81 FR 53004 - Safety Zone; Pittsburgh Steelers Fireworks; Allegheny River Mile 0.0-0.25, Ohio River Mile 0.0-0.1, Monongahela River Mile 0.0-0.1, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range		53004-53005
FR Document		2016-19128

The Coast Guard is establishing a temporary safety zone for navigable waters of the Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.1, Monongahela River mile 0.0-0.1. 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 155 (Thursday, August 11, 2016)

[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53004-53005]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19128]



[[Page 53004]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0739]
RIN 1625-AA00


Safety Zone; Pittsburgh Steelers Fireworks; Allegheny River Mile 
0.0-0.25, Ohio River Mile 0.0-0.1, Monongahela River Mile 0.0-0.1, 
Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Allegheny River mile 0.0-0.25, Ohio River mile 
0.0-0.1, Monongahela River mile 0.0-0.1. 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 August 12, 2016 from 9:30 p.m. until 
11:30 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0739 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    This safety zone and fireworks displays are included in the list of 
annually recurring safety zones published in 33 CFR 165.801, Table 1, 
No. 59 as occurring on Sunday, Monday, or Thursday from September 
through January each year following Pittsburgh Steelers home games. For 
this year, the event sponsor is conducting an additional barge-based 
fireworks display on August 12, 2016 and that display and required 
safety zone location are not included in the published regulations. 
This temporary final rule establishes that safety zone.
    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 NPRM with respect to this rule 
because the Coast Guard received notice on July 25, 2016 that this 
additional 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 August 12, 
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 near and over the navigable 
waterway.

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 August 12, 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 August 12, 2016 from 9:30 
p.m. until 11:30 p.m. The safety zone will cover all navigable waters 
on the Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.1, 
Monongahela River mile 0.0-0.1. 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 for a limited duration of less than two 
hours in the evening. Vessel traffic will be informed about the safety 
zone through local notices to mariners. Moreover, the Coast Guard will 
issue broadcast notices to mariners 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

[[Page 53005]]

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 less then two hours that will 
prohibit entry to the Allegheny River mile 0.0-0.25, Ohio River mile 
0.0-0.1, Monongahela River mile 0.0-0.1during 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.T08-0739 to read as follows:


Sec.  165.T08-0739  Safety Zone; Pittsburgh Steelers Fireworks; 
Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.1, Monongahela 
River mile 0.0-0.1, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: Pittsburgh 
Steelers Fireworks; Allegheny River mile 0.0-0.25, Ohio River mile 0.0-
0.1, Monongahela River mile 0.0-0.1, Pittsburgh, PA.
    (b) Enforcement. This rule will be enforced, from 9:30 p.m. until 
11:30 p.m. on August 12, 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 COTP or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the COTP or a designated 
representative. The COTP representative may be contacted at 412-221-
0807.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or their designated representative. Designated COTP 
representatives include United States Coast Guard commissioned, 
warrant, and petty officers.
    (d) Information Broadcasts. The COTP 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. 2016-19128 Filed 8-10-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations 53005

reasons stated in section V.A. above, Government and Indian tribes. If you List of Subjects in 33 CFR Part 165
this rule will not have a significant believe this rule has implications for
Marine safety, Navigation (water),
economic impact on any vessel owner federalism or Indian tribes, please
Reporting and recordkeeping
or operator. contact the person listed in the FOR
requirements, Security measures,
Under section 213(a) of the Small FURTHER INFORMATION CONTACT section
Waterways.
Business Regulatory Enforcement above.
Fairness Act of 1996 (Pub. L. 104–121), For the reasons discussed in the
we want to assist small entities in E. Unfunded Mandates Reform Act preamble, the Coast Guard amends 33
understanding this rule. If the rule CFR part 165 as follows:
The Unfunded Mandates Reform Act
would affect your small business,
of 1995 (2 U.S.C. 1531–1538) requires PART 165—REGULATED NAVIGATION
organization, or governmental
Federal agencies to assess the effects of AREAS AND LIMITED ACCESS AREAS
jurisdiction and you have questions
concerning its provisions or options for their discretionary regulatory actions. In
particular, the Act addresses actions ■ 1. The authority citation for part 165
compliance, please contact the person
that may result in the expenditure by a continues to read as follows:
listed in the FOR FURTHER INFORMATION
CONTACT section.
State, local, or tribal government, in the Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Small businesses may send comments aggregate, or by the private sector of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
on the actions of Federal employees $100,000,000 (adjusted for inflation) or Department of Homeland Security Delegation
who enforce, or otherwise determine more in any one year. Though this rule No. 0170.1.
compliance with, Federal regulations to will not result in such expenditure, we ■ 2. Add § 165.T08–0739 to read as
the Small Business and Agriculture do discuss the effects of this rule follows:
Regulatory Enforcement Ombudsman elsewhere in this preamble.
and the Regional Small Business § 165.T08–0739 Safety Zone; Pittsburgh
F. Environment Steelers Fireworks; Allegheny River mile
Regulatory Fairness Boards. The
0.0–0.25, Ohio River mile 0.0–0.1,
Ombudsman evaluates these actions We have analyzed this rule under Monongahela River mile 0.0–0.1, Pittsburgh,
annually and rates each agency’s Department of Homeland Security PA.
responsiveness to small business. If you Management Directive 023–01 and
wish to comment on actions by (a) Location. The following area is a
Commandant Instruction M16475.lD,
employees of the Coast Guard, call 1– safety zone: Pittsburgh Steelers
which guide the Coast Guard in
888–REG–FAIR (1–888–734–3247). The Fireworks; Allegheny River mile 0.0–
complying with the National
Coast Guard will not retaliate against 0.25, Ohio River mile 0.0–0.1,
Environmental Policy Act of 1969 (42 Monongahela River mile 0.0–0.1,
small entities that question or complain U.S.C. 4321–4370f), and have
about this rule or any policy or action Pittsburgh, PA.
determined that this action is one of a
of the Coast Guard. (b) Enforcement. This rule will be
category of actions that do not
enforced, from 9:30 p.m. until 11:30
C. Collection of Information individually or cumulatively have a
p.m. on August 12, 2016.
significant effect on the human
This rule will not call for a new (c) Regulations. (1) In accordance with
environment. This rule involves a safety
collection of information under the the general regulations in § 165.23 of
zone lasting less then two hours that
Paperwork Reduction Act of 1995 (44 this part, entry into this zone is
will prohibit entry to the Allegheny
U.S.C. 3501–3520). prohibited unless authorized by the
River mile 0.0–0.25, Ohio River mile
COTP or a designated representative.
D. Federalism and Indian Tribal 0.0–0.1, Monongahela River mile 0.0–
(2) Persons or vessels requiring entry
Governments 0.1during the barge-based firework
into or passage through the zone must
A rule has implications for federalism event. It is categorically excluded from
request permission from the COTP or a
under Executive Order 13132, further review under paragraph 34 (g) of
designated representative. The COTP
Federalism, if it has a substantial direct Figure 2–1 of the Commandant
representative may be contacted at 412–
effect on the States, on the relationship Instruction. An environmental analysis
221–0807.
between the national government and checklist supporting this determination
and a Categorical Exclusion (3) All persons and vessels shall
the States, or on the distribution of comply with the instructions of the
power and responsibilities among the Determination are available in the
docket where indicated under COTP or their designated representative.
various levels of government. We have Designated COTP representatives
ADDRESSES. We seek any comments or
analyzed this rule under that Order and include United States Coast Guard
have determined that it is consistent information that may lead to the
discovery of a significant environmental commissioned, warrant, and petty
with the fundamental federalism officers.
principles and preemption requirements impact from this rule.
(d) Information Broadcasts. The COTP
described in Executive Order 13132. G. Protest Activities or a designated representative will
Also, this rule does not have tribal inform the public through broadcast
implications under Executive Order The Coast Guard respects the First notices to mariners of the enforcement
13175, Consultation and Coordination Amendment rights of protesters. period for the safety zone as well as any
with Indian Tribal Governments, Protesters are asked to contact the changes in the planned schedule.
because it does not have a substantial person listed in the FOR FURTHER
sradovich on DSK3GMQ082PROD with RULES

direct effect on one or more Indian INFORMATION CONTACT section to L. McClain, Jr.,
tribes, on the relationship between the coordinate protest activities so that your Commander, U.S. Coast Guard, Captain of
Federal Government and Indian tribes, message can be received without the Port Pittsburgh.
or on the distribution of power and jeopardizing the safety or security of [FR Doc. 2016–19128 Filed 8–10–16; 8:45 am]
responsibilities between the Federal people, places or vessels. BILLING CODE 9110–04–P

VerDate Sep<11>2014 15:58 Aug 10, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\11AUR1.SGM 11AUR1

Document Created: 2018-02-09 11:27:27
Document Modified: 2018-02-09 11:27:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective on August 12, 2016 from 9:30 p.m. until 11:30 p.m.
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]
FR Citation		81 FR 53004
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 53004 - Safety Zone; Pittsburgh Steelers Fireworks; Allegheny River Mile 0.0-0.25, Ohio River Mile 0.0-0.1, Monongahela River Mile 0.0-0.1, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 155 (August 11, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard