Safety Zone; Allegheny River Mile Marker 0.5 to 0.75, Pittsburgh, PA, 77776-77778 [2024-21839]
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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Rules and Regulations
Standards for the Growing, Harvesting,
Packing, and Holding of Produce for
Human Consumption—Small Entity
Compliance Guide.’’ Received
comments will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://www.regulations.gov
or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday
through Friday, 240–402–7500.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://www.govinfo.
gov/content/pkg/FR-2015-09-18/pdf/
2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
You may submit comments on any
guidance at any time (see 21 CFR
10.115(g)(5)).
Submit written requests for single
copies of the SECG to the Office of Food
Safety, Division of Produce Safety
(HFS–317), Center for Food Safety and
Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two selfaddressed adhesive labels to assist that
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15:57 Sep 23, 2024
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office in processing your request. See
the SUPPLEMENTARY INFORMATION section
for electronic access to the SECG.
FOR FURTHER INFORMATION CONTACT:
Samir Assar, Center for Food Safety and
Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1636.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of November
27, 2015 (80 FR 74353), we issued a
final rule entitled ‘‘Standards for the
Growing, Harvesting, Packing, and
Holding of Produce for Human
Consumption’’ (produce safety rule).
The produce safety rule, which is
codified at part 112 (21 CFR part 112),
established science-based minimum
standards for the safe growing,
harvesting, packing, and holding of
produce, meaning fruits and vegetables
grown for human consumption. On
September 6, 2017 (82 FR 42031) we
announced the availability of a guidance
for industry entitled ‘‘Standards for the
Growing, Harvesting, Packing, and
Holding of Produce for Human
Consumption: What You Need to Know
About the FDA Regulation: Small Entity
Compliance Guide’’ to help small
entities comply with the produce safety
rule.
In the Federal Register of May 6, 2024
(89 FR 37448), we issued a final rule
entitled, ‘‘Standards for the Growing,
Harvesting, Packing, and Holding of
Produce for Human Consumption
Relating to Agricultural Water’’
(agricultural water final rule) that
revised certain requirements in subpart
E of part 112 (21 CFR 112.40 through
112.50) of the produce safety rule
applicable to pre-harvest agricultural
water for covered produce (other than
sprouts). The agricultural water final
rule is effective July 5, 2024. The final
rule establishes compliance dates for the
pre-harvest agricultural water
provisions for covered produce (other
than sprouts) beginning on April 7,
2025, with date staggering based on
farm size.
We examined the economic
implications of the agricultural water
final rule as required by the Regulatory
Flexibility Act (5 U.S.C. 601–612) and
determined that the final rule might
have a significant economic impact on
a substantial number of small entities.
In compliance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act (Pub. L. 104–121, as
amended by Pub. L. 110–28), we are
making available the SECG to explain
the actions that a small entity must take
to comply with the rule.
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We are issuing the SECG consistent
with our good guidance practices
regulation (21 CFR 10.115(c)(2)). The
SECG represents the current thinking of
FDA on this topic. It does not establish
any rights for any person and is not
binding on FDA or the public. You can
use an alternative approach if it satisfies
the requirements of the applicable
statutes and regulations.
II. Paperwork Reduction Act of 1995
While this guidance contains no
collection of information, it does refer to
previously approved FDA collections of
information. The previously approved
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3501–3521). The collections of
information in part 112 have been
approved under OMB control number
0910–0816.
III. Electronic Access
Persons with access to the internet
may obtain the SECG at either https://
www.fda.gov/FoodGuidances, https://
www.fda.gov/regulatory-information/
search-fda-guidance-documents, or
https://www.regulations.gov. Use the
FDA website listed in the previous
sentence to find the most current
version of the guidance.
Dated: September 19, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–21840 Filed 9–23–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0796]
RIN 1625–AA00
Safety Zone; Allegheny River Mile
Marker 0.5 to 0.75, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the Allegheny River on September 28,
2024, at mile marker 0.5 to mile marker
0.75 from 8 p.m. through 9:30 p.m. This
safety zone is necessary to provide for
the safety of life on the navigable waters
during a drone display. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
SUMMARY:
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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Rules and Regulations
Captain of the Port, Pittsburgh, or a
designated representative.
DATES: This rule is effective 8 p.m.
through 9:30 p.m. on September 28,
2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0796 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 about this rule, call
or email Marine Science Technician
First Class Brett Lanzel, Marine Safety
Unit Pittsburgh, U.S. Coast Guard, at
telephone 206–815–6624, email
Brett.J.Lanzel@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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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 under the authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by September 28, 2024, and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule.
Also, 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 September 28, 2024,
to ensure the safety of life on the
navigable waters during the drone
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)
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has determined that potential hazards
associated with a drone show on
September 28, 2024, will be a safety
concern for anyone on the Allegheny
River at mile marker 0.5 to mile marker
0.75 from 8 p.m. to 9:30 p.m. This rule
is needed to protect participants,
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 safety zone
from 8 p.m. until 9:30 p.m. on
September 28, 2024. The safety zone
will cover all navigable waters between
mile marker 0.5 to 0.75 on the
Allegheny River. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
these navigable waters during a drone
display. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. To
seek permission to enter, contact the
COTP or designated representative via
VHF–FM channel 16, or through Marine
Safety Unit Pittsburgh at 206–815–6624.
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 Notice to
Mariners (BNMs), and/or Marine Safet
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
section 3(f) of 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).
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77777
This regulatory action determination
is based on size, location, and duration
of the temporary safety zone. This safety
zone only impacts a 0.25 mile stretch on
the Allegheny River for 90 minutes on
September 28, 2024. Moreover, the
Coast Guard will issue Local Notice to
Mariners and/or 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.
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77778
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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 lasting only 90 minutes that will
prohibit entry within mile marker 0.5
through 0.75 on the Allegheny River. It
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
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15:57 Sep 23, 2024
Jkt 262001
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, Recordkeeping requirements,
and 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.T08–0796 to read as
follows:
■
§ 165.T08–0796 Safety Zone; Allegheny
River Mile Marker 0.5 to 0.75, Pittsburgh,
PA.
(a) Location. The following area is a
safety zone: All navigable waters on the
Allegheny River between mile marker
0.5 and mile marker 0.75.
(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 VFH Channel 16, or
through Marine Safety Unit Pittsburgh
at 206–815–6624. 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 8 p.m. to 9:30
p.m. on September 28, 2024.
Dated: September 18, 2024.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of
the Port, MSU Pittsburgh.
[FR Doc. 2024–21839 Filed 9–23–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0806]
RIN 1625–AA00
Safety Zone; Ohio River, New Albany,
IN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Ohio River, from Mile Markers
606.5–609.6. The safety zone is needed
to ensure the safety of spectators during
the Fall Break Blast firework display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port,
Sector Ohio Valley.
DATES: This rule is effective from 8:30
p.m. to 10:30 p.m. on September 27,
2024.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0806 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions about this rule, call
or email Petty Officer Second Class
Dalton Johnson, U.S. Coast Guard;
telephone 502–779–5334, email
SECOHV-WWM@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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
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]]>Agencies
[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77776-77778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21839]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0796]
RIN 1625-AA00
Safety Zone; Allegheny River Mile Marker 0.5 to 0.75, Pittsburgh,
PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Allegheny River on September 28, 2024, at mile marker 0.5 to mile
marker 0.75 from 8 p.m. through 9:30 p.m. This safety zone is necessary
to provide for the safety of life on the navigable waters during a
drone display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the
[[Page 77777]]
Captain of the Port, Pittsburgh, or a designated representative.
DATES: This rule is effective 8 p.m. through 9:30 p.m. on September 28,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0796 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 about this rule,
call or email Marine Science Technician First Class Brett Lanzel,
Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 206-815-
6624, 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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. We must establish this safety zone by September 28,
2024, and lack sufficient time to provide a reasonable comment period
and then consider those comments before issuing this rule.
Also, 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 September 28, 2024, to ensure the safety of
life on the navigable waters during the drone 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 drone show on September 28, 2024,
will be a safety concern for anyone on the Allegheny River at mile
marker 0.5 to mile marker 0.75 from 8 p.m. to 9:30 p.m. This rule is
needed to protect participants, 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 safety zone from 8 p.m. until 9:30 p.m. on
September 28, 2024. The safety zone will cover all navigable waters
between mile marker 0.5 to 0.75 on the Allegheny River. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during a drone display. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. To seek
permission to enter, contact the COTP or designated representative via
VHF-FM channel 16, or through Marine Safety Unit Pittsburgh at 206-815-
6624. 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 Notice to Mariners (BNMs), and/or
Marine Safet 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 section 3(f) of 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 size, location,
and duration of the temporary safety zone. This safety zone only
impacts a 0.25 mile stretch on the Allegheny River for 90 minutes on
September 28, 2024. Moreover, the Coast Guard will issue Local Notice
to Mariners and/or 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.
[[Page 77778]]
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 lasting only 90 minutes that will prohibit entry within
mile marker 0.5 through 0.75 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, Recordkeeping
requirements, and 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.T08-0796 to read as follows:
Sec. 165.T08-0796 Safety Zone; Allegheny River Mile Marker 0.5 to
0.75, Pittsburgh, PA.
(a) Location. The following area is a safety zone: All navigable
waters on the Allegheny River between mile marker 0.5 and mile marker
0.75.
(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 VFH Channel 16, or through Marine Safety Unit
Pittsburgh at 206-815-6624. 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 8 p.m.
to 9:30 p.m. on September 28, 2024.
Dated: September 18, 2024.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2024-21839 Filed 9-23-24; 8:45 am]
BILLING CODE 9110-04-P
