Federal Register, Volume 74, Number 84, May 4, 2009, Pages 20405-20558 Page: 20,414
vii, 20557, ii p. ; 28 cm.View a full description of this periodical.
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Federal Register / Vol. 74, No. 84/ Monday, May 4, 2009 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0149]
RIN 1625-AA00
Safety Zone; Allegheny River,
Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard has
established a temporary safety zone
from mile marker 0.5 (Roberto Clemente
Highway Bridge) on the Allegheny River
to mile marker 1.4 (16th Street Highway
Bridge), extending 500 feet out from the
right descending bank. This safety zone
is needed to protect spectators and
vessels from the hazards associated with
the Urban Adventure's Adventure Race
event. Entry into this zone is prohibited,
unless specifically authorized by the
Captain of the Port Pittsburgh or a
designated representative.
DATES: This rule is effective from 9 a.m.
until 11 a.m. on May 30, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG-2009-
0149 and are available online by going
to http://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG-2009-0149 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
two locations: the Docket Management
Facility (M-30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12-140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the U.S. Coast Guard Marine Safety
Unit Pittsburgh, Suite 1150 Town Place,
100 Forbes Avenue, Pittsburgh, PA
15222, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Junior Grade
Douglas Kang, Marine Safety Unit
Pittsburgh, telephone 412-644-5808. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202-366-9826.SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final 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
immediate action is needed to protect
participant and spectator craft from the
hazards associated with Urban
Adventure's Adventure Race event.
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. Publishing an NPRM and
delaying its effective date would be
contrary to public interest because
immediate action is needed to protect
participant and spectator craft from the
hazards associated with Urban
Adventure's Adventure Race event.
Background and Purpose
The Coast Guard has established a
temporary safety zone from mile marker
0.5 (Roberto Clemente Highway Bridge)
on the Allegheny River to mile marker
1.4 (16th Street Highway Bridge),
extending 500 feet out from the right
descending bank. This safety zone is
needed to protect spectators and vessels
from the hazards associated with the
Urban Adventure's Adventure Race
event.
Discussion of Rule
The Captain of the Port Pittsburgh is
establishing a safety zone from mile
marker 0.5 (Roberto Clemente Highway
Bridge) on the Allegheny River to mile
marker 1.4 (16th Street Highway
Bridge), extending 500 feet out from the
right descending bank. Vessels shall not
enter into, depart from, or move within
this safety zone without permission
from the Captain of the Port Pittsburgh
or his authorized representative.
Persons or vessels requiring entry into
or passage through a safety zone must
request permission from the Captain of
the Port Pittsburgh, or a designated
representative. They may be contacted
on VHF-FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1-800-253-7465. This rule is
effective from 9 a.m. until 11 a.m. onMay 30, 2009. The Captain of the Port
Pittsburgh will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This rule will be in effect for a short
period of time and notifications to the
marine community will be made
through broadcast notices to mariners.
The impacts on routine navigation are
expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601-612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit that portion
of the waterways from mile marker 0.5
(Roberto Clemente Highway Bridge) on
the Allegheny River to mile marker 1.4
(16th Street Highway Bridge), extending
500 feet out from the right descending
bank from 9 a.m. to 11 a.m. on Saturday,
May 30, 2009. This safety zone will not
have a significant economic impact on
a substantial number of small entities
because this rule will only be in effect
for a short period of time.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),in the NPRM we offered to assist small
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 84, May 4, 2009, Pages 20405-20558, periodical, May 4, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132946/m1/17/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.