Safety Zone; Allegheny River, Mile 0 to Mile 0.6, Pittsburgh, PA, 36469-36471 [2019-15969]
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Rules and Regulations
The regulation contains new and
revised information collection
requirements. These requirements are
contained in the Information Collection
Request (ICR) approved by OMB under
control number 1218–0176, which
OSHA included in the final rule
published in the Federal Register (84
FR 405). OSHA sought OMB approval of
these requirements under the PRA (44
U.S.C. 3501 et seq.), and, as required by
that Act, is announcing the approval for
these requirements. A copy of the
approved ICR is available at https://
www.reginfo.gov/public/do/PRAView
Document?ref_nbr=201901-1218-001.
The final rule amended the
information collection requirements of
the recordkeeping regulation 29 CFR
1904.41 by rescinding the requirement
for establishments with 250 or more
employees to electronically submit
information from OSHA Forms 300 and
301. The final rule also established a
new information collection requirement
by requiring covered employers to
submit their Employer Identification
Number (EIN) electronically along with
their injury and illness data submission.
The public already has had the
opportunity to comment on the
information collection requirements and
OMB has approved them on March 28,
2019. This announcement is to increase
public awareness of OMB’s approval of
the information collection requirements.
In addition, 29 CFR 1904.45 displays
the approved recordkeeping and
reporting information collection
requirements, including 29 CFR
1904.41, with the OMB control number,
1218–0176.
Authority and Signature
Loren Sweatt, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this document. The
authority for this document is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
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Signed at Washington, DC, on June 21,
2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2019–15880 Filed 7–26–19; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0621]
RIN 1625–AA00
Safety Zone; Allegheny River, Mile 0 to
Mile 0.6, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Allegheny River
from Mile 0 to Mile 0.6. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by high speed
boat races and paddle boat races. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by Captain of the Port
Marine Safety Unit Pittsburgh or a
designated representative.
DATES: This rule is effective from 10:30
a.m. on August 2, 2019 through 10:30
p.m. on August 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0621 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 MST2 Charles Morris, Marine
Safety Unit Pittsburgh, U.S. Coast
Guard, at telephone 412–221–0807,
email Charles.F.Morris@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
II. Background Information and
Regulatory History
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
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36469
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. After receiving and fully
reviewing the event information,
circumstances and exact location, the
Coast Guard determined that a safety
zone was necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created from high speed boat races and
paddleboat races. It would be
impracticable to complete the full
NPRM process for this safety zone
because we need to establish it by
August 2, 2019 and lack sufficient time
to provide a reasonable comment period
and then consider those comments
before issuing the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
a safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created from high speed boat races and
paddle boat races.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10:30 a.m. on August 2, 2019
through 10:30 p.m. on August 4, 2019,
to be enforced from 10:30 a.m. through
10:30 p.m. each day. The safety zone
will cover all navigable waters on the
Allegheny River from Mile 0 to Mile 0.6.
No vessel or person is permitted to
enter the 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 (USCG) assigned to units
under the operational control of the
COTP. To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through Marine Safety Unit
Pittsburgh at 412–221–0807. Persons
and vessels permitted to enter the safety
zone must comply with all lawful orders
or directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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36470
Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Rules and Regulations
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 safety zone. This safety
zone impacts approximately a one-half
mile stretch of the Allegheny River for
a duration of twelve hours on each of
three days. Vessel traffic can seek
permission to transit the zone.
Moreover, the Coast Guard will issue
LNMs, MSIBs, and BNMs via VHF–FM
marine channel 16 about the zone.
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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
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,
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15:51 Jul 26, 2019
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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
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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 Environmental
Planning COMDTINST 5090.1 (series),
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 lasting twelve
hours on each of three days that will
prohibit entry on the Allegheny River
from Mile 0 to Mile 0.6, during the high
speed boat race and paddleboat race
event. It is categorically excluded from
further review under paragraph L60(a)
in Table Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. 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
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: 46 U.S.C. 70034, 70051; 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.T08–0621 to read as
follows:
■
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Rules and Regulations
§ 165.T08–0621 _Safety Zone; Allegheny
River, Mile 0 to Mile 0.6, Pittsburgh, PA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Allegheny River from Mile 0 to Mile 0.6
(b) Effective period. This section is
effective from 10:30 a.m. on August 2,
2019, through 10:30 p.m. on August 4,
2019. It will be enforced from 10:30 a.m.
through 10:30 p.m. each day.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of persons and vessels into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units
under the operational control of the
COTP.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP or a
designated representative. To seek
permission to enter, contact the COTP
or a designated representative via VHF–
FM channel 16, or through Marine
Safety Unit Pittsburgh at 412–221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP or a designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Local Notice
to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine
Safety Information Bulletins (MSIBs), as
appropriate.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2019–15969 Filed 7–26–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0620]
Safety Zone; Leukemia and Lymphoma
Light the Night Fireworks
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
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AGENCY:
Port Zone Columbia River identifies the
regulated area for this event on the
Willamette River in Portland, OR, and
the regulations that will be enforced.
These regulations prohibit persons and
vessels from entry into, transit through,
mooring, or anchoring within the
regulated area unless authorized by the
Captain of the Port Sector Columbia
River or their designated representative.
The regulations in 33 CFR
165.1315 will be enforced for the
Leukemia and Lymphoma Light the
Night Fireworks display safety zone
listed in the table in § 165.1315(a) from
7 p.m. to 9:30 p.m. on October 12, 2019.
DATES:
If
you have questions about this notice of
enforcement, call or email LCDR Dixon
Whitley, Waterways Management
Division, MSU Portland, Oregon, Coast
Guard; telephone 503–240–9319, email
MSUPDXWWM@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zone for
the Leukemia and Lymphoma Light the
Night Fireworks display in Portland, OR
detailed in 33 CFR 165.1315 from 7 p.m.
to 9:30 p.m. on October 12, 2019. This
action is necessary to ensure the safety
of life on the Columbia River during the
fireworks display. Under the provisions
of 33 CFR 165.1315 and subpart C of
part 165, no person or vessel may enter
the safety zone, consisting of all waters
of the Columbia River within a 450 yard
radius of the launch site located at
45°30′23″ N, 122°40′4″ W, without
permission from the Captain of the Port
Sector Columbia River or their
designated representative. Persons or
vessels wishing to enter the safety zone
may request permission to do so from
the on-scene Captain of the Port
representative via VHF Channel 16 or
13. The Coast Guard may be assisted by
other Federal, State, or local
enforcement agencies in enforcing this
regulation.
SUPPLEMENTARY INFORMATION:
Dated: July 23, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the
Port Columbia River.
[FR Doc. 2019–15997 Filed 7–26–19; 8:45 am]
BILLING CODE 9110–04–P
The Coast Guard will enforce
regulations for the Leukemia and
Lymphoma Light the Night Fireworks
display safety zone on October 12, 2019.
Our regulation for firework display
safety zones within the Captain of the
SUMMARY:
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36471
DEPARTMENT OF EDUCATION
34 CFR Parts 600 and 668
RIN 1840–AD39
[Docket ID ED–2018–OPE–0041]
Institutional Eligibility and Student
Assistance General Provisions
Office of Postsecondary
Education, Department of Education.
ACTION: Final rule; announcement of
effective date.
AGENCY:
Consistent with the decisions
of the U.S. District Court for the
Northern District of California, this
document memorializes that selected
provisions of these final regulations
took effect on May 26, 2019.
DATES: In National Education
Association v. DeVos, No. 18–cv–
05173–LB (N.D. CA April 26, 2019), the
court vacated the rule amending 34 CFR
600.2, 600.9(c), 668.2, and the addition
of 34 CFR 668.50, published December
19, 2016 at 81 FR 92236, and delayed
June 29, 2018 (83 FR 31296), is effective
May 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Sophia McArdle, U.S. Department of
Education, 400 Maryland Ave. SW, Mail
Stop 290–44, Washington, DC 20202.
Telephone: (202) 453–6318. Email:
sophia.mcardle@ed.gov or Scott Filter,
U.S. Department of Education, 400
Maryland Ave. SW, Mail Stop 290–42,
Washington, DC 20202. Telephone:
(202) 453–7249. Email: scott.filter@
ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2016 (81 FR 92236),
the U.S. Department of Education
(Department) published regulations
related to distance education and
correspondence courses as well as
regulations providing students and the
public with disclosures about the
educational institutions that offered
these programs (Distance Education
Rules). The regulations originally were
to go into effect July 1, 2018. But on July
3, 2018 (83 FR 31296) with an effective
date of June 29, 2018, the Department
published a notice delaying the effective
date of the amendments to 34 CFR
600.2, 600.9(c), 668.2, and the addition
of 34 CFR 668.50, published December
19, 2016 (81 FR 92236) until July 1,
2020 (Delay Rule).
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Agencies
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Rules and Regulations]
[Pages 36469-36471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15969]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0621]
RIN 1625-AA00
Safety Zone; Allegheny River, Mile 0 to Mile 0.6, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Allegheny River from Mile 0 to Mile 0.6. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by high speed boat races and
paddle boat races. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by Captain of the Port Marine
Safety Unit Pittsburgh or a designated representative.
DATES: This rule is effective from 10:30 a.m. on August 2, 2019 through
10:30 p.m. on August 4, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0621 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 MST2 Charles Morris, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
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)(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. After receiving
and fully reviewing the event information, circumstances and exact
location, the Coast Guard determined that a safety zone was necessary
to protect personnel, vessels, and the marine environment from
potential hazards created from high speed boat races and paddleboat
races. It would be impracticable to complete the full NPRM process for
this safety zone because we need to establish it by August 2, 2019 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine
Safety Unit Pittsburgh (COTP) has determined that a safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created from high speed boat races and paddle boat
races.
IV. Discussion of the Rule
This rule establishes a safety zone from 10:30 a.m. on August 2,
2019 through 10:30 p.m. on August 4, 2019, to be enforced from 10:30
a.m. through 10:30 p.m. each day. The safety zone will cover all
navigable waters on the Allegheny River from Mile 0 to Mile 0.6.
No vessel or person is permitted to enter the 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 (USCG) assigned to units under the operational
control of the COTP. To seek permission to enter, contact the COTP or a
designated representative via VHF-FM channel 16, or through Marine
Safety Unit Pittsburgh at 412-221-0807. Persons and vessels permitted
to enter the safety zone must comply with all lawful orders or
directions issued by the COTP or designated representative. The COTP or
a designated representative will inform the public of the effective
period for the safety zone as well as any changes in the dates and
times of enforcement through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs), as appropriate.
[[Page 36470]]
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 safety zone. This safety zone impacts
approximately a one-half mile stretch of the Allegheny River for a
duration of twelve hours on each of three days. Vessel traffic can seek
permission to transit the zone. Moreover, the Coast Guard will issue
LNMs, MSIBs, and BNMs via VHF-FM marine channel 16 about 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
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 Environmental Planning COMDTINST 5090.1 (series),
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 lasting twelve
hours on each of three days that will prohibit entry on the Allegheny
River from Mile 0 to Mile 0.6, during the high speed boat race and
paddleboat race event. It is categorically excluded from further review
under paragraph L60(a) in Table Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. 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
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: 46 U.S.C. 70034, 70051; 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.T08-0621 to read as follows:
[[Page 36471]]
Sec. 165.T08-0621 _Safety Zone; Allegheny River, Mile 0 to Mile 0.6,
Pittsburgh, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Allegheny River from Mile 0 to Mile 0.6
(b) Effective period. This section is effective from 10:30 a.m. on
August 2, 2019, through 10:30 p.m. on August 4, 2019. It will be
enforced from 10:30 a.m. through 10:30 p.m. each day.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
the COTP.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. To seek permission to enter, contact the COTP or a
designated representative via VHF-FM channel 16, or through Marine
Safety Unit Pittsburgh at 412-221-0807.
(3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-15969 Filed 7-26-19; 8:45 am]
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