Safety Zone; Monongahela River Mile 68.0-68.8; Rices Landing, PA, 27100-27102 [2015-11442]
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Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules and Regulations
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: TriMet
Public Transit has requested that the
upper deck of the Steel Bridge remain
closed-to-navigation to accommodate
the annual Starlight Parade event. The
Steel Bridge crosses the Willamette
River at mile 12.1 and is a double-deck
lift bridge with a lower lift deck and an
upper lift deck which operate
independent of each other. When both
decks are in the down position the
bridge provides 26 feet of vertical
clearance above Columbia River Datum
0.0. When the lower deck is in the up
position the bridge provides 71 feet of
vertical clearance above Columbia River
Datum 0.0. This deviation does not
affect the operating schedule of the
lower deck which opens on signal.
Under normal conditions the upper
deck of the Steel Bridge operates in
accordance with 33 CFR
117.897(c)(3)(ii) which states that from
8 a.m. to 5 p.m. Monday through Friday
one hour advance notice shall be given
for draw openings, and at all other times
two hours advance notice shall be given
to obtain an opening. This deviation
period is from 7 p.m. to 11:30 p.m. on
May 30, 2015. The deviation allows the
upper deck of the Steel Bridge across
the Willamette River, mile 12.1, to
remain in the closed-to-navigation
position and need not open for maritime
traffic from 7 p.m. to 11:30 p.m. on May
30, 2015. During the deviation period,
the bridge will remained closed to
accommodate the route of the annual
Starlight Parade event.
Waterway usage on this part of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft. Vessels able to
pass through the bridge in the closed
positions may do so at anytime. The
bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
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In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 4, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–11349 Filed 5–11–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0284]
RIN 1625–AA00
Safety Zone; Monongahela River Mile
68.0–68.8; Rices Landing, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Monongahela River mile 68.0 to
mile 68.8. This safety zone is needed to
protect vessels transiting the area and
event spectators from the hazards
associated with the Rices Landing
Riverfest Fireworks Display. Entry into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Pittsburgh or a designated
representative.
SUMMARY:
This rule is effective from 9:15
p.m. until 10:30 p.m. on June 12, 2015
and June 13, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0284. 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
DATES:
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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
DHS Department of Homeland Security
FR Federal Register
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)(B), the Coast Guard finds that
good cause exists for not using the
NPRM process. The Coast Guard
received notice on April 7, 2015 that
this display would take place. After full
review of the event information and
location, the Coast Guard determined
that a safety zone is necessary. Delaying
this rule by completing the full NPRM
process would unnecessarily delay the
safety zone and be contrary to public
interest because the safety zone is
needed to protect transiting vessels,
spectators, and the personnel involved
in the display from the hazards
associated with fireworks displays
taking place near and over the
waterway. The fireworks display has
been advertised and the local
community has prepared for the event.
Completing the full NPRM process
could also unnecessarily delay the
planned event and possibly interfere
with contractual obligations.
For the same reasons, 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.
Delaying this rule by providing a full 30
days notice would be contrary to public
interest because immediate action is
needed to protect persons and property
in the area during the land-based
fireworks display.
B. Basis and Purpose
On June 12, 2015 and June 13, 2015,
as a part of the Rices Landing Riverfest
Fireworks Display, the Rices Landing
Volunteer Fire Department will sponsor
a land-based fireworks display. The
display will take place in the vicinity of
Old Lock 6 on the Monongahela River
at mile 68.3. This event presents safety
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Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules and Regulations
hazards for spectators and vessels
navigating in the area, and therefore a
safety zone is needed to protect persons
and property from the hazards
associated with a fireworks display near
and over the waterway.
The legal basis and authorities for this
rule are found in 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, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard is establishing a
safety zone for all waters of the
Monongahela River, from mile 68.0 to
mile 68.8, extending the entire width of
the river. Entry into this zone is
prohibited to all vessels and persons
except persons and vessels specifically
authorized by the Captain of the Port
Pittsburgh. This rule is effective on June
12, 2015 and June 13, 2015 and will be
enforced from 9:15 p.m. until 10:30 p.m.
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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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). This rule is limited in scope and
will be in effect for a limited time
period. Notifications to the marine
community will be made through local
notice to mariners and broadcast notice
to mariners. Deviation from the rule
may be requested and will be
considered on a case-by-case basis by
the Captain of the Port or a designated
representative. The impacts on routine
navigation are expected to be minimal.
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
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potential impact of regulations on small
entities during rulemaking.
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 the
Monongahela River, mile 68.0 to 68.8
from 9:15 p.m. until 10:30 p.m. on June
12, 2015 and June 13, 2015. This safety
zone will not have a significant
economic impact on a substantial
number of small entities because this
rule is limited in scope and will be in
effect for a limited time period
notifications to the marine community
will be made through local notice to
mariners and broadcast notice to
mariners. Deviation from the rule may
be requested and will be considered on
a case-by-case basis by the Captain of
the Port 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).
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
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27101
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 an 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
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Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules and Regulations
§ 165.T08–0284 Safety Zone, Monongahela
River, Pittsburgh, PA.
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 a
safety zone for waters of the
Monongahela River, from mile 68.0 to
68.8. 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
(a) Location. The following area is a
safety zone: All waters of the
Monongahela River, mile 68.0 to 68.8,
extending the entire width of the
waterway.
(b) Effective date. This rule is
effective, and will be enforced, from
9:15 p.m. until 10:30 p.m. on June 12,
2015 and June 13, 2015.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Pittsburgh or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Pittsburgh or a designated
representative. The Captain of the
Pittsburgh representative may be
contacted at 412–221–0807.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh or their
designated representative. Designated
Captain of the Port representatives
include United States Coast Guard
commissioned, warrant, and petty
officers.
(d) Information broadcasts. 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.
Dated: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2015–11442 Filed 5–11–15; 8:45 am]
BILLING CODE 9110–04–P
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:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0744; FRL–9927–45–
Region 10]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
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.
Approval and Promulgation of
Implementation Plans; Washington:
Infrastructure Requirements for the
Fine Particulate Matter National
Ambient Air Quality Standards
AGENCY:
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1. The authority citation for part 165
continues to read as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
2. Temporary § 165.T08–0284 is
added to read as follows:
■
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16:43 May 11, 2015
Jkt 235001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving the State
Implementation Plan (SIP) submittal
SUMMARY:
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from Washington demonstrating that the
SIP meets the infrastructure
requirements of the Clean Air Act (CAA)
for the National Ambient Air Quality
Standards (NAAQS) promulgated for
fine particulate matter (PM2.5) on July
18, 1997, October 17, 2006, and
December 14, 2012 (collectively, the
PM2.5 NAAQS). The CAA requires that
each state, after a new or revised
NAAQS is promulgated, review its SIP
to ensure that it meets the infrastructure
requirements necessary to implement
the new or revised NAAQS. On
September 22, 2014, Washington made
a SIP submission to establish that the
Washington SIP meets the infrastructure
requirements of the CAA for the PM2.5
NAAQS, except for certain elements
related to the Prevention of Significant
Deterioration (PSD) permitting program
currently addressed under a Federal
Implementation Plan (FIP), certain
elements of the regional haze program
currently addressed under a FIP, and
specific requirements related to
interstate transport which the State will
address in a separate submittal. The
EPA has determined that Washington’s
SIP is adequate for purposes of the
infrastructure SIP requirements of the
CAA for the PM2.5 NAAQS, with the
exceptions noted above. The SIP
deficiencies related to PSD permitting
and regional haze, however, have
already been adequately addressed by
the existing EPA FIPs and, therefore, no
further action is required by Washington
or the EPA for those elements. The EPA
will address the remaining interstate
transport requirements in a separate
action.
DATES: This final rule is effective June
11, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2014–0744. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information the disclosure
of which 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 either
electronically through
www.regulations.gov or in hard copy at
the Air Programs Unit, Office of Air
Waste and Toxics, EPA Region 10, 1200
Sixth Avenue, Seattle, WA 98101. The
EPA requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
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]]>Agencies
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Rules and Regulations]
[Pages 27100-27102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11442]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0284]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 68.0-68.8; Rices Landing, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Monongahela River mile 68.0 to mile 68.8. This safety zone is needed to
protect vessels transiting the area and event spectators from the
hazards associated with the Rices Landing Riverfest Fireworks Display.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port Pittsburgh or a designated representative.
DATES: This rule is effective from 9:15 p.m. until 10:30 p.m. on June
12, 2015 and June 13, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0284. 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
DHS Department of Homeland Security
FR Federal Register
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)(B), the Coast Guard finds that good
cause exists for not using the NPRM process. The Coast Guard received
notice on April 7, 2015 that this display would take place. After full
review of the event information and location, the Coast Guard
determined that a safety zone is necessary. Delaying this rule by
completing the full NPRM process would unnecessarily delay the safety
zone and be contrary to public interest because the safety zone is
needed to protect transiting vessels, spectators, and the personnel
involved in the display from the hazards associated with fireworks
displays taking place near and over the waterway. The fireworks display
has been advertised and the local community has prepared for the event.
Completing the full NPRM process could also unnecessarily delay the
planned event and possibly interfere with contractual obligations.
For the same reasons, 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. Delaying this rule
by providing a full 30 days notice would be contrary to public interest
because immediate action is needed to protect persons and property in
the area during the land-based fireworks display.
B. Basis and Purpose
On June 12, 2015 and June 13, 2015, as a part of the Rices Landing
Riverfest Fireworks Display, the Rices Landing Volunteer Fire
Department will sponsor a land-based fireworks display. The display
will take place in the vicinity of Old Lock 6 on the Monongahela River
at mile 68.3. This event presents safety
[[Page 27101]]
hazards for spectators and vessels navigating in the area, and
therefore a safety zone is needed to protect persons and property from
the hazards associated with a fireworks display near and over the
waterway.
The legal basis and authorities for this rule are found in 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, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard is establishing a safety zone for all waters of the
Monongahela River, from mile 68.0 to mile 68.8, extending the entire
width of the river. Entry into this zone is prohibited to all vessels
and persons except persons and vessels specifically authorized by the
Captain of the Port Pittsburgh. This rule is effective on June 12, 2015
and June 13, 2015 and will be enforced from 9:15 p.m. until 10:30 p.m.
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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). This rule is limited in scope
and will be in effect for a limited time period. Notifications to the
marine community will be made through local notice to mariners and
broadcast notice to mariners. Deviation from the rule may be requested
and will be considered on a case-by-case basis by the Captain of the
Port or a designated representative. The impacts on routine navigation
are expected to be minimal.
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 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 the Monongahela River, mile 68.0 to 68.8 from 9:15 p.m. until
10:30 p.m. on June 12, 2015 and June 13, 2015. This safety zone will
not have a significant economic impact on a substantial number of small
entities because this rule is limited in scope and will be in effect
for a limited time period notifications to the marine community will be
made through local notice to mariners and broadcast notice to mariners.
Deviation from the rule may be requested and will be considered on a
case-by-case basis by the Captain of the Port 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).
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 an 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
[[Page 27102]]
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 a safety zone for waters of the
Monongahela River, from mile 68.0 to 68.8. 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.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
2. Temporary Sec. 165.T08-0284 is added to read as follows:
Sec. 165.T08-0284 Safety Zone, Monongahela River, Pittsburgh, PA.
(a) Location. The following area is a safety zone: All waters of
the Monongahela River, mile 68.0 to 68.8, extending the entire width of
the waterway.
(b) Effective date. This rule is effective, and will be enforced,
from 9:15 p.m. until 10:30 p.m. on June 12, 2015 and June 13, 2015.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Pittsburgh or
a designated representative. The Captain of the Pittsburgh
representative may be contacted at 412-221-0807.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh or their designated representative.
Designated Captain of the Port representatives include United States
Coast Guard commissioned, warrant, and petty officers.
(d) Information broadcasts. 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.
Dated: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-11442 Filed 5-11-15; 8:45 am]
BILLING CODE 9110-04-P
