Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5, Allegheny County, PA, 65132-65134 [2023-20396]
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65132
Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations
and at all times extends 100 yards on
either side of safety vessels. The Swim
Around Charleston swimming race
consists of a 12 mile course that starts
at Remley’s Point on the Wando River
in approximate position 32°48′49″ N,
79°54′27″ W, crosses the main shipping
channel under the main span of the
Ravenel Bridge, and finishes at the I–
526 bridge and boat landing on the
Ashley River in approximate position
32°50′14″ N, 80°01′23″ W. During the
enforcement periods, as reflected in
§ 100.704(c)(1), if you are the operator of
a vessel in the regulated area you must
comply with directions from the
Captain of the Port Charleston or a
designated representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners and
marine information broadcasts.
Dated: September 12, 2023.
Francis. J. DelRosso,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2023–20460 Filed 9–20–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0712]
RIN 1625–AA00
Safety Zone, Allegheny River, Mile
Markers 15.5 to 16.5, Allegheny
County, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the waters of the Allegheny River on
September 22, 2023, at mile marker 15.5
to 16.5 from 7:30 through 9 a.m. This
action is necessary to provide for the
safety of life on these navigable waters
during an on-land demolition. This
rulemaking prohibits persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Pittsburgh or a designated
representative.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
This rule is effective from 7:30
through 9 a.m. on September 22, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
DATES:
VerDate Sep<11>2014
16:08 Sep 20, 2023
Jkt 259001
0712 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
Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
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 September 22, 2023, to
provide for the safety of life on the
navigable waters during a demolition,
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
demolition. Vessels or people inside the
safety zone have to potential of getting
hit with 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 impractical and
contrary to the public interest because
this action is necessary to ensure the
safety of vessels and persons during the
demolition event on September 22,
2023.
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
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associated with the land-based
demolition on September 22, 2023, will
be a safety concern for anyone on the
Allegheny River at mile marker 15.5 to
16.5. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the temporary safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:30 until 9 a.m. on September 22,
2023. The safety zone will cover all
navigable waters on Allegheny River,
within mile marker 15.5 to 16.5. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during a land-based demolition.
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 Coast Guard 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.
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 Broadcast Notices
to Mariners or Marine Safety
Information Bulletins, 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, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, this
rule has not been reviewed by the Office
of Management and Budget (OMB).
This regulatory action determination
is based on the size, location, and
duration of the temporary safety zone.
This safety zone only impacts a 1-mile
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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations
stretch of the Allegheny River for one
and a half hours on September 22, 2023.
Moreover, the Coast Guard will issue
LNMs, MSIBs, and/or BNMs via VHF–
FM marine channel 16 about the zone
and the rule allows vessels to seek
permission from the COTP to transit the
zone.
ddrumheller on DSK120RN23PROD with RULES1
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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16:08 Sep 20, 2023
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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 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 safety
zone that only impacts 1-mile stretch of
the Allegheny River for one and a half
hours on September 22, 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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65133
on locating the docket, see the
section of this preamble.
ADDRESSES
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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—SAFETY OF LIFE ON
NAVIGABLE WATERS
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.T08–0712 to read as
follows:
■
§ 165.T08–0712 Safety Zone; Allegheny
River, Mile Markers 15.5 to 16.5, Allegheny
County, PA.
(a) Safety zone. The following area is
a safety zone: All waters of the
Allegheny River, from surface to bottom,
between mile markers 15.5 to 16.5.
(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 regulations in this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the COTP
or their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
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65134
Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 7:30 to 9 a.m. on
September 22, 2023.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2023–20396 Filed 9–20–23; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket Nos. 23–62, 12–375, DA 23–
638; FR ID 172388]
2023 Mandatory Data Collection for
Incarcerated People’s
Communications Services
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection associated with
the 2023 IPCS Mandatory Data
Collection Order, DA 22–638, issued by
the Commission’s Wireline Competition
Bureau (WCB) and Office Economics
and Analytics (OEA) on July 26, 2023.
In that Order, WCB and OEA adopted
instructions, a reporting template, and a
certification form to implement the 2023
Mandatory Data Collection related to
incarcerated people’s communications
services (IPCS). OMB approved that data
collection on September 11, 2023. The
instant document is consistent with the
2023 IPCS Mandatory Data Collection
Order, which indicated that the
Commission would publish notification
in the Federal Register announcing that
OMB approved the data collection and
that the 2023 IPCS Mandatory Data
Collection Order would be effective on
the date specified in the notice. In
accordance with that Order, responses
to the 2023 Mandatory Data Collection
are due October 31, 2023.
DATES: The 2023 IPCS Mandatory Data
Collection Order, published August 3,
2023 at 88 FR 51240, including the
information collection requirements
adopted in that Order, is effective on
September 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Simon Solemani, Pricing Policy
Division, Wireline Competition Bureau,
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:08 Sep 20, 2023
Jkt 259001
(202) 418–2270, or email
simon.solemani@fcc.gov.
This
document announces that, on
September 11, 2023, OMB approved, for
a period of three years, the information
collection requirements adopted on July
26, 2023, in the 2023 IPCS Mandatory
Data Collection Order, DA 23–638,
published August 3, 2023 at 88 FR
51240. The OMB Control Number is
3060–1314. In the 2023 IPCS Mandatory
Data Collection Order, WCB and OEA
directed that the requirements for the
2023 Mandatory Data Collection
adopted in that Order would become
effective on the date specified in a
document published in the Federal
Register announcing OMB approval.
The Commission publishes this
document as an announcement of the
effective date of the 2023 IPCS
Mandatory Data Collection Order. IPCS
providers’ responses to the data
collection are due on October 31, 2023.
If you have any comments on the
2023 Mandatory Data Collection, or how
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Nicole
Ongele, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20002. Please include
the OMB Control Number, 3060–1314,
in your correspondence. The
Commission will also accept your
comments via email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on September
11, 2023 for the information collection
requirements contained in the 2023
IPCS Mandatory Data Collection Order.
Under 5 CFR part 1320, an agency may
not conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number. No person
shall be subject to any penalty for failing
to comply with a collection of
information subject to the Paperwork
Reduction Act that does not display a
current, valid OMB Control Number.
The OMB Control Number is 3060–
1314.
The foregoing notification is required
by the Paperwork Reduction Act of
1995, Public Law 104–13, October 1,
1995, and 44 U.S.C. 3507.
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The total data collection burdens and
costs for the respondents are as follows:
OMB Control Number: 3060–1314.
OMB Approval Date: September 11,
2023.
OMB Expiration Date: September 30,
2026.
Title: Incarcerated People’s
Communications Services (IPCS) 2023
Mandatory Data Collection, WC Docket
Nos. 23–62, 12–375, DA 23–638.
Form Numbers: FCC Form 2303(a)
and FCC Form 2303(b).
Respondents: Business or other for
profit.
Number of Respondents and
Responses: 30 respondents; 30
responses.
Estimated Time per Response: 265
hours.
Frequency of Response: One-time
reporting requirement.
Total Annual Burden: 7,950 hours.
Total Annual Cost: No cost.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in sections 1, 2, 4(i)–(j),
5(c), 201(b), 218, 220, 225, 255, 276,
403, and 716 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
152, 154(i)–(j), 155(c), 201(b), 218, 220,
225, 255, 276, 403, and 617.
Needs and Uses: On March 17, 2023,
the Commission released the
Incarcerated People’s Communications
Services; Implementation of the Martha
Wright-Reed Act; Rates for Interstate
Inmate Calling Services, WC Docket
Nos. 23–62, 12–375, Notice of Proposed
Rulemaking and Order, FCC 23–19, 88
FR 20804 (Notice of Proposed Rule
Making) and 88 FR 19001 (Order), in
which it began the process of
implementing the Martha Wright-Reed
Just and Reasonable Communications
Act of 2022, Public Law 117–338, 136
Stat. 6156 (the Act). The Act expands
the Commission’s statutory authority to
encompass ‘‘any audio or video
communications service used by
inmates . . . regardless of technology
used.’’ The Act also amends section 2(b)
of the Communications Act of 1934, as
amended, to make clear that the
Commission’s jurisdiction extends to
intrastate as well as interstate and
international communications services
used by incarcerated people.
The Act directs the Commission to
‘‘promulgate any regulations necessary
to implement’’ the statutory provisions,
including its mandate that the
Commission establish a ‘‘compensation
plan’’ ensuring that all rates and charges
for IPCS ‘‘are just and reasonable,’’ not
earlier than 18 months and not later
than 24 months after its January 5, 2023
enactment. The Act also requires the
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]]>Agencies
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65132-65134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20396]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0712]
RIN 1625-AA00
Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5,
Allegheny County, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Allegheny River on September 22, 2023, at mile marker
15.5 to 16.5 from 7:30 through 9 a.m. This action is necessary to
provide for the safety of life on these navigable waters during an on-
land demolition. This rulemaking prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Pittsburgh or a designated representative.
DATES: This rule is effective from 7:30 through 9 a.m. on September 22,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0712 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
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 September
22, 2023, to provide for the safety of life on the navigable waters
during a demolition, 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 demolition. Vessels or
people inside the safety zone have to potential of getting hit with
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 impractical and contrary to the public interest
because this action is necessary to ensure the safety of vessels and
persons during the demolition event on September 22, 2023.
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 the land-based demolition on
September 22, 2023, will be a safety concern for anyone on the
Allegheny River at mile marker 15.5 to 16.5. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the temporary safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 until 9 a.m. on
September 22, 2023. The safety zone will cover all navigable waters on
Allegheny River, within mile marker 15.5 to 16.5. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during a land-based demolition.
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 Coast Guard 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. 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 Broadcast Notices
to Mariners or Marine Safety Information Bulletins, 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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This safety zone
only impacts a 1-mile
[[Page 65133]]
stretch of the Allegheny River for one and a half hours on September
22, 2023. Moreover, the Coast Guard will issue LNMs, MSIBs, and/or BNMs
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).
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
safety zone that only impacts 1-mile stretch of the Allegheny River for
one and a half hours on September 22, 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS
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.T08-0712 to read as follows:
Sec. 165.T08-0712 Safety Zone; Allegheny River, Mile Markers 15.5 to
16.5, Allegheny County, PA.
(a) Safety zone. The following area is a safety zone: All waters of
the Allegheny River, from surface to bottom, between mile markers 15.5
to 16.5.
(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
regulations in this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area described
in paragraph (a) of this section unless authorized by the COTP or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced
[[Page 65134]]
notice via broadcast notice to mariners and by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from 7:30 to
9 a.m. on September 22, 2023.
Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2023-20396 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P
