81_FR_41939 81 FR 41815 - Safety Zone; Allegheny River Mile 0-0.5, Monongahela River Mile 0-0.5, Ohio River Mile 0-0.5, Pittsburgh, PA

81 FR 41815 - Safety Zone; Allegheny River Mile 0-0.5, Monongahela River Mile 0-0.5, Ohio River Mile 0-0.5, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range41815-41817
FR Document2016-15239

The Coast Guard is establishing a temporary safety zone for navigable waters of the Allegheny River, Monongahela River, and Ohio River from mile 0.0-0.5 on each of the three rivers. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh.

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41815-41817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15239]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0538]
RIN 1625-AA00


Safety Zone; Allegheny River Mile 0-0.5, Monongahela River Mile 
0-0.5, Ohio River Mile 0-0.5, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Allegheny River, Monongahela River, and Ohio 
River from mile 0.0-0.5 on each of the three rivers. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created from a barge-based fireworks display. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Pittsburgh.

DATES: This rule is effective on July 9, 2016 from 8:30 p.m. until 
10:30 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0538 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 MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, 
U.S. Coast Guard, at telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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

    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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard received notice on 
June 8, 2016 that this fireworks display would take place. After 
receiving and fully reviewing the event information, circumstances, and 
exact location, the Coast Guard determined that a safety zone is 
necessary to protect personnel, vessels, and the marine environment 
from potential hazards created from a barge-based fireworks display on 
the navigable waterway. It would be impracticable to complete the full 
NPRM process for this safety zone because it needs to be established by 
July 9, 2016. The fireworks display has been advertised and the local 
community has prepared for the event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying this rule 
would be contrary to public interest of ensuring the safety of 
spectators and vessels during the event. Immediate action is necessary 
to prevent possible loss of life and property during the hazards 
created by a barge-based fireworks display.

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 Pittsburgh (COTP) has determined that a 
safety zone is needed on July 9, 2016. This rule is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created from a barge-based fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 9, 2016 from 8:30 p.m. 
until 10:30 p.m. The safety zone will cover all navigable waters on the 
Allegheny River, Monongahela River, and Ohio River from mile 0.0-0.5 on 
each of the three rivers. The duration of the safety zone is intended 
to protect personnel, vessels, and the marine environment from 
potential hazards created from a barge-based firework display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone impacts a 
small portion of the waterway on each of the three rivers and for a 
limited duration of two hours. Vessel traffic will be informed about 
the safety zone through local notices to mariners. Moreover, the Coast 
Guard will issue broadcast botices to mariners

[[Page 41816]]

via VHF-FM marine channel 16 about the zone and the rule allows vessels 
to seek permission 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 
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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 safety zone lasting two hours that will prohibit entry 
to the Allegheny River, Monongahela River, and Ohio River from mile 
0.0-0.5 on each of the three rivers, during the barge-based firework 
event. It is categorically excluded from further review under paragraph 
34 (g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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

    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.T08-0538 to read as follows:


Sec.  165.T08-0538  Safety Zone, Allegheny River, Monongahela River, 
and Ohio River, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: Allegheny River, 
Monongahela River, and Ohio River from mile 0.0-0.5 on each of the 
three rivers.
    (b) Enforcement. This rule will be enforced, from 8:30 p.m. until 
10:30 p.m. on July 9, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Pittsburgh or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Pittsburgh or 
a designated representative. The Captain of the Pittsburgh 
representative may be contacted at 412-221-0807.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Pittsburgh or their designated representative. 
Designated Captain of the Port representatives include United States 
Coast Guard commissioned, warrant, and petty officers.

[[Page 41817]]

    (d) Information Broadcasts. The Captain of the Port Pittsburgh or a 
designated representative 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.

L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-15239 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations                                          41815

                                                  Delaware River, adjacent to Penn’s                      DATES: This rule is effective on July 9,               Immediate action is necessary to
                                                  Landing, Philadelphia, PA, bounded                      2016 from 8:30 p.m. until 10:30 p.m.                   prevent possible loss of life and
                                                  from shoreline to shoreline, bounded on                 ADDRESSES: To view documents                           property during the hazards created by
                                                  the south by a line running east to west                mentioned in this preamble as being                    a barge-based fireworks display.
                                                  from points along the shoreline at                      available in the docket, go to http://                 III. Legal Authority and Need for Rule
                                                  latitude 39°56′31.2″ N, longitude                       www.regulations.gov, type USCG–2016–
                                                  075°08′28.1″ W; thence to latitude                      0538 in the ‘‘SEARCH’’ box and click                      The Coast Guard is issuing this rule
                                                  39°56′29″.1 N, longitude 075°07′56.5″                   ‘‘SEARCH.’’ Click on Open Docket                       under authority in 33 U.S.C. 1231. The
                                                  W, and bounded on the north by the                      Folder on the line associated with this                Captain of the Port Pittsburgh (COTP)
                                                  Benjamin Franklin Bridge.                               rule.                                                  has determined that a safety zone is
                                                     As specified in § 165.506, during the                FOR FURTHER INFORMATION CONTACT: If                    needed on July 9, 2016. This rule is
                                                  enforcement period no vessel may                        you have questions on this rule, call or               needed to protect personnel, vessels,
                                                  transit this safety zone without approval               email MST1 Jennifer Haggins, Marine                    and the marine environment from
                                                  from the Captain of the Port Delaware                   Safety Unit Pittsburgh, U.S. Coast                     potential hazards created from a barge-
                                                  Bay (COTP). If permission is granted, all               Guard, at telephone 412–221–0807,                      based fireworks display.
                                                  persons and vessels shall comply with                   email Jennifer.L.Haggins@uscg.mil.                     IV. Discussion of the Rule
                                                  the instructions of the COTP or                         SUPPLEMENTARY INFORMATION:
                                                  designated representative.                                                                                        This rule establishes a safety zone on
                                                     This notice of enforcement is issued                 I. Table of Abbreviations                              July 9, 2016 from 8:30 p.m. until 10:30
                                                  under authority of 33 CFR 165.506 and                                                                          p.m. The safety zone will cover all
                                                                                                          CFR Code of Federal Regulations
                                                  5 U.S.C. 552(a). In addition to this                    DHS Department of Homeland Security                    navigable waters on the Allegheny
                                                  notice of enforcement in the Federal                    FR Federal Register                                    River, Monongahela River, and Ohio
                                                  Register, the Coast Guard will provide                  NPRM Notice of proposed rulemaking                     River from mile 0.0–0.5 on each of the
                                                  the maritime community with advanced                    § Section                                              three rivers. The duration of the safety
                                                                                                          U.S.C. United States Code                              zone is intended to protect personnel,
                                                  notification of this enforcement period
                                                  via Broadcast Notice to Mariners (BNM).                 II. Background Information and                         vessels, and the marine environment
                                                  If the COTP, Delaware Bay, determines                   Regulatory History                                     from potential hazards created from a
                                                  that the regulated area need not be                                                                            barge-based firework display. No vessel
                                                                                                             The Coast Guard is issuing this                     or person will be permitted to enter the
                                                  enforced for the full duration, a BNM to                temporary rule without prior notice and
                                                  grant general permission to enter the                                                                          safety zone without obtaining
                                                                                                          opportunity to comment pursuant to                     permission from the COTP or a
                                                  safety zone will be used.                               authority under section 4(a) of the                    designated representative.
                                                    Dated: June 14, 2016.                                 Administrative Procedure Act (APA) (5
                                                  Benjamin A. Cooper,                                     U.S.C. 553(b)). This provision                         V. Regulatory Analyses
                                                  Captain, U.S. Coast Guard, Captain of the               authorizes an agency to issue a rule                     We developed this rule after
                                                  Port Delaware Bay.                                      without prior notice and opportunity to                considering numerous statutes and
                                                  [FR Doc. 2016–15032 Filed 6–27–16; 8:45 am]             comment when the agency for good                       Executive orders related to rulemaking.
                                                  BILLING CODE 9110–04–P                                  cause finds that those procedures are                  Below we summarize our analyses
                                                                                                          ‘‘impracticable, unnecessary, or contrary              based on a number of these statutes and
                                                                                                          to the public interest.’’ Under 5 U.S.C.               Executive orders, and we discuss First
                                                  DEPARTMENT OF HOMELAND                                  553(b)(B), the Coast Guard finds that                  Amendment rights of protestors.
                                                  SECURITY                                                good cause exists for not publishing a
                                                                                                          notice of proposed rulemaking (NPRM)                   A. Regulatory Planning and Review
                                                  Coast Guard                                             with respect to this rule because the                     Executive Orders 12866 and 13563
                                                                                                          Coast Guard received notice on June 8,                 direct agencies to assess the costs and
                                                  33 CFR Part 165                                         2016 that this fireworks display would                 benefits of available regulatory
                                                  [Docket Number USCG–2016–0538]                          take place. After receiving and fully                  alternatives and, if regulation is
                                                                                                          reviewing the event information,                       necessary, to select regulatory
                                                  RIN 1625–AA00                                           circumstances, and exact location, the                 approaches that maximize net benefits.
                                                                                                          Coast Guard determined that a safety                   Executive Order 13563 emphasizes the
                                                  Safety Zone; Allegheny River Mile 0–
                                                                                                          zone is necessary to protect personnel,                importance of quantifying both costs
                                                  0.5, Monongahela River Mile 0–0.5,
                                                                                                          vessels, and the marine environment                    and benefits, of reducing costs, of
                                                  Ohio River Mile 0–0.5, Pittsburgh, PA
                                                                                                          from potential hazards created from a                  harmonizing rules, and of promoting
                                                  AGENCY:    Coast Guard, DHS.                            barge-based fireworks display on the                   flexibility. This rule has not been
                                                  ACTION:   Temporary final rule.                         navigable waterway. It would be                        designated a ‘‘significant regulatory
                                                                                                          impracticable to complete the full                     action,’’ under Executive Order 12866.
                                                  SUMMARY:   The Coast Guard is                           NPRM process for this safety zone                      Accordingly, it has not been reviewed
                                                  establishing a temporary safety zone for                because it needs to be established by                  by the Office of Management and
                                                  navigable waters of the Allegheny River,                July 9, 2016. The fireworks display has                Budget.
                                                  Monongahela River, and Ohio River                       been advertised and the local                             This regulatory action determination
                                                  from mile 0.0–0.5 on each of the three                  community has prepared for the event.                  is based on the size, location, and
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  rivers. The safety zone is needed to                       We are issuing this rule, and under 5               duration of the safety zone. This safety
                                                  protect personnel, vessels, and the                     U.S.C. 553(d)(3), the Coast Guard finds                zone impacts a small portion of the
                                                  marine environment from potential                       that good cause exists for making it                   waterway on each of the three rivers and
                                                  hazards created from a barge-based                      effective less than 30 days after                      for a limited duration of two hours.
                                                  fireworks display. Entry of vessels or                  publication in the Federal Register.                   Vessel traffic will be informed about the
                                                  persons into this zone is prohibited                    Delaying this rule would be contrary to                safety zone through local notices to
                                                  unless specifically authorized by the                   public interest of ensuring the safety of              mariners. Moreover, the Coast Guard
                                                  Captain of the Port Pittsburgh.                         spectators and vessels during the event.               will issue broadcast botices to mariners


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                                                  41816              Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations

                                                  via VHF–FM marine channel 16 about                      effect on the States, on the relationship              ADDRESSES. We seek any comments or
                                                  the zone and the rule allows vessels to                 between the national government and                    information that may lead to the
                                                  seek permission to transit the zone.                    the States, or on the distribution of                  discovery of a significant environmental
                                                                                                          power and responsibilities among the                   impact from this rule.
                                                  B. Impact on Small Entities
                                                                                                          various levels of government. We have
                                                     The Regulatory Flexibility Act of                    analyzed this rule under that Order and                G. Protest Activities
                                                  1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                    The Coast Guard respects the First
                                                  requires Federal agencies to consider                   with the fundamental federalism                        Amendment rights of protesters.
                                                  the potential impact of regulations on                  principles and preemption requirements                 Protesters are asked to contact the
                                                  small entities during rulemaking. The                   described in Executive Order 13132.                    person listed in the FOR FURTHER
                                                  term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                INFORMATION CONTACT section to
                                                  businesses, not-for-profit organizations                implications under Executive Order                     coordinate protest activities so that your
                                                  that are independently owned and                        13175, Consultation and Coordination                   message can be received without
                                                  operated and are not dominant in their                  with Indian Tribal Governments,                        jeopardizing the safety or security of
                                                  fields, and governmental jurisdictions                  because it does not have a substantial                 people, places or vessels.
                                                  with populations of less than 50,000.                   direct effect on one or more Indian
                                                                                                          tribes, on the relationship between the                List of Subjects in 33 CFR Part 165
                                                  The Coast Guard certifies under 5 U.S.C.
                                                  605(b) that this rule will not have a                   Federal Government and Indian tribes,                    Marine safety, Navigation (water),
                                                  significant economic impact on a                        or on the distribution of power and                    Reporting and recordkeeping
                                                  substantial number of small entities.                   responsibilities between the Federal                   requirements, Security measures,
                                                     While some owners or operators of                    Government and Indian tribes. If you                   Waterways.
                                                  vessels intending to transit the safety                 believe this rule has implications for                   For the reasons discussed in the
                                                  zone may be small entities, for the                     federalism or Indian tribes, please                    preamble, the Coast Guard amends 33
                                                  reasons stated in section V.A above, this               contact the person listed in the FOR                   CFR part 165 as follows:
                                                  rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                                  economic impact on any vessel owner                     above.                                                 PART 165—REGULATED NAVIGATION
                                                  or operator.                                                                                                   AREAS AND LIMITED ACCESS AREAS
                                                                                                          E. Unfunded Mandates Reform Act
                                                     Under section 213(a) of the Small
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     ■ 1. The authority citation for part 165
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  continues to read as follows:
                                                  we want to assist small entities in                     Federal agencies to assess the effects of                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  would affect your small business,                       particular, the Act addresses actions                  Department of Homeland Security Delegation
                                                  organization, or governmental                           that may result in the expenditure by a                No. 0170.1.
                                                  jurisdiction and you have questions                     State, local, or tribal government, in the
                                                                                                                                                                 ■ 2. Add § 165.T08–0538 to read as
                                                  concerning its provisions or options for                aggregate, or by the private sector of
                                                                                                                                                                 follows:
                                                  compliance, please contact the person                   $100,000,000 (adjusted for inflation) or
                                                  listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                 § 165.T08–0538 Safety Zone, Allegheny
                                                  CONTACT section.                                        will not result in such expenditure, we                River, Monongahela River, and Ohio River,
                                                     Small businesses may send comments                   do discuss the effects of this rule                    Pittsburgh, PA.
                                                  on the actions of Federal employees                     elsewhere in this preamble.                              (a) Location. The following area is a
                                                  who enforce, or otherwise determine                     F. Environment                                         safety zone: Allegheny River,
                                                  compliance with, Federal regulations to                                                                        Monongahela River, and Ohio River
                                                  the Small Business and Agriculture                         We have analyzed this rule under                    from mile 0.0–0.5 on each of the three
                                                  Regulatory Enforcement Ombudsman                        Department of Homeland Security                        rivers.
                                                  and the Regional Small Business                         Management Directive 023–01 and                           (b) Enforcement. This rule will be
                                                  Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                      enforced, from 8:30 p.m. until 10:30
                                                  Ombudsman evaluates these actions                       which guide the Coast Guard in                         p.m. on July 9, 2016.
                                                  annually and rates each agency’s                        complying with the National                               (c) Regulations. (1) In accordance with
                                                  responsiveness to small business. If you                Environmental Policy Act of 1969(42                    the general regulations in § 165.23 of
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                           this part, entry into this zone is
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a                prohibited unless authorized by the
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                        Captain of the Port Pittsburgh or a
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                    designated representative.
                                                  small entities that question or complain                significant effect on the human                           (2) Persons or vessels requiring entry
                                                  about this rule or any policy or action                 environment. This rule involves a safety               into or passage through the zone must
                                                  of the Coast Guard.                                     zone lasting two hours that will prohibit              request permission from the Captain of
                                                                                                          entry to the Allegheny River,                          the Port Pittsburgh or a designated
                                                  C. Collection of Information                            Monongahela River, and Ohio River                      representative. The Captain of the
                                                    This rule will not call for a new                     from mile 0.0–0.5 on each of the three                 Pittsburgh representative may be
                                                  collection of information under the                     rivers, during the barge-based firework                contacted at 412–221–0807.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Paperwork Reduction Act of 1995 (44                     event. It is categorically excluded from                  (3) All persons and vessels shall
                                                  U.S.C. 3501–3520).                                      further review under paragraph 34 (g) of               comply with the instructions of the
                                                                                                          Figure 2–1 of the Commandant                           Captain of the Port Pittsburgh or their
                                                  D. Federalism and Indian Tribal                         Instruction. An environmental analysis                 designated representative. Designated
                                                  Governments                                             checklist supporting this determination                Captain of the Port representatives
                                                    A rule has implications for federalism                and a Categorical Exclusion                            include United States Coast Guard
                                                  under Executive Order 13132,                            Determination are available in the                     commissioned, warrant, and petty
                                                  Federalism, if it has a substantial direct              docket where indicated under                           officers.


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                                                                     Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations                                          41817

                                                    (d) Information Broadcasts. The                       Agencies are required to issue the                     memorandum contains a table with a
                                                  Captain of the Port Pittsburgh or a                     interim final rule with the initial catch              multiplier for the change in CPI–U from
                                                  designated representative will inform                   up adjustment by July 1, 2016.                         the year the penalty was established or
                                                  the public through broadcast notices to                    The method of calculating                           last adjusted to 2015. To arrive at the
                                                  mariners of the enforcement period for                  inflationary adjustments in the 2015 Act               adjusted penalty the agency must
                                                  the safety zone as well as any changes                  differs substantially from the methods                 multiply the penalty amount when it
                                                  in the planned schedule.                                used in past inflationary adjustment                   was established or last adjusted by
                                                                                                          rulemakings conducted pursuant to the                  Congress, excluding adjustments under
                                                  L. Mcclain, Jr.,                                        Federal Civil Penalties Inflation                      the Inflation Adjustment Act, by the
                                                  Commander, U.S. Coast Guard, Captain of                 Adjustment Act of 1990 (the Inflation                  multiplier for the increase in CPI–U
                                                  the Port Pittsburgh.                                    Adjustment Act), Public Law 101–410.                   from the year the penalty was
                                                  [FR Doc. 2016–15239 Filed 6–27–16; 8:45 am]             Previously, adjustments to civil                       established or adjusted provided in the
                                                  BILLING CODE 9110–04–P                                  penalties were conducted under rules                   February 24, 2016 memorandum. The
                                                                                                          that required significant rounding of                  2015 Act limits the initial inflationary
                                                                                                          figures. For example, a penalty increase               adjustment to 150 percent of the current
                                                  DEPARTMENT OF TRANSPORTATION                            that was greater than $1,000, but less                 penalty. To determine whether the
                                                                                                          than or equal to $10,000, would be                     increase in the adjusted penalty is less
                                                  Saint Lawrence Seaway Development                       rounded to the nearest multiple of                     than 150 percent, the agency must
                                                  Corporation                                             $1,000. While this allowed penalties to                multiply the current penalty by 250
                                                                                                          be kept at round numbers, it meant that                percent. The adjusted penalty is the
                                                  33 CFR Part 401                                         penalties would often not be increased                 lesser of either the adjusted penalty
                                                  RIN 2135–40                                             at all if the inflation factor was not large           based on the multiplier for CPI–U in
                                                                                                          enough. Furthermore, increases to                      Table A of the February 24, 2016
                                                  Civil Penalties                                         penalties were capped at 10 percent.                   memorandum or an amount equal to
                                                                                                          Over time, this formula caused penalties               250 percent of the current penalty. This
                                                  AGENCY:  Saint Lawrence Seaway                          to lose value relative to total inflation.             interim final rule adjusts the civil
                                                  Development Corporation (SLSDC),                           The 2015 Act has removed these                      penalties for violations of statutes and
                                                  Department of Transportation (DOT).                     rounding rules; now, penalties are                     regulations that SLSDC administers
                                                  ACTION: Interim final rule.                             simply rounded to the nearest $1. While                consistent with the February 24, 2016
                                                                                                          this creates penalty values that are no                memorandum.
                                                  SUMMARY:   This interim final rule
                                                                                                          longer round numbers, it does ensure
                                                  updates the maximum civil penalty                                                                              II. Inflationary Adjustments to Penalty
                                                                                                          that penalties will be increased each
                                                  amounts for violations of statutes and                                                                         Amounts in 33 CFR Part 401
                                                                                                          year to a figure commensurate with the
                                                  regulations administered by SLSDC
                                                                                                          actual calculated inflation. Furthermore,                 The Ports and Waterways Act of 1972,
                                                  pursuant to the Federal Civil Penalties
                                                                                                          the 2015 Act ‘‘resets’’ the inflation                  as amended by the Ports and Tanker
                                                  Inflation Adjustment Improvement Act                                                                           Safety Act, Public Law 95–474, sec. 2,
                                                                                                          calculations by excluding prior
                                                  of 2015. This final rule amends our                                                                            Oct. 17, 1978, 92 Stat. 1471 (1978),
                                                                                                          inflationary adjustments under the
                                                  regulations to reflect the new civil                                                                           established a maximum civil penalty of
                                                                                                          Inflation Adjustment Act, which
                                                  penalty amounts for violations of the                                                                          $25,000 for each violation of the Seaway
                                                                                                          contributed to a decline in the real value
                                                  Seaway Regulations and Rules under                                                                             Rules and Regulations at 33 CFR part
                                                                                                          of penalty levels. To do this, the 2015
                                                  the authority of the Ports and                                                                                 401. This civil penalty has not been
                                                                                                          Act requires agencies to identify, for
                                                  Waterways Safety Act of 1972, as                                                                               updated since it was established, except
                                                                                                          each penalty, the year and
                                                  amended (PWSA).                                                                                                for inflationary adjustments pursuant to
                                                                                                          corresponding amount(s) for which the
                                                  DATES: Effective date: This rule is                                                                            the Inflation Adjustment Act of 1990.
                                                                                                          maximum penalty level or range of
                                                  effective July 28, 2016.                                minimum and maximum penalties was                      Applying the multiplier for the increase
                                                  FOR FURTHER INFORMATION CONTACT:                        established (i.e., originally enacted by               in CPI–U for 1978 in Table A of the
                                                  Carrie Lavigne, Chief Counsel, SLSDC,                   Congress) or last adjusted by statute or               February 24, 2016 memorandum
                                                  telephone (315) 764–3231, 180 Andrews                   regulation other than pursuant to the                  (3.54453) results in an adjusted civil
                                                  Street, Massena, NY 13362.                              Inflation Adjustment Act.                              penalty of $88,613, which is below the
                                                  SUPPLEMENTARY INFORMATION:                                 The Director of the Office of                       150 percent cap Accordingly, paragraph
                                                                                                          Management and Budget (OMB)                            (a) of § 401.102 is being amended to
                                                  I. Background
                                                                                                          provided guidance to agencies in a                     change the amount of the penalty to
                                                     On November 2, 2015, the Federal                     February 24, 2016 memorandum on                        $88,613.
                                                  Civil Penalties Inflation Adjustment                    how to calculate the initial adjustment
                                                  Improvement Act (the 2015 Act), Public                                                                         Public Comment
                                                                                                          required by the 2015 Act.1 The initial
                                                  Law 114–74, Section 701, was signed                     catch up adjustment is based on the                       SLSDC is promulgating this interim
                                                  into law. The purpose of the 2015 Act                   change between the Consumer Price                      final rule to ensure that the civil
                                                  is to improve the effectiveness of civil                Index for all Urban Consumers (CPI–U)                  penalties amount contained in 33 CFR
                                                  monetary penalties and to maintain                      for the month of October in the year the               401.102 reflects the statutorily
                                                  their deterrent effect. The 2015 Act                    penalty amount was established or last                 mandated ranges as adjusted for
                                                  requires agencies to make an initial                    adjusted by Congress and the October                   inflation. Pursuant to the 2015 Act,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  catch up adjustment to the civil                        2015 CPI–U. The February 24, 2016                      SLSDC is required to promulgate a
                                                  monetary penalties they administer                                                                             ‘‘catch-up adjustment’’ through an
                                                  through an interim final rule and then                     1 Memorandum from the Director of OMB to            interim final rule. Pursuant to the 2015
                                                  to make subsequent annual adjustments                   Heads of Executive Departments and Agencies,           Act and 5 U.S.C. 553(b)(3)(B), SLSDC
                                                  for inflation. The amount of increase of                Implementation of the Federal Civil Penalties          finds that good cause exists for
                                                                                                          Inflation Adjustment Act Improvements Act of 2015
                                                  any adjustment to a civil penalty                       (Feb. 24, 2016), available at www.whitehouse.gov/
                                                                                                                                                                 immediate implementation of this
                                                  pursuant to the 2015 Act is limited to                  sites/default/files/omb/memoranda/2016/m-16-           interim final rule without prior notice
                                                  150 percent of the current penalty.                     06.pdf.                                                and comment because it would be


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Document Created: 2016-06-28 00:53:23
Document Modified: 2016-06-28 00:53:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on July 9, 2016 from 8:30 p.m. until 10:30 p.m.
ContactIf you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email [email protected]
FR Citation81 FR 41815 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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