Special Local Regulation; Allegheny River Mile Marker 20.5-21.5, Creighton, PA

DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 100</CFR> <DEPDOC>[Docket Number USCG-2025-0130]</DEPDOC> <RIN>RIN 1625-AA08</RIN> <SUBJECT>Special Local Regulation; Allegheny River Mile Marker 20.5-21.5, Creighton, PA</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, Department of Homeland Security (DHS). <HD SOURCE="HED">ACTION:</HD> Notice of proposed rulemaking. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Coast Guard is proposing to establish a temporary special local regulation on the waters of the Allegheny River from mile marker 20.5 to mile marker 21.5 in Creighton, PA. This action is necessary to provide for the safety of life on these navigable waters from potential hazards during the powerboat regatta for the activities planned from June 7, 2025, through June 8, 2025. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Pittsburgh or a designated representative. We invite your comments on this proposed rulemaking. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments and related material must be received by the Coast Guard on or before May 27, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments identified by docket number USCG-2025-0130 using the Federal Decision-Making Portal at <E T="03">https://www.regulations.gov.</E> See the “Public Participation and Request for Comments” portion of the <E T="02">SUPPLEMENTARY INFORMATION</E> section for further instructions on submitting comments. This notice of proposed rulemaking with its plain-language, 100-word-or-less proposed rule summary will be available in this same docket. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> If you have questions about this proposed rulemaking, call or email Petty Officer Brett Lanzel, MSU Pittsburgh, U.S. Coast Guard; telephone 206-815-6624, email <E T="03">Brett.J.Lanzel@uscg.mil.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Table of Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Background, Purpose, and Legal Basis</HD> On February 4, 2025, an organization notified the Coast Guard that it will be conducting a powerboat regatta from 6 a.m. to 6 p.m. on June 7, 2025, and June 8, 2025. The regatta will take place on the Allegheny River between the Mile Markers 20.5 and 21.5 in Creighton, PA. The Captain of the Port Pittsburgh (COTP) has determined that potential hazards associated with the regatta, such as increased vessel traffic, would be a safety concern for any persons or vessels transiting through the area of the Allegheny River on the days of the event. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within the 1-mile regulated area around the racecourse before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70041. <HD SOURCE="HD1">III. Discussion of Proposed Rule</HD> The COTP is proposing to establish a temporary special local regulation from June 7, 2025, through June 8, 2025. The regulated area would cover all navigable waters from Mile Marker 20.5 to 21.5 on the Allegheny River located near Creighton, PA. The Coast Guard anticipates that this regulated area will be enforced between the hours of 5 a.m. and 7 p.m. each day. The duration of the regulation is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled event. No vessel or person would be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. <HD SOURCE="HD1">IV. Regulatory Analyses</HD> We developed this proposed 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. <HD SOURCE="HD2">A. Regulatory Planning and Review</HD> 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 NPRM has not been designated a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, and duration of the temporary special local regulation. This regulation impacts only a one mile stretch of the Allegheny River starting June 7, 2025, through June 8, 2025. The regulation will be enforced only during the event, which is anticipated to take place over a two-day period. Vessel traffic will be permitted to transit the area at other times. Moreover, the Coast Guard will issue Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs), via VHF-FM marine channel 13 or 16 about the regulated area and the rule allows vessels to seek permission from the COTP to transit the regulated area. <HD SOURCE="HD2">B. Impact on Small Entities</HD> 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see <E T="02">ADDRESSES</E> ) explaining why you think it qualifies and how and to what degree this rulemaking would economically affect it. 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 proposed rule. If the proposed 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. <HD SOURCE="HD2">C. Collection of Information</HD> This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). <HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD> 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 proposed 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 proposed rule does not have Tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would 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 proposed rule has implications for federalism or Indian Tribes, please call or email the person listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. <HD SOURCE="HD2">E. Unfunded Mandates Reform Act</HD> 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 proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble. <HD SOURCE="HD2">F. Environment</HD> We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a temporary special local regulation that impa ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 16k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━