[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30866-30869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14132]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0611]
RIN 1625-AA00


Safety Zone; Monongahela River Mile 32.0 to 36.0, Gallatin, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Monongahela River from mile marker 32.0 to 
mile marker 36.0. The safety zone is necessary to protect persons, 
vessels, and the marine environment from potential hazards created by 
pipeline removal work. Entry of vessels or persons into this zone is 
prohibited

[[Page 30867]]

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 July 2, 2018 
through 6 p.m. on July 11, 2018. For the purposes of enforcement, 
actual notice will be used from 6 a.m. on June 27, 2018, through July 
2, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0611 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 Petty Officer Jennifer Haggins, Marine Safety Unit 
Pittsburgh, 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 June 20, 2018, River Salvage notified the Coast Guard that it 
would be conducting several days of pipeline removal work over the next 
several weeks in the vicinity of mile marker 34 of the Monongahela 
River in Gallatin, PA. 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)(3)(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. We must establish this safety zone by June 27, 2018 and 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 contrary to the public interest because immediate 
action is necessary to respond to the potential safety hazards 
associated with the pipeline removal work.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has 
determined that potential hazards associated with pipeline removal work 
from June 27, 2018 through July 11, 2018, will be a safety concern for 
anyone on a four-mile stretch of the Monongahela River. This rule is 
necessary to protect persons, vessels, and the marine environment in 
the navigable waters within the safety zone while the pipeline is 
removed.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 6 a.m. on June 
27, 2018 through 6 p.m. on July 11, 2018. The safety zone will cover 
all navigable waters of the Monongahela River from mile marker 32.0 to 
mile marker 36.0. The Coast Guard was informed that the pipeline 
removal work would take place from 6 a.m. through 6 p.m. on each of 
approximately three consecutive days during the effective period. The 
periods of enforcement will be 30 minutes prior to, during, and 1 hour 
after any pipeline removal work. A safety vessel will coordinate all 
vessel traffic during the enforcement periods. The COTP or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), and/or Marine Safety 
Information Bulletins (MSIBs), or through other means of public notice, 
as appropriate, at least 3 hours in advance of the enforcement periods. 
The duration of the zone is intended to protect persons, vessels, and 
the marine environment in these navigable waters during pipeline work.
    No vessel or person will be permitted to enter the temporary 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 Marine Safety Unit 
Pittsburgh, U.S. Coast Guard. Vessels requiring entry into this safety 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or 67. All 
persons and vessels permitted to enter this safety zone must transit at 
their slowest safe speed and comply with all lawful directions issued 
by the COTP or the designated representative. The COTP or a designated 
representative will inform the public of the enforcement times and 
dates for this safety zone 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.
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. This temporary 
safety zone covers a four-mile stretch of the Monongahela River for 
twelve hours on approximately three days. Vessel traffic will be able 
to safely navigate through the affected area before and after the 
pipeline work, and a safety vessel will coordinate vessel traffic. 
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone, and the rule allows 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 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

[[Page 30868]]

temporary 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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 and Commandant Instruction M16475.1D, 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 that covers a four-mile stretch of the 
Monongahela River for twelve hours on approximately three days. 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. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-0611 to read as follows:


Sec.  165.T08-0611  Safety Zone; Monongahela River mile 32.0 to 36.0, 
Gallatin, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Monongahela River from mile marker 32.0 to mile marker 
36.0.
    (b) Effective period. This section is effective without actual 
notice from July 2, 2018 through 6 p.m. on July 11, 2018. For the 
purposes of enforcement, actual notice will be used from 6 a.m. on June 
27, 2018 through July 2, 2018.
    (c) Enforcement period. The Coast Guard was informed that the 
pipeline removal work would take place from 6 a.m. through 6 p.m. on 
each of approximately three consecutive days during the effective 
period. The periods of enforcement will be 30 minutes prior to, during, 
and 1 hour after any pipeline removal work. A safety vessel will 
coordinate all vessel traffic during the enforcement periods. The COTP 
or a designated representative will inform the public through Broadcast 
Notice to Mariners (BNM), Local Notices to Mariners (LNM), and/or 
Marine Safety Information Bulletins (MSIBs), or through other means of 
public notice, as appropriate, at least 3 hours in advance of the 
enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Marine Safety Unit 
Pittsburgh (COTP) or designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to Marine Safety Unit Pittsburgh, U.S. Coast 
Guard.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and dates for this 
safety zone through Broadcast Notices to Mariners

[[Page 30869]]

(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs), as appropriate.

    Dated: June 26, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-14132 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P


