Safety Zone; Allegheny River Mile Marker 0.25-0.8, Pittsburgh, PA, 19579-19581 [2023-06758]
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Proposed Rules
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Instructions: All comments submitted
regarding this proposed rule should
reference Docket No. BOEM–2023–0005
or RIN 1010–AE04. All comments
received by BOEM will be reviewed and
may be posted to https://
www.regulations.gov, including any
personal information provided with the
submission. For further instructions on
protecting personally identifiable
information, see ‘‘Public Availability of
Comments’’ under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Kelley Spence, Office of Regulations,
BOEM, at telephone number 984–298–
7345 or email address Kelley.Spence@
boem.gov; or Karen Thundiyil, Chief,
Office of Regulations, BOEM, at
telephone number 202–742–0970 or
email address Karen.Thundiyil@
boem.gov. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: On
January 30, 2023 (88 FR 5968), we
published the Renewable Energy
Modernization Rule NPRM which
contained reforms identified by the
Department of the Interior and
recommended by industry, including
proposals for incremental funding of
decommissioning accounts; more
flexible geophysical and geotechnical
survey submission requirements;
streamlined approval of meteorological
(met) buoys; revised project verification
procedures; reform of BOEM’s
renewable energy auction process; and
greater clarity regarding safety
requirements. With this notice, we are
extending the public comment period
on the NPRM from March 31, 2023, to
May 1, 2023.
Public Availability of Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section of this notice.
Before including your address, phone
number, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—might be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. All submissions from
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organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Elizabeth Klein,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2023–06924 Filed 3–30–23; 4:15 pm]
BILLING CODE 4340–98–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0210]
RIN 1625–AA00
Safety Zone; Allegheny River Mile
Marker 0.25–0.8, Pittsburgh, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
the Allegheny River at Mile Marker
0.25–0.8. This action is necessary to
provide for the safety of life on these
navigable waters during a drone show
display. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Pittsburgh or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: This proposed regulation would
be effective from 9:30 p.m. through 11
p.m. on May 19, 2023. Comments and
related material must be received by the
Coast Guard on or before April 24, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0210 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LTJG Eyobe
Mills, Marine Safety Unit Pittsburgh,
U.S. Coast Guard; at telephone 412–
221–0807 ext. 225, email
Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
PO 00000
Code of Federal Regulations
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19579
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On March 2, 2023, the Pittsburgh
Pirates notified the Coast Guard that it
will be conducting a drone show
display from 9:30 p.m. through 11 p.m.
on May 19, 2023. The drone show will
be conducted approximately 100 feet
toward the Allegheny River. Hazards
from the drone show displays include
dangerous projectiles and falling debris.
The Captain of the Port Pittsburgh
(COTP) has determined that potential
hazards associated with the drone show
safety concern for those inside the safety
zone.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the safety zone
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 9:30 p.m. to 11 p.m. on
May 19, 2023. The safety zone would
cover all navigable waters on the
Allegheny River from Miles 0.25 to Mile
0.8. 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.
through 11 p.m. drone show display. No
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
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This regulatory action determination
is based on size, location, and duration
of the temporary safety zone. This safety
zone impacts 0.55 miles stretch of the
Allegheny River for a short amount of
time of 1.5 hours on one evening. Vessel
traffic will be informed about the safety
zone through local notice to mariners.
Moreover, the Coast Guard will issue
Local Notice to Marines, Broadcast
Notice to Mariner via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission from
the COTP to transit 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 proposed rule would 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
IV.A above, this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
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 made a preliminary determination
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 proposed
rule involves a temporary safety zone
lasting 1.5 hours that would prohibit
entry within Allegheny River from mile
0.25 to mile 0.8. Normally such actions
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are categorically excluded from further
review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0210 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Proposed Rules
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 is proposing
to amend 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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0210 to read as
follows:
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 165.T08–0210 Safety Zone; Allegheny
River, Miles 0.25–0.8, Pittsburgh, PA.
(a) Location. The following area is a
temporary safety zone: all navigable
waters of the Allegheny River from Mile
0.25- Mile 0.8.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Pittsburgh (COTP) in the
enforcement of the safety zone.
(c) Regulations.
(1) Under the general safety zone
regulations in subpart C of this part, you
may not enter the safety zone described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by phone at 412–670–
4288. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
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(d) Enforcement period. This section
will be enforced from 9:30 p.m. through
11 p.m. on May 19, 2023.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
Medical Staff Affairs (10E1F), Office of
Quality Management, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, Phone
(919) 474–3937. (This is not a toll-free
number.)
[FR Doc. 2023–06758 Filed 3–31–23; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
I. Background on the National
Practitioner Data Bank
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 46
RIN 2900–AR83
Reporting to the National Practitioner
Data Bank
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to remove its
regulations governing the National
Practitioner Data Bank (NPDB). Instead,
VA will rely on Department of Health
and Human Services (HHS) regulations
that govern the NPDB, a Memorandum
of Understanding (MOU) between VA
and HHS, and VA policy. This change
will allow VA to more easily and
effectively comply with HHS rules
governing the NPDB.
DATES: Comments must be received on
or before June 2, 2023.
ADDRESSES: Comments may be
submitted through
www.Regulations.gov. Except as
provided below, comments received
before the close of the comment period
will be available at www.regulations.gov
for public viewing, inspection, or
copying, including any personally
identifiable or confidential business
information that is included in a
comment. We post the comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. VA will not post
on Regulations.gov public comments
that make threats to individuals or
institutions or suggest that the
commenter will take actions to harm the
individual. VA encourages individuals
not to submit duplicative comments. We
will post acceptable comments from
multiple unique commenters even if the
content is identical or nearly identical
to other comments. Any public
comment received after the comment
period’s closing date is considered late
and will not be considered in the final
rulemaking.
FOR FURTHER INFORMATION CONTACT:
Marianne Chick, MHA, Director, VHA
SUMMARY:
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19581
Health Care Quality Improvement Act of
1986 and Implementing Regulations
The National Practitioner Data Bank
(NPDB) was established by the Health
Care Quality Improvement Act of 1986
(HCQIA), as amended (42 United States
Code (U.S.C.) 11101 et seq.). The NPDB
was developed by the U.S. Department
of Health and Human Services (HHS),
Health Resources and Services
Administration (HRSA), and Bureau of
Health Professions (BHPr). The NPDB is
a web-based repository of reports
containing information on medical
malpractice payments and certain
adverse actions taken against health care
practitioners, providers, and suppliers.
It is a workforce tool that assists in
promoting quality health care and
deterring fraud and abuse within health
care delivery systems. It prevents health
care practitioners, providers, and
suppliers from moving from one State to
another without disclosure or discovery
of previous damaging actions or
incompetent performance.
The HCQIA authorizes the NPDB to
collect reports of adverse licensure
actions against physicians, dentists, and
other licensed independent
practitioners (including revocations,
suspensions, reprimands, censures,
probations, and surrenders); adverse
clinical privileges actions; adverse
professional society membership actions
against physicians and dentists; Drug
Enforcement Administration (DEA)
certification actions; Medicare/Medicaid
exclusions; and medical malpractice
payments (including settlement of
medical malpractice claims) made for
the benefit of any health care
practitioner. Information under the
HCQIA is reported by medical
malpractice payers, State medical and
dental boards, professional societies
with formal peer review, and hospitals
and other health care entities (such as
health maintenance organizations). The
NPDB reports are confidential and
therefore, not accessible by the public.
Rather, health care entities that have
formal peer review processes and
provide health care services, State
medical or dental boards, and other
health care practitioner State boards
have access to this data system.
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]]>Agencies
[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Proposed Rules]
[Pages 19579-19581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06758]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0210]
RIN 1625-AA00
Safety Zone; Allegheny River Mile Marker 0.25-0.8, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Allegheny River at Mile Marker 0.25-0.8. This action is
necessary to provide for the safety of life on these navigable waters
during a drone show display. This proposed rulemaking would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Pittsburgh or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: This proposed regulation would be effective from 9:30 p.m.
through 11 p.m. on May 19, 2023. Comments and related material must be
received by the Coast Guard on or before April 24, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0210 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Eyobe Mills, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; at telephone 412-221-0807 ext. 225, 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, Purpose, and Legal Basis
On March 2, 2023, the Pittsburgh Pirates notified the Coast Guard
that it will be conducting a drone show display from 9:30 p.m. through
11 p.m. on May 19, 2023. The drone show will be conducted approximately
100 feet toward the Allegheny River. Hazards from the drone show
displays include dangerous projectiles and falling debris. The Captain
of the Port Pittsburgh (COTP) has determined that potential hazards
associated with the drone show safety concern for those inside the
safety zone.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the safety zone before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 9:30 p.m. to
11 p.m. on May 19, 2023. The safety zone would cover all navigable
waters on the Allegheny River from Miles 0.25 to Mile 0.8. 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.
through 11 p.m. drone show display. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
[[Page 19580]]
This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This safety zone impacts
0.55 miles stretch of the Allegheny River for a short amount of time of
1.5 hours on one evening. Vessel traffic will be informed about the
safety zone through local notice to mariners. Moreover, the Coast Guard
will issue Local Notice to Marines, Broadcast Notice to Mariner via
VHF-FM marine channel 16 about the zone and the rule allows vessels to
seek permission from the COTP to transit 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
proposed rule would 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 IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination 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 proposed rule involves a
temporary safety zone lasting 1.5 hours that would prohibit entry
within Allegheny River from mile 0.25 to mile 0.8. Normally such
actions are categorically excluded from further review under paragraph
L60a of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0210 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The
[[Page 19581]]
option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0210 to read as follows:
Sec. 165.T08-0210 Safety Zone; Allegheny River, Miles 0.25-0.8,
Pittsburgh, PA.
(a) Location. The following area is a temporary safety zone: all
navigable waters of the Allegheny River from Mile 0.25- Mile 0.8.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Pittsburgh (COTP) in the enforcement of the safety
zone.
(c) Regulations.
(1) Under the general safety zone regulations in subpart C of this
part, you may not enter the safety zone described in paragraph (a) of
this section unless authorized by the COTP or the COTP's designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by phone at 412-670-4288. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 9:30
p.m. through 11 p.m. on May 19, 2023.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2023-06758 Filed 3-31-23; 8:45 am]
BILLING CODE 9110-04-P
