Safety Zone; Monongahela River Mile 32.0 to 36.0, Gallatin, PA, 30866-30869 [2018-14132]
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30866
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
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.
daltland on DSKBBV9HB2PROD with RULES
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
VerDate Sep<11>2014
16:46 Jun 29, 2018
Jkt 244001
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (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 involves a safety
zone lasting approximately two and a
half hours that will prohibit entry
within 450 yards of a fireworks launch
site. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T13–0633 to read as
follows:
■
§ 165.T13–0633 Safety Zone; Columbia
River, Kennewick, WA.
(a) Safety zone. The following area is
designated a safety zone: Waters of the
Columbia River, within a 450-yard
radius of the fireworks launch site
located at 46°13′22″ N, 119°08′30″ W in
vicinity of Columbia Park in
Kennewick, WA.
(b) Regulations. In accordance with
§ 165.23, no person may enter or remain
in this safety zone unless authorized by
the Captain of the Port Columbia River
or his designated representative. Also in
accordance with § 165.23, no person
may bring into, or allow to remain in
this safety zone any vehicle, vessel, or
object unless authorized by the Captain
of the Port Columbia River or his
designated representative.
(c) Enforcement period. This section
will be enforced from 9 p.m. to 11:30
p.m. on July 4, 2018.
Dated: June 25, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Columbia River.
[FR Doc. 2018–14139 Filed 6–29–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
G. 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.
33 CFR Part 165
List of Subjects in 33 CFR Part 165
SUMMARY:
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:
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[Docket Number USCG–2018–0611]
RIN 1625–AA00
Safety Zone; Monongahela River Mile
32.0 to 36.0, Gallatin, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Monongahela
River from mile marker 32.0 to mile
marker 36.0. The safety zone is
necessary to protect persons, vessels,
and the marine environment from
potential hazards created by pipeline
removal work. Entry of vessels or
persons into this zone is prohibited
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02JYR1
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh or a
designated representative.
DATES: This rule is effective without
actual notice from July 2, 2018 through
6 p.m. on July 11, 2018. For the
purposes of enforcement, actual notice
will be used from 6 a.m. on June 27,
2018, through July 2, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0611 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Jennifer Haggins,
Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone 412–221–0807,
email Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On June 20, 2018, River Salvage
notified the Coast Guard that it would
be conducting several days of pipeline
removal work over the next several
weeks in the vicinity of mile marker 34
of the Monongahela River in Gallatin,
PA. The Coast Guard is issuing this
temporary 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 publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by June 27, 2018 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
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 the effective date of
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Jkt 244001
this rule would be contrary to the public
interest because immediate action is
necessary to respond to the potential
safety hazards associated with the
pipeline removal work.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with
pipeline removal work from June 27,
2018 through July 11, 2018, will be a
safety concern for anyone on a four-mile
stretch of the Monongahela River. This
rule is necessary to protect persons,
vessels, and the marine environment in
the navigable waters within the safety
zone while the pipeline is removed.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 6 a.m. on June 27, 2018
through 6 p.m. on July 11, 2018. The
safety zone will cover all navigable
waters of the Monongahela River from
mile marker 32.0 to mile marker 36.0.
The Coast Guard was informed that the
pipeline removal work would take place
from 6 a.m. through 6 p.m. on each of
approximately three consecutive days
during the effective period. The periods
of enforcement will be 30 minutes prior
to, during, and 1 hour after any pipeline
removal work. A safety vessel will
coordinate all vessel traffic during the
enforcement periods. The COTP or a
designated representative will inform
the public through Broadcast Notice to
Mariners (BNM), Local Notices to
Mariners (LNM), and/or Marine Safety
Information Bulletins (MSIBs), or
through other means of public notice, as
appropriate, at least 3 hours in advance
of the enforcement periods. The
duration of the zone is intended to
protect persons, vessels, and the marine
environment in these navigable waters
during pipeline work.
No vessel or person will be permitted
to enter the temporary safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
Marine Safety Unit Pittsburgh, U.S.
Coast Guard. Vessels requiring entry
into this safety zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or
67. All persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
The COTP or a designated
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30867
representative will inform the public of
the enforcement times and dates for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
V. 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 and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the temporary safety zone.
This temporary safety zone covers a
four-mile stretch of the Monongahela
River for twelve hours on approximately
three days. Vessel traffic will be able to
safely navigate through the affected area
before and after the pipeline work, and
a safety vessel will coordinate vessel
traffic. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule allows vessels to seek
permission to enter the zone.
B. 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.
While some owners or operators of
vessels intending to transit the
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02JYR1
30868
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
temporary safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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 section.
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.
daltland on DSKBBV9HB2PROD with RULES
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
VerDate Sep<11>2014
16:46 Jun 29, 2018
Jkt 244001
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (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 involves a
temporary safety zone that covers a fourmile stretch of the Monongahela River
for twelve hours on approximately three
days. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. 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.
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:
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Fmt 4700
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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.
2. Add § 165.T08–0611 to read as
follows:
■
§ 165.T08–0611 Safety Zone; Monongahela
River mile 32.0 to 36.0, Gallatin, PA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Monongahela River from mile marker
32.0 to mile marker 36.0.
(b) Effective period. This section is
effective without actual notice from July
2, 2018 through 6 p.m. on July 11, 2018.
For the purposes of enforcement, actual
notice will be used from 6 a.m. on June
27, 2018 through July 2, 2018.
(c) Enforcement period. The Coast
Guard was informed that the pipeline
removal work would take place from 6
a.m. through 6 p.m. on each of
approximately three consecutive days
during the effective period. The periods
of enforcement will be 30 minutes prior
to, during, and 1 hour after any pipeline
removal work. A safety vessel will
coordinate all vessel traffic during the
enforcement periods. The COTP or a
designated representative will inform
the public through Broadcast Notice to
Mariners (BNM), Local Notices to
Mariners (LNM), and/or Marine Safety
Information Bulletins (MSIBs), or
through other means of public notice, as
appropriate, at least 3 hours in advance
of the enforcement periods.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to Marine Safety
Unit Pittsburgh, U.S. Coast Guard.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) All persons and vessels permitted
to enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and dates for this safety zone
through Broadcast Notices to Mariners
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
II. Background Information and
Regulatory History
Dated: June 26, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–14132 Filed 6–29–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0380]
RIN 1625–AA00
Safety Zone; Willamette River, Lake
Oswego, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Willamette River
near Lake Oswego, OR. This action is
necessary to provide for the safety of life
on these navigable waters during a
fireworks display on July 4, 2018. This
regulation prohibits persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Columbia River or a designated
representative.
SUMMARY:
This rule is effective from 9 p.m.
to 11:30 p.m. on July 4, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0380 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Laura Springer, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone 503–240–9319, email
msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with RULES
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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16:46 Jun 29, 2018
Jkt 244001
On April 17, 2018, the City of Lake
Oswego notified the Coast Guard that it
will be conducting a fireworks display
launched from a barge in the Willamette
River approximately 150 yards east of
George Rodgers Park in Lake Oswego,
OR. In response, on May 29, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Willamette River, Lake
Oswego, OR (83 FR 24443). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended June 13, 2018, we
received three comments.
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 the effective date of
this rule would be impracticable
because the Coast Guard needs to have
a safety zone regulation in place by July
4, 2018, to respond to the potential
safety hazards associated with the
fireworks display on that date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Columbia River
(COTP) has determined that potential
hazards associated with the fireworks to
be used in this July 4, 2018 display will
be a safety concern for anyone within a
450-yard radius of the barge. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zone before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received three
comments on our NPRM published May
29, 2018. The first comment was an
email from an individual concerned
with fire and health hazards associated
with the fireworks display and not with
the proposed safety zone. The
individual was directed to contact the
sponsoring organization to address
those concerns. The second comment
contained no suggested changes or
recommendations. The third comment
suggested a lack of communication with
neighborhoods regarding the scope and
ramifications of the river closure, and a
concern with the containment of human
wastes from boaters due to beach
closures. As stated later in this
temporary final rule, vessel traffic can
request to transit through this safety
zone, which will affect a limited area of
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30869
the Willamette River for approximately
two and a half hours during the evening
when vessel traffic is normally low.
This safety zone does not include any
beach closures. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 9 p.m. to 11:30 p.m. on July 4,
2018. The safety zone will cover all
navigable waters of the Willamette River
within 450-yards of a barge located at
45°24′37.46″ N, 122°39′29.70″ W, in
vicinity of George Rogers Park in Lake
Oswego, OR. The duration of the zone
is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
10 p.m. to 10:30 p.m. fireworks display.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
V. 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 and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the Willamette River for approximately
two and a half hours during the evening
when vessel traffic is normally low.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and the rule will allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
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02JYR1
]]>Agencies
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30866-30869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14132]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0611]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 32.0 to 36.0, Gallatin, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Monongahela River from mile marker 32.0 to
mile marker 36.0. The safety zone is necessary to protect persons,
vessels, and the marine environment from potential hazards created by
pipeline removal work. Entry of vessels or persons into this zone is
prohibited
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unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh or a designated representative.
DATES: This rule is effective without actual notice from July 2, 2018
through 6 p.m. on July 11, 2018. For the purposes of enforcement,
actual notice will be used from 6 a.m. on June 27, 2018, through July
2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0611 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On June 20, 2018, River Salvage notified the Coast Guard that it
would be conducting several days of pipeline removal work over the next
several weeks in the vicinity of mile marker 34 of the Monongahela
River in Gallatin, PA. The Coast Guard is issuing this temporary 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 publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. We must establish this safety zone by June 27, 2018 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with the pipeline removal work.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with pipeline removal work
from June 27, 2018 through July 11, 2018, will be a safety concern for
anyone on a four-mile stretch of the Monongahela River. This rule is
necessary to protect persons, vessels, and the marine environment in
the navigable waters within the safety zone while the pipeline is
removed.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 a.m. on June
27, 2018 through 6 p.m. on July 11, 2018. The safety zone will cover
all navigable waters of the Monongahela River from mile marker 32.0 to
mile marker 36.0. The Coast Guard was informed that the pipeline
removal work would take place from 6 a.m. through 6 p.m. on each of
approximately three consecutive days during the effective period. The
periods of enforcement will be 30 minutes prior to, during, and 1 hour
after any pipeline removal work. A safety vessel will coordinate all
vessel traffic during the enforcement periods. The COTP or a designated
representative will inform the public through Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), and/or Marine Safety
Information Bulletins (MSIBs), or through other means of public notice,
as appropriate, at least 3 hours in advance of the enforcement periods.
The duration of the zone is intended to protect persons, vessels, and
the marine environment in these navigable waters during pipeline work.
No vessel or person will be permitted to enter the temporary safety
zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to Marine Safety Unit
Pittsburgh, U.S. Coast Guard. Vessels requiring entry into this safety
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or 67. All
persons and vessels permitted to enter this safety zone must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the designated representative. The COTP or a designated
representative will inform the public of the enforcement times and
dates for this safety zone through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.
V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This temporary
safety zone covers a four-mile stretch of the Monongahela River for
twelve hours on approximately three days. Vessel traffic will be able
to safely navigate through the affected area before and after the
pipeline work, and a safety vessel will coordinate vessel traffic.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule allows vessels to
seek permission to enter the zone.
B. 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.
While some owners or operators of vessels intending to transit the
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temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (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 involves
a temporary safety zone that covers a four-mile stretch of the
Monongahela River for twelve hours on approximately three days. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. 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.
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.T08-0611 to read as follows:
Sec. 165.T08-0611 Safety Zone; Monongahela River mile 32.0 to 36.0,
Gallatin, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile marker 32.0 to mile marker
36.0.
(b) Effective period. This section is effective without actual
notice from July 2, 2018 through 6 p.m. on July 11, 2018. For the
purposes of enforcement, actual notice will be used from 6 a.m. on June
27, 2018 through July 2, 2018.
(c) Enforcement period. The Coast Guard was informed that the
pipeline removal work would take place from 6 a.m. through 6 p.m. on
each of approximately three consecutive days during the effective
period. The periods of enforcement will be 30 minutes prior to, during,
and 1 hour after any pipeline removal work. A safety vessel will
coordinate all vessel traffic during the enforcement periods. The COTP
or a designated representative will inform the public through Broadcast
Notice to Mariners (BNM), Local Notices to Mariners (LNM), and/or
Marine Safety Information Bulletins (MSIBs), or through other means of
public notice, as appropriate, at least 3 hours in advance of the
enforcement periods.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to Marine Safety Unit Pittsburgh, U.S. Coast
Guard.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) All persons and vessels permitted to enter this safety zone
must transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and dates for this
safety zone through Broadcast Notices to Mariners
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(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.
Dated: June 26, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-14132 Filed 6-29-18; 8:45 am]
BILLING CODE 9110-04-P
