 2015 to 11:59
p.m. on March 28, 2015, and allows the
drawbridge to remain closed to mariners
needing a full channel double bascule
opening. For mariners that only require
a single leaf, half channel, drawbridge
opening, such an opening will be given
upon signal. A drawtender will be
present 24 hours a day, 7 days week. To
request a single leaf opening, mariners
may utilize any of the following
methods: (1) Via VHF maritime radio;
(2) telephone; (3) one prolonged blast
followed quickly by one short blast and
one prolonged blast.
Waterborne traffic on this stretch of
the Duwamish waterway consists of
vessels ranging from small pleasure
craft, sailboats, small tribal fishing
boats, and commercial tug and tow, and
mega yachts. Vessels able to pass under
the bridge in the closed positions may
do so at anytime, but are advised to use
caution as the area surrounding the
bridge has numerous construction craft
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FOR FURTHER INFORMATION CONTACT:
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and equipment occupying half of the
navigational channel. The bridge will be
able to open half of the bridge for
emergencies, and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform users of
the waterway of the change in operating
schedule for the bridge through our
Local and Broadcast Notices to Mariners
so that vessels can arrange their transits
to minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
14845
[FR Doc. 2015–06493 Filed 3–19–15; 8:45 am]
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 rule, call or
email Jennifer Haggins, Marine Safety
Unit Pittsburgh, U.S. Coast Guard, at
telephone (412) 221–0807, email
Jennifer.L.Haggins@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
BNM Broadcast Notices to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
Dated: March 11, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0126]
RIN 1625–AA00
Safety Zone; Pittsburgh, PA; Ice
Accumulations; Allegheny River Mile
1.0–72.0
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Allegheny River within
the Captain of the Port Pittsburgh Zone,
which includes mile 1.0 to mile 72.0 on
the Allegheny River. This safety zone is
needed to protect persons, property, and
vessels transiting the area from the
hazards associated with ice
accumulations on the waterways. Entry
into this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Pittsburgh or a
designated representative.
DATES: This rule is effective from March
20, 2015 through April 1, 2015, and
enforceable through actual notice
beginning on February 26, 2015, until
April 1, 2015 or ice conditions within
the COTP Pittsburgh Zone have
improved, whichever occurs earlier.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0126. To view documents
mentioned in this preamble as being
SUMMARY:
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A. Regulatory History and 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)(3)(B), the Coast Guard finds that
good cause exists for not using the
Notice of Proposed Rulemaking (NPRM)
Process. The Coast Guard, with
recommendations from the Pittsburgh
Ice Committee (comprised of Army
Corps of Engineers—Pittsburgh District,
National Weather Service, Marine Safety
Unit Pittsburgh, and Chairperson of the
Waterways Navigation Committee), has
established a safety zone on all waters
of the Allegheny Rivers within the
COTP Pittsburgh Zone. This safety zone
will remain in effect February 26, 2015,
until April 1, 2015 or ice conditions
within the COTP Pittsburgh Zone have
improved, whichever occurs earlier.
This safety zone is the result of
significant ice formation within the
navigable channels of the Allegheny
River, due to extended periods of subfreezing temperatures. Waterway users
will be informed of the decisions by the
Pittsburgh Ice Committee during the
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14846
Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
Industry Teleconference that is hosted
by MSU Pittsburgh. This emergent
situation does not allow time for the
NPRM Process. After full review of
information provided by the Pittsburgh
Ice Committee, Army Corps of
Engineers—Pittsburgh District, and
National Weather Service, the Coast
Guard has determined that immediate
action establishing additional safety
measures is necessary to ensure public
safety during the next several weeks.
Delaying the implementation of this rule
by completing the NPRM Process is
contrary to public interest. Immediate
action is needed to protect persons,
property, and vessels transiting into, out
of, or within the COTP Pittsburgh Zone
during sub-freezing temperatures and
resulting ice accumulations.
For the same reasons discussed above,
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. Providing 30 days notice
would unnecessarily delay the effective
date and would be impracticable and
contrary to public interest because
immediate action is needed to protect
persons, property, and vessels transiting
into, out of, or within the COTP
Pittsburgh Zone.
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B. Basis and Purpose
The COTP Pittsburgh Zone has
recently experienced consecutive weeks
of sub-freezing temperatures.
Accumulations of ice have formed on
the Allegheny River resulting in vessels
not being able to transit the river.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
C. Discussion of Final Rule
The Coast Guard is establishing a
safety zone for all waters of the
Allegheny Rivers within the COTP
Pittsburgh Zone, which includes mile
1.0 to mile 72.0 on the Allegheny River.
Entry into this zone is prohibited to all
vessels and persons, except persons and
vessels specifically authorized by the
COTP Pittsburgh. This rule is effective
immediately and will be enforced
February 26, 2015, until April 1, 2015
or ice conditions within the COTP
Pittsburgh Zone have improved,
whichever occurs earlier. As stated in
the Basis and Purpose section above, on
the recommendation from the Pittsburgh
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18:21 Mar 19, 2015
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Ice Committee, entry into this zone is
prohibited to all vessels and persons,
except persons and vessels specifically
authorized by the COTP Pittsburgh.
The COTP Pittsburgh will inform the
public through Broadcast Notices to
Mariners (BNM) of details regarding
enforcement and any changes to this
safety zone during ice accumulation
conditions.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
This rule is not significant under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). This rule will be in effect during
emergency conditions involving ice
accumulation on the Allegheny River.
While some impacts on routine
navigation will be recognized by
waterway users, the recommendation
for this emergency safety measure came
from the Pittsburgh Ice Committee
which is comprised of Army Corps of
Engineers—Pittsburgh District, National
Weather Service, Marine Safety Unit
Pittsburgh, and Chairperson of the
Waterways Navigation Committee. The
Coast Guard will continue to make
notifications to the marine community
and local industry contacts that could
be operating in the area during these
conditions. Additionally, deviation from
the rule may be requested and will be
considered on a case-by-case basis by
the COTP or a designated
representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
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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 mile 1.0 to
mile 72.0 on the Allegheny River, from
February 26, 2015, until April 1, 2015
or ice conditions within the COTP
Pittsburgh Zone have improved,
whichever occurs earlier. This
emergency safety zone will not have a
significant economic impact on a
substantial number of small entities due
to its limited scope and short duration.
Entry into this zone is prohibited to
all vessels and persons, except persons
and vessels specifically authorized by
the COTP Pittsburgh. The Coast Guard
will ensure that that the local marine
community is aware of the safety zone
through BNMs and other notification.
Additionally, deviation from the rule
may be requested and will be
considered on a case-by-case basis by
the COTP or a designated
representative.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT, section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. 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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9. 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.
10. 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.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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18:21 Mar 19, 2015
Jkt 235001
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule establishes an
emergency safety zone for waters of the
Allegheny River within the COTP
Pittsburgh Zone. This rule is
categorically excluded from further
review under paragraph 34(g) of figure
2–1 of the Commandant Instruction an
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
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14847
2. Add § 165.T08–0126 to read as
follows:
■
§ 165.T08–0126 Safety Zone; Pittsburgh,
PA; Ice Accumulations; Allegheny River
Mile 1.0–72.0.
(a) Location. The following area is a
safety zone: all waters of the Allegheny
River within the Captain of the Port
(COTP) Pittsburgh Zone, mile 1.0 to
mile 72.0 on the Allegheny River.
(b) Effective date. This temporary rule
is effective from March 20, 2015 through
April 1, 2015, and enforceable February
26, 2015, until April 1, 2015 or ice
conditions within the Captain of the
Port (COTP) Pittsburgh Zone have
improved, whichever occurs earlier.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the COTP Pittsburgh or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP
Pittsburgh or a designated
representative. The COTP Pittsburgh or
a representative may be contacted at
(412) 221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP Pittsburgh or their designated
representative. Designated COTP
representatives include United States
Coast Guard commissioned, warrant,
and petty officers.
(d) Informational broadcasts. The
COTP Pittsburgh will inform the public
through Broadcast Notices to Mariners
(BNM) of the safety zone and any
changes to the enforcement periods.
Dated: February 26, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2015–06356 Filed 3–19–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2014–0712; FRL–9924–
83–Region–4]
Tennessee: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Tennessee has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
changes to its hazardous waste program
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14845-14847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06356]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0126]
RIN 1625-AA00
Safety Zone; Pittsburgh, PA; Ice Accumulations; Allegheny River
Mile 1.0-72.0
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Allegheny River within the Captain of the Port
Pittsburgh Zone, which includes mile 1.0 to mile 72.0 on the Allegheny
River. This safety zone is needed to protect persons, property, and
vessels transiting the area from the hazards associated with ice
accumulations on the waterways. Entry into this zone is prohibited
unless specifically authorized by the Captain of the Port (COTP)
Pittsburgh or a designated representative.
DATES: This rule is effective from March 20, 2015 through April 1,
2015, and enforceable through actual notice beginning on February 26,
2015, until April 1, 2015 or ice conditions within the COTP Pittsburgh
Zone have improved, whichever occurs earlier.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0126. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone (412) 221-0807, email
Jennifer.L.Haggins@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone (202) 366-9826
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notices to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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)(3)(B), the Coast Guard finds that
good cause exists for not using the Notice of Proposed Rulemaking
(NPRM) Process. The Coast Guard, with recommendations from the
Pittsburgh Ice Committee (comprised of Army Corps of Engineers--
Pittsburgh District, National Weather Service, Marine Safety Unit
Pittsburgh, and Chairperson of the Waterways Navigation Committee), has
established a safety zone on all waters of the Allegheny Rivers within
the COTP Pittsburgh Zone. This safety zone will remain in effect
February 26, 2015, until April 1, 2015 or ice conditions within the
COTP Pittsburgh Zone have improved, whichever occurs earlier. This
safety zone is the result of significant ice formation within the
navigable channels of the Allegheny River, due to extended periods of
sub-freezing temperatures. Waterway users will be informed of the
decisions by the Pittsburgh Ice Committee during the
[[Page 14846]]
Industry Teleconference that is hosted by MSU Pittsburgh. This emergent
situation does not allow time for the NPRM Process. After full review
of information provided by the Pittsburgh Ice Committee, Army Corps of
Engineers--Pittsburgh District, and National Weather Service, the Coast
Guard has determined that immediate action establishing additional
safety measures is necessary to ensure public safety during the next
several weeks. Delaying the implementation of this rule by completing
the NPRM Process is contrary to public interest. Immediate action is
needed to protect persons, property, and vessels transiting into, out
of, or within the COTP Pittsburgh Zone during sub-freezing temperatures
and resulting ice accumulations.
For the same reasons discussed above, 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. Providing
30 days notice would unnecessarily delay the effective date and would
be impracticable and contrary to public interest because immediate
action is needed to protect persons, property, and vessels transiting
into, out of, or within the COTP Pittsburgh Zone.
B. Basis and Purpose
The COTP Pittsburgh Zone has recently experienced consecutive weeks
of sub-freezing temperatures. Accumulations of ice have formed on the
Allegheny River resulting in vessels not being able to transit the
river.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
C. Discussion of Final Rule
The Coast Guard is establishing a safety zone for all waters of the
Allegheny Rivers within the COTP Pittsburgh Zone, which includes mile
1.0 to mile 72.0 on the Allegheny River. Entry into this zone is
prohibited to all vessels and persons, except persons and vessels
specifically authorized by the COTP Pittsburgh. This rule is effective
immediately and will be enforced February 26, 2015, until April 1, 2015
or ice conditions within the COTP Pittsburgh Zone have improved,
whichever occurs earlier. As stated in the Basis and Purpose section
above, on the recommendation from the Pittsburgh Ice Committee, entry
into this zone is prohibited to all vessels and persons, except persons
and vessels specifically authorized by the COTP Pittsburgh.
The COTP Pittsburgh will inform the public through Broadcast
Notices to Mariners (BNM) of details regarding enforcement and any
changes to this safety zone during ice accumulation conditions.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This rule is not significant under the regulatory policies and
procedures of the Department of Homeland Security (DHS). This rule will
be in effect during emergency conditions involving ice accumulation on
the Allegheny River. While some impacts on routine navigation will be
recognized by waterway users, the recommendation for this emergency
safety measure came from the Pittsburgh Ice Committee which is
comprised of Army Corps of Engineers--Pittsburgh District, National
Weather Service, Marine Safety Unit Pittsburgh, and Chairperson of the
Waterways Navigation Committee. The Coast Guard will continue to make
notifications to the marine community and local industry contacts that
could be operating in the area during these conditions. Additionally,
deviation from the rule may be requested and will be considered on a
case-by-case basis by the COTP or a designated representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
mile 1.0 to mile 72.0 on the Allegheny River, from February 26, 2015,
until April 1, 2015 or ice conditions within the COTP Pittsburgh Zone
have improved, whichever occurs earlier. This emergency safety zone
will not have a significant economic impact on a substantial number of
small entities due to its limited scope and short duration.
Entry into this zone is prohibited to all vessels and persons,
except persons and vessels specifically authorized by the COTP
Pittsburgh. The Coast Guard will ensure that that the local marine
community is aware of the safety zone through BNMs and other
notification. Additionally, deviation from the rule may be requested
and will be considered on a case-by-case basis by the COTP or a
designated representative.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 14847]]
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT, section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule establishes an emergency safety zone for waters
of the Allegheny River within the COTP Pittsburgh Zone. This rule is
categorically excluded from further review under paragraph 34(g) of
figure 2-1 of the Commandant Instruction an environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0126 to read as follows:
Sec. 165.T08-0126 Safety Zone; Pittsburgh, PA; Ice Accumulations;
Allegheny River Mile 1.0-72.0.
(a) Location. The following area is a safety zone: all waters of
the Allegheny River within the Captain of the Port (COTP) Pittsburgh
Zone, mile 1.0 to mile 72.0 on the Allegheny River.
(b) Effective date. This temporary rule is effective from March 20,
2015 through April 1, 2015, and enforceable February 26, 2015, until
April 1, 2015 or ice conditions within the Captain of the Port (COTP)
Pittsburgh Zone have improved, whichever occurs earlier.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the COTP Pittsburgh or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP Pittsburgh or a designated
representative. The COTP Pittsburgh or a representative may be
contacted at (412) 221-0807.
(3) All persons and vessels shall comply with the instructions of
the COTP Pittsburgh or their designated representative. Designated COTP
representatives include United States Coast Guard commissioned,
warrant, and petty officers.
(d) Informational broadcasts. The COTP Pittsburgh will inform the
public through Broadcast Notices to Mariners (BNM) of the safety zone
and any changes to the enforcement periods.
Dated: February 26, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-06356 Filed 3-19-15; 8:45 am]
BILLING CODE 9110-04-P
