Safety Zone; Allegheny River Mile Markers 0.0-0.3, Pittsburgh, PA, 36952-36954 [2023-11985]
Download as PDF
36952
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
on navigable waterways during a bargebased fireworks display. During the
enforcement period, no person or vessel
may enter, remain in, or transit through
the regulated area, and anyone in the
vicinity must comply with directions
from the Patrol Commander or any
Official Patrol displaying a Coast Guard
ensign.
The regulations in 33 CFR
165.506 for Avalon, NJ will be enforced
from 9 p.m. through 10 p.m. on July 4,
2023, or a rain date of July 5, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
If
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
The Coast Guard will enforce the
safety zone in table 1 to paragraph (h)(1)
to 33 CFR 165.506, entry 1 for a bargebased fireworks display from 9 p.m.
through 10 p.m. on July 4, 2023, or a
rain date of July 5, 2023. This action is
necessary to ensure safety of life on the
navigable waters of the United States
immediately prior to, during, and
immediately after the fireworks display.
Our regulation for safety zones of
fireworks displays in the Fifth Coast
Guard District, table 1 to paragraph
(h)(1) to 33 CFR 165.506, entry 1,
specifies the location of the regulated
area as all waters of the North Atlantic
Ocean, in the vicinity of the shoreline
at Avalon, NJ, within a 500-yard radius
of the fireworks barge position. The
approximate position for the fireworks
barge is latitude 39°06′17.96″ N,
longitude 074°42′05.47″ W. During the
enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via Local
Notice to Mariners and Broadcast Notice
to Mariners.
[FR Doc. 2023–12015 Filed 6–5–23; 8:45 am]
BILLING CODE 9110–04–P
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0406]
Security Zone; Portland Rose Festival
on Willamette River
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the security zone for the Portland Rose
Festival on the Willamette River in
Portland, OR, from noon on June 6, 2023
through noon on June 12, 2023. This
action is necessary to ensure the
security of vessels participating in the
2023 Portland Rose Festival on the
Willamette River during the event. Our
regulation for the Security Zone
Portland Rose Festival on the
Willamette River identifies the regulated
area. During the enforcement period, no
person or vessel may enter or remain in
the security zone without permission
from the Sector Columbia River Captain
of the Port.
DATES: The regulations in 33 CFR
165.1312 will be enforced from noon on
June 6, 2023 through noon on June 12,
2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LT Carlie Gilligan, Waterways
Management Division, Sector Columbia
River, U.S. Coast Guard; telephone 503–
240–9319, email D13-SMBMSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the security zone for
the Portland Rose Festival in 33 CFR
165.1312 for the Willamette River
regulated area from noon on June 6,
2023 through noon on June 12, 2023.
This action is necessary to ensure the
security of vessels participating in the
2023 Portland Rose Festival on the
Willamette River during the event.
Under the provisions of 33 CFR
165.1312 and subpart D of Part 165, no
person or vessel may enter or remain in
the security zone, consisting of all
waters of the Willamette River, from
surface to bottom, encompassed by the
Hawthorne and Steel Bridges, without
permission from the Sector Columbia
River Captain of the Port. Persons or
vessels wishing to enter the security
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
SUMMARY:
you have questions about this
notification of enforcement, call or
email Petty Officer Dylan Caikowski,
U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone: (215) 271–4814, Email:
SecDelBayWWM@uscg.mil.
Dated: May 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the
Port Delaware Bay.
DEPARTMENT OF HOMELAND
SECURITY
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other Federal, State, or local
enforcement agencies in enforcing this
regulation.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via the Local
Notice to Mariners and marine
information broadcasts.
Dated: May 30, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the
Port Columbia River.
[FR Doc. 2023–11926 Filed 6–5–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0425]
RIN 1625–AA00
Safety Zone; Allegheny River Mile
Markers 0.0–0.3, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
the Allegheny River on June 19, 2023,
at mile marker 0 to mile marker 0.3 from
9:30 p.m. through 10 p.m. This action is
necessary to provide for the safety of life
on the navigable waters during a
firework display. This rule prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Pittsburgh (COTP) or
a designated representative.
DATES: This rule is effective on June 19,
2023, from 9:30 p.m. through 10 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0425 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email LTJG Eyobe Mills, Marine Safety
Unit Pittsburgh, U.S. Coast Guard, at
telephone 412–221–0807, email
Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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§ 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 and contrary to the public
interest. This safety zone must be
established by June 19, 2023, to provide
for the safety of life on the navigable
waters during a firework display, and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the date of the firework
display. Vessels inside of the safety
zone have the potential of getting hit by
firework debris.
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 and
contrary to the public interest because
action is needed by June 19, 2023, to
ensure the safety of the of life on the
navigable waters during the firework
display.
ddrumheller on DSK120RN23PROD with RULES1
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Pittsburgh (COTP)
has determined that potential hazards
associated with a firework show on June
19, 2023, will be a safety concern for
anyone on the Allegheny River from
mile markers 0.0 to mile marker 0.3
from 9:30 p.m. to 10 p.m.. The purpose
of this rule is to ensure safety of the
participant, vessels, and the navigable
waters in the safety zone before, during,
and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9:30 p.m. until 10 p.m.
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on June 19, 2023. The safety zone will
cover all navigable waters on the
Allegheny River from mile markers 0.0
to mile marker 0.3. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
the navigable waters during a firework
display.
No vessel or person is permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative of the COTP.
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.
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.
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).
This regulatory action determination
is based on size, location, and duration
of the temporary safety zone. This safety
zone only impacts a 0.3 mile stretch on
the Allegheny River for 30 minutes on
June 19, 2023. Moreover, the Coast
Guard will issue Local Notice to
Mariners and Broadcast Notice to
Mariners via VHF–FM marine channel
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36953
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 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 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 call or email 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).
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
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.
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.
ddrumheller on DSK120RN23PROD with RULES1
F. Environment
We have analyzed this 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
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 30
minutes on June 19, 2023, on the
Allegheny River. 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. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
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16:06 Jun 05, 2023
Jkt 259001
on locating the docket, see the
section of this preamble.
safety zone will be enforced during the
30 minutes firework show.
G. Protest Activities
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of
the Port, MSU Pittsburgh.
ADDRESSES
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.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting, and recordkeeping
requirements, 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, 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.T08–0425 to read as
follows:
■
§ 165.T08–0425 Safety Zone Allegheny
River, Pittsburgh, PA.
(a) Location. The following area is a
temporary safety zone on the Allegheny
River from mile marker 0.0 to mile
marker 0.3.
(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 on Channel 16 or 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
is effective from 9:30 p.m. through 10
p.m. on June 19, 2023. The temporary
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[FR Doc. 2023–11985 Filed 6–5–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0455]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
Coast Guard, DHS.
Notification of enforcement of
regulations.
AGENCY:
ACTION:
The Coast Guard will enforce
multiple safety zones located in federal
regulations for recurring marine events
taking place in July 2023. This action is
necessary and intended for the safety of
life and property on navigable waters
during these events. During the
enforcement periods, no person or
vessel may enter the respective safety
zone without the permission of the
Captain of the Port Buffalo or a
designated representative.
DATES: The Coast Guard will enforce the
following regulations listed in 33 CFR
165.939, Table 165.939, July Safety
Zones:
1. Entry (a)(7) Blazing Paddles (a.k.a.
Blazing Paddles Paddle Fest)—from
7:15 a.m. through 1:45 p.m. on July
22, 2023
2. Entry (b)(10) Sheffield Lake Annual
Community Days (a.k.a. Sheffield
Lake Annual Community Day
Festival)—from 09:45 p.m. through
10:35 p.m. on July 21, 2023
3. Entry (d)(1) Madison Light Up the
Park (a.k.a. Madison Township
Light Up the Park)—from 9:15 p.m.
through 10:15 p.m. on July 22, 2023
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT. Jared
Stevens, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce multiple safety zones
for annual events in the Captain of the
Port Buffalo Zone listed in 33 CFR
165.939, Table 165.939 for events
occurring in the month of July as listed
in the DATES section above. Pursuant to
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36952-36954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11985]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0425]
RIN 1625-AA00
Safety Zone; Allegheny River Mile Markers 0.0-0.3, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Allegheny River on June 19, 2023, at mile marker 0 to mile
marker 0.3 from 9:30 p.m. through 10 p.m. This action is necessary to
provide for the safety of life on the navigable waters during a
firework display. This rule prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Pittsburgh
(COTP) or a designated representative.
DATES: This rule is effective on June 19, 2023, from 9:30 p.m. through
10 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0425 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Eyobe Mills, 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
[[Page 36953]]
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 and contrary to
the public interest. This safety zone must be established by June 19,
2023, to provide for the safety of life on the navigable waters during
a firework display, and we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing this
rule. The NPRM process would delay the establishment of the safety zone
until after the date of the firework display. Vessels inside of the
safety zone have the potential of getting hit by firework debris.
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 and contrary to the public interest
because action is needed by June 19, 2023, to ensure the safety of the
of life on the navigable waters during the firework display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Pittsburgh (COTP) has determined that
potential hazards associated with a firework show on June 19, 2023,
will be a safety concern for anyone on the Allegheny River from mile
markers 0.0 to mile marker 0.3 from 9:30 p.m. to 10 p.m.. The purpose
of this rule is to ensure safety of the participant, vessels, and the
navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:30 p.m. until
10 p.m. on June 19, 2023. The safety zone will cover all navigable
waters on the Allegheny River from mile markers 0.0 to mile marker 0.3.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in the navigable waters during a firework
display.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative of
the COTP. 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.
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. 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).
This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This safety zone only
impacts a 0.3 mile stretch on the Allegheny River for 30 minutes on
June 19, 2023. Moreover, the Coast Guard will issue Local Notice to
Mariners and Broadcast Notice to Mariners 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 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
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
call or email 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).
[[Page 36954]]
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.
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, 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 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 30 minutes on June 19, 2023, on the
Allegheny River. 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. 1. A 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.
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.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting, and recordkeeping
requirements, 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, 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.T08-0425 to read as follows:
Sec. 165.T08-0425 Safety Zone Allegheny River, Pittsburgh, PA.
(a) Location. The following area is a temporary safety zone on the
Allegheny River from mile marker 0.0 to mile marker 0.3.
(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 on Channel 16 or 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 is effective from 9:30 p.m.
through 10 p.m. on June 19, 2023. The temporary safety zone will be
enforced during the 30 minutes firework show.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2023-11985 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P