[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Rules and Regulations]
[Page 14150-14151]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr03-11]
[[Page 14150]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Pittsburgh-02-019]
RIN 1625-AA00 (Formerly RIN 2115-AA97)
Security Zone; Ohio River Mile 119.0 to 119.8, Natrium, West
Virginia
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a security zone encompassing
all waters extending 200 feet from the water's edge of the left
descending bank of the Ohio River, beginning from mile marker 119.0 and
ending at mile marker 119.8. This security zone is necessary to protect
Pittsburgh Plate Glass Industries (PPG), persons and vessels from
subversive or terrorist acts. Entry of persons and vessels into this
security zone is prohibited unless authorized by the Coast Guard
Captain of the Port Pittsburgh or a designated representative.
DATES: This rule is effective beginning March 15, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [COTP Pittsburgh-02-019] and are available for
inspection or copying at Marine Safety Office Pittsburgh, Suite 1150
Kossman Bldg., 100 Forbes Ave. Pittsburgh, PA 15222-1371, between 7:30
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer (PO) Michael Marsula,
Marine Safety Office Pittsburgh at (412) 644-5808 x2114.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 16, 2002, the Coast Guard published a notice of
proposed rulemaking entitled ``Security Zone; Ohio River Mile 119.0 to
119.8, Natrium, West Virginia'', in the Federal Register (67 FR 77008).
We received no comments on the proposed rule. No public hearing was
requested, and none was held.
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. This final rule maintains the
status quo for the security zone. We received no comments on either the
temporary final rule or the NPRM. Delaying its effective date would be
contrary to public interest because immediate action is needed to
continue to respond to existing security risks.
Background and Purpose
The Captain of the Port Pittsburgh established a temporary security
zone for the area adjacent to PPG that expired June 15, 2002 [COTP
Pittsburgh-02-001] (67 FR 9589, March 4, 2002). No comments or
objections were received concerning this rule. National security and
intelligence officials have warned that future terrorist attacks
against civilian targets are anticipated. In response to those
continued threats, heightened awareness and security of our ports and
harbors is necessary. The Captain of the Port has established a
temporary security zone for this area [COTP Pittsburgh-02-019] (67 FR
58332). That temporary final rule was published in the Federal Register
on September 16, 2002. Advisories regarding continued threats of
terrorism have revealed the need for a continuous security zone to
protect PPG, persons, and vessels from subversive or terrorist attacks.
This security zone includes the waters of the Ohio River extending 200
feet from the water's edge of the left descending bank between mile
markers 119.0 and 119.8.
The Captain of the Port, Pittsburgh has determined that there is a
need for this security zone to remain in effect indefinitely because of
the continued threat of terrorism and the nature of the material
handled at PPG.
Discussion of Comments and Changes
We received no comments on the proposed rule. Therefore, we have
made no substantive changes to the provisions of the proposed rule.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This rule will not obstruct the regular flow of vessel traffic and
will allow vessel traffic to pass safely around the security zone.
Vessels may be permitted to enter the security zone on a case-by-case
basis.
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
would not have a significant economic impact on a substantial number of
small entities. The Coast Guard is unaware of any small entities that
would be impacted by this rule. The navigable channel remains open to
all vessel traffic. We received no comments or objections regarding the
previous security zone covering the same area.
If you are a small business entity and are significantly affected
by this regulation please contact PO Michael Marsula, U.S. Coast Guard
Marine Safety Office Pittsburgh, Suite 1150, Kossman Bldg., 100 Forbes
Ave., Pittsburgh, PA at (412) 644-5808, X2114.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of
[[Page 14151]]
compliance on them. We have analyzed this rule under that Order and
have determined that it does not have implications for federalism.
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 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in the National
Environmental Policy Act of 1969 (NEPA). A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
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
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(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
2. Add Sec. 165.822 to read as follows:
Sec. 165.822 Security Zone; Ohio River Mile 119.0 to 119.8 Natrium,
WV.
(a) Location. The following area is a security zone: the waters of
the Ohio River extending 200 feet from the water's edge of the left
descending bank between mile markers 119.0 and 119.8.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port
Pittsburgh or a designated representative.
(2) Persons or vessels desiring to transit the area of the security
zone may contact the Captain of the Port Pittsburgh at telephone number
412-644-5808 or on VHF channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Pittsburgh or a
designated representative.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
Dated: March 10, 2003.
Steve L. Hudson,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 03-6916 Filed 3-21-03; 8:45 am]
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