[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79142-79144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22106]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0868]
RIN 1625-AA87


Security Zone; Monongahela River Mile Markers 0-43.5, Allegheny 
River Mile Markers 0-14.5, and Ohio River Mile Markers 0-28.5 and 89-
93, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing four security zones for 
certain navigable waters on the Allegheny, Monongahela, and Ohio Rivers 
to prevent waterside threats for persons under the protection of the 
United States Secret Service (USSS). These security zones will be 
enforced intermittently and when persons under USSS protection are in 
the area. This rule prohibits vessels and people from entering or 
remaining in the zones unless specifically exempt under the provisions 
of this rule or granted specific permission from the Captain of the 
Port Pittsburgh. The regulation will enhance the safety and security of 
persons and property, while minimizing, to the extent possible, the 
impact on commerce and legitimate waterway use.

DATES: This rule is effective without actual notice from September 27, 
2024 through November 30, 2024. For the purpose of enforcement, actual 
notice will be used from September 23, 2024, until September 27, 2024. 
This rule will be enforced when persons under USSS protection are in 
the vicinity of one of the security zone areas.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0868 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Marine Science Technician First Class Brett Lanzel, 
Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 206-815-
6624, email <a href="/cdn-cgi/l/email-protection#0163736475752f6b2f6d606f7b646d41747262662f6c686d"><span class="__cf_email__" data-cfemail="97f5e5f2e3e3b9fdb9fbf6f9edf2fbd7e2e4f4f0b9fafefb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port 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 seven separate occasions since February 2024, the COTP has 
established temporary security zones encompassing certain U.S. 
navigable waters on the Allegheny, Monongahela and Ohio River. These 
security zones were established and enforced at the request of the U.S. 
Secret Service (USSS) to support security measures required during 
visits by high-ranking United States government officials.
    There is a high likelihood that between September 23, 2024, and 
November 30, 2024, there will be several visits to the Pittsburgh, PA 
area by persons under USSS protection. Most of these visits will occur 
with less than two weeks' notice. Therefore, the Coast Guard is 
establishing these security zones to notify the public that when these 
visits occur, the Coast Guard may enforce one or more security zones to 
ensure the safety of the protected persons, vessels, bridges, and the 
public while the protected persons transit bridges or are at waterfront 
facilities. The security zones will be enforced only when protected 
persons are in the area. The Coast Guard will provide local notice for 
each instance the security zones will be enforced.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory 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 it is impracticable and contrary to the public interest to 
delay the effective date of this rule due to the short time period 
between event planners notifying the Coast Guard and the effective date 
needed for the security zones.
    It is impracticable because this security zone must be established 
by September 23, 2024, to provide for the security of life on the 
navigable waters during anticipated dignitary visits, and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. And publishing an 
NPRM is contrary to the public interest because waiting for the NPRM 
process would delay the establishment of the security zone until after 
the date of anticipated dignitary visits.
    Additionally, 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. As previously mentioned 
above, delaying the effective date of this rule would be impracticable 
and contrary to the public interest because action is needed by 
September 23, 2024, to ensure the security of the of life on the 
navigable waters during a dignitary visit.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051 and 70124. The Captain of the Port Pittsburgh (COTP) has 
determined that four security zone are needed to protect various 
visiting dignitaries, persons, and property during multiple anticipated 
visits between September 23, 2024, until November 30, 2024. This rule 
is necessary to provide waterside security and protection when persons 
under USSS protection are in these areas. These security zones will 
protect both the persons under USSS protection, vessels and certain 
shoreside facilities, and the public from potential hazards and 
threats.

IV. Discussion of the Rule

    This rule establishes four security zones that will be enforced at 
one (1) mile segments for up to six (6) hours each during various 
dignitary bridge crossings or waterside events from September 23, 2024, 
through November 30, 2024. The Coast Guard will provide local notice 
for each instance of enforcement. This rule is necessary to

[[Page 79143]]

expedite the establishment and enforcement of these security zones when 
short notice is provided to the COTP for USSS protectees who may be 
present in the area.
    Security Zone One will cover all navigable waters on the 
Monongahela River Mile Markers 0-43.5. Security Zone Two will cover all 
navigable waters on the Allegheny River Mile Markers 0-14.5. Security 
Zone Three will cover all navigable waters on the Ohio River Mile 
Markers 0-28.5. Security Zone Four will cover all navigable waters on 
the Ohio River Mile Marker 89-93. The duration of each instance of 
enforcement of the security zone is intended to protect a visiting 
dignitary and the other persons and property in the zone. These 
security zones may be activated individually or simultaneously with 
respect to the presence of USSS protectees.
    No vessel or person is permitted to enter or remain in the security 
zone without obtaining permission from the COTP or a designated 
representative of the COTP. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) 
assigned to units under the operational control of the COTP. To seek 
permission to enter, contact the COTP or a designated representative 
via VHF-FM channel 16, or through Marine Safety Unit Pittsburgh at 206-
815-6624. Persons and vessels permitted to enter the security zone must 
comply with all lawful orders or directions issued by the COTP or 
designated representative. The COTP or a designated representative will 
inform the public of the effective period for the security zone as well 
as any changes in the dates and times of enforcement through Local 
Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, 
this rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on size, location, 
and duration of the temporary security zones. These security zones will 
impact one (1) mile stretches for up to six (6) hours at a time on the 
Monongahela River, Allegheny River and the Ohio River starting 
September 23, 2024, and ending November 30, 2024. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the enforcement of these zones and this rule allows 
vessels to seek permission from the COTP to transit 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 
security 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 four 
security zones to be enforced in one (1)

[[Page 79144]]

mile segments for up to six (6) hours on each instance of enforcement, 
from September 23, 2024, through November 30, 2024, on the Monongahela 
River, Allegheny River, or Ohio River, during an important dignitary 
visit. 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 security 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0868 to read as follows:


Sec.  165.T08-0868  Security Zone; Monongahela River, Allegheny River, 
and Ohio River, Pittsburgh, PA.

    (a) Location. The following areas are security zones:
    (1) Security Zone One will cover all navigable waters on the 
Monongahela River Mile Markers 0-43.5.
    (2) Security Zone Two will cover all navigable waters on the 
Allegheny River Mile Markers 0-14.5.
    (3) Security Zone Three will cover all navigable waters on the Ohio 
River Mile Markers 0-28.5.
    (4) Security Zone Four will cover all navigable waters on the Ohio 
River Mile Marker 89-93.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to enforce this security zone described in 
paragraph (a) of this section.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter or remain in the security 
zones described in paragraph (a) of this section unless authorized by 
the COTP or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on Channel 16. The COTP's representative may be 
contacted at 206-815-6624. Those in the security zone must comply with 
all lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (3) The U.S. Coast Guard may secure the entirety of all or each 
security zones if deemed necessary to address security threats or 
concerns.
    (d) Enforcement period. (1) The Coast Guard activates the security 
zones when requested by the U.S. Secret Service for the protection of 
individuals who qualify for their protection. The COTP will provide the 
public with notice of enforcement of security zone by Broadcast Notice 
to Mariners (BNM). This section will be enforced in one (1) mile 
segments for up to six (6) hours in each instance of enforcement from 
September 23, 2024, through November 30, 2024. The Coast Guard will 
provide local notice of each instance of enforcement of the temporary 
security zone.
    (2) These security zones may be enforced individually or 
simultaneously.

    Dated: September 23, 2024
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2024-22106 Filed 9-26-24; 8:45 am]
BILLING CODE 9110-04-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>