[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17030-17032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06243]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0058]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 23.8 to Mile 26.0,
Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Monongahela River from mile 23.8 to mile
26.0. This action is necessary to protect persons, vessels, and the
marine environment from potential hazards associated with power line
work across the river near Elrama Power Plant, Pittsburgh, PA, during
an electrical conductor pull from March 23, 2020 through April 6, 2020.
Entry of persons or vessels into this zone is prohibited unless
authorized by the Captain of the Port Marine Safety Unit Pittsburgh or
a designated representative.
DATES: This rule is effective without actual notice from March 26, 2020
through April 6, 2020. For the purposes of enforcement, actual notice
will be used from March 23, 2020 through March 26, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0058 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Trevor Vannatta, Waterways Management U.S. Coast
Guard; telephone 412-221-0807, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
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
On November 12, 2019, the Duquesne Light Company notified the Coast
Guard that it will be conducting an electrical conductor pull on March
23, 2020, in order to replace existing electrical conductor with new
higher ampacity electrical conductor. The conductor pull will take
place between mile 23.8 and mile 26 on the Elrama Power Plant side of
the Monongahela River. In response, on February 3, 2020, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled USCG-
2020-0058_NPRM_D8 (85 FR 5909). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
conductor pull project. During the comment period that ended March 4,
2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Pittsburgh
(COTP) has determined that potential hazards from the conductor pull
include danger to the navigability of the waterway due to obstruction
by equipment. The Captain of the Port (COTP) Marine Safety Unit
Pittsburgh has determined that potential hazards associated with
ongoing work would be a safety concern for anyone transiting the river
during the maintenance activity. Possible hazards include risks of
injury or death from near or actual contact among working vessels and
mariners traversing through the safety zone.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 3, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from March 23, 2020 through
April 6, 2020. The safety zone would cover all navigable waters from
mile 23.8 to mile 26.0 on the Monongahela River near Pittsburgh, PA.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after a scheduled
maintenance activity at the Elrama Power Plant. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel
16 or by telephone at (412) 221-0807. Persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all lawful instructions of the COTP or a designated
representative. Breaks in the conductor pull will occur during the
enforcement periods, which will allow vessels to pass through the
safety zone. The COTP or a designated representative will inform the
public of the enforcement period for the safety zone as well as any
changes in the schedule through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
[[Page 17031]]
This regulatory action determination is based on the size,
location, and duration of the safety zone. The zone will impact a 2.2
mile stretch of the Monongahela River and only be enforced during
active maintenance periods, and vessel traffic would be able to safely
transit around the safety zone. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter 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 received 0 comments from the Small Business
Administration on this rulemaking. 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 from mile 23.8 to mile 26.0 on the Monongahela River near
Pittsburgh, PA from March 23, 2020 through April 6, 2020. 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0058 to read as follows:
Sec. 165.T08-0058 Safety Zone; Monongahela, Mile 23.8 to Mile 26.0,
Pittsburgh, PA
(a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile 23.8 to mile 26.
(b) Effective period. This section is effective from March 23, 2020
through April 6, 2020.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. The COTP's representative may be contacted at (412)
221-0807 or on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative.
[[Page 17032]]
Designated COTP representatives include United States Coast Guard
commissioned, warrant, and petty officer.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
Dated: March 20, 2020.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2020-06243 Filed 3-25-20; 8:45 am]
BILLING CODE 9110-04-P