81_FR_67002 81 FR 66813 - Safety Zone; Temporary Change to Date and Location for Recurring Pittsburgh Steelers Fireworks Display Within the Eighth Coast Guard District, Pittsburgh, PA

81 FR 66813 - Safety Zone; Temporary Change to Date and Location for Recurring Pittsburgh Steelers Fireworks Display Within the Eighth Coast Guard District, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66813-66815
FR Document2016-23522

The Coast Guard is temporarily changing the enforcement period and location for a recurring fireworks display within the Eighth Coast Guard District. This regulation applies to only one recurring fireworks display event that takes place in Pittsburgh, PA. This action is intended to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based fireworks display.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66813-66815]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23522]



[[Page 66813]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0895]
RIN 1625-AA00


Safety Zone; Temporary Change to Date and Location for Recurring 
Pittsburgh Steelers Fireworks Display Within the Eighth Coast Guard 
District, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement period 
and location for a recurring fireworks display within the Eighth Coast 
Guard District. This regulation applies to only one recurring fireworks 
display event that takes place in Pittsburgh, PA. This action is 
intended to protect personnel, vessels, and the marine environment from 
potential hazards created from a barge-based fireworks display.

DATES: In Sec.  165.801, the first table to Sec.  165.801, entry 67 is 
effective from September 29, 2016 through February 28, 2017. In Sec.  
165.801, the first table to Sec.  165.801, entry 59 is suspended from 
September 29, 2016 through February 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0895 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

    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 fireworks displays on or over the 
navigable waterway poses safety concerns for waterway users. In this 
case, the Coast Guard published an NPRM entitled, ``Sector Ohio Valley 
Annual and Recurring Safety Zones Update'' in which it proposed to 
amend and update its safety zones listed in 33 CFR 165.801, the first 
table to Sec.  165.801 relating to recurring fireworks shows and other 
events within the Coast Guard Sector Ohio Valley area of 
responsibility. The NPRM published on March 7, 2016 (81 FR 11706), and 
no comments were received. A final rule was published, entitled, 
``Sector Ohio Valley Annual and Recurring Safety Zones Update'' on June 
14, 2016 finalizing the recurring safety zones listed in 33 CFR 
165.801, the first table to Sec.  165.801 (81 FR 38595).
    On August 25, 2016, the Coast Guard discovered the safety zone 
listed in 33 CFR 165.801, the first table to Sec.  165.801, entry 59 
for the Pittsburgh Steelers Fireworks, Pittsburgh, PA has been changed 
to extend through February 2017, instead of January 2017, and the 
location has been changed from Ohio River, Mile 0.3-Allegheny River, 
Mile 0.2 to Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.3 and 
Monongahela River mile 0.0-0.1.
    After receiving and fully reviewing the event information, 
circumstances, and exact location, the Coast Guard determined that it 
is impracticable to publish an NPRM for the date and location changes 
because we must establish this safety zone on the date of publication 
of this rule.
    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 the effective 
date of this rule is contrary to the public interest as 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 to protect personnel, vessels, and the marine 
environment from potential hazards created from a barge-based fireworks 
display. For the 2016-2017 Pittsburgh Steelers football season, the 
Coast Guard will temporarily suspend the regulation listed in 33 CFR 
165.801, the first table to Sec.  165.801, entry 59. Instead, by this 
rule, the Coast Guard will create a separate temporary rule in Sec.  
165.801, the first table to Sec.  165.801, entry 67 in order to reflect 
the correct dates and locations for the 2016-2017 Pittsburgh Steelers' 
football season fireworks display events. This change is needed to 
accommodate the change in date and location of Pittsburgh Steelers 
Fireworks. No other portion of the Sec.  165.801, the first table to 
Sec.  165.801or other provisions in Sec.  165.801 are affected by this 
regulation.

IV. Discussion of the Rule

    The Coast Guard is temporarily suspending the regulation listed in 
33 CFR 165.801, the first table to Sec.  165.801, entry 59 and adding 
temporary regulation in Table to Sec.  165.801, entry 67 in order to 
reflect the correct dates and locations for this year's events. This 
change is needed to accommodate the change in date and location of 
Pittsburgh Steelers Fireworks. No other portion of the first table to 
Sec.  165.801 or other provisions in Sec.  165.801 shall be affected by 
this regulation. Entry 59 establishes the safety zone on Sunday, 
Monday, or Thursday from September through January at Ohio River, Mile 
0.3-Allegheny River, Mile 0.2 (Pennsylvania).
    This regulation temporarily changes the enforcement period from 
September through January to August through February, and the location 
from Ohio River, Mile 0.3-Allegheny River, Mile 0.2 (Pennsylvania) to 
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.
    In addition to notice in the Federal Register, the maritime 
community will be provided advance notification via the Local Notice to 
Mariners, and marine information broadcasts.

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

[[Page 66814]]

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 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 0.0-0.1 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. In Sec.  165.801, in the first table:
0
a. From September 29, 2016 through February 28, 2017, suspend entry 
``59''.
0
b. From September 29, 2016 through February 28, 2017, add entry ``67''.

[[Page 66815]]

    The addition reads as follows:


Sec.  165.801   Annual fireworks displays and other events in the 
Eighth Coast Guard District requiring safety zones.

* * * * *

----------------------------------------------------------------------------------------------------------------
               Date                     Sponsor/name               Location                  Safety zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
67. Sunday, Monday or Thursday      Pittsburgh Steelers/  Pittsburgh, PA...........  Allegheny River mile 0.0-
 from August through February.       Pittsburgh Steelers                              0.25, Ohio River mile 0.0-
                                     Fireworks.                                       0.3 and Monongahela River
                                                                                      mile 0.0-0.1.
----------------------------------------------------------------------------------------------------------------

* * * * *

L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-23522 Filed 9-28-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations                                       66813

                                                DEPARTMENT OF HOMELAND                                   without prior notice and opportunity to               and the marine environment from
                                                SECURITY                                                 comment when the agency for good                      potential hazards created from a barge-
                                                                                                         cause finds that those procedures are                 based fireworks display. For the 2016–
                                                Coast Guard                                              ‘‘impracticable, unnecessary, or contrary             2017 Pittsburgh Steelers football season,
                                                                                                         to the public interest.’’ Under 5 U.S.C.              the Coast Guard will temporarily
                                                33 CFR Part 165                                          553(b)(B), the Coast Guard finds that                 suspend the regulation listed in 33 CFR
                                                [Docket Number USCG–2016–0895]
                                                                                                         good cause exists for not publishing a                165.801, the first table to § 165.801,
                                                                                                         notice of proposed rulemaking (NPRM)                  entry 59. Instead, by this rule, the Coast
                                                RIN 1625–AA00                                            with respect to this rule because                     Guard will create a separate temporary
                                                                                                         fireworks displays on or over the                     rule in § 165.801, the first table to
                                                Safety Zone; Temporary Change to                         navigable waterway poses safety                       § 165.801, entry 67 in order to reflect the
                                                Date and Location for Recurring                          concerns for waterway users. In this                  correct dates and locations for the 2016–
                                                Pittsburgh Steelers Fireworks Display                    case, the Coast Guard published an                    2017 Pittsburgh Steelers’ football season
                                                Within the Eighth Coast Guard District,                  NPRM entitled, ‘‘Sector Ohio Valley                   fireworks display events. This change is
                                                Pittsburgh, PA                                           Annual and Recurring Safety Zones                     needed to accommodate the change in
                                                AGENCY:    Coast Guard, DHS.                             Update’’ in which it proposed to amend                date and location of Pittsburgh Steelers
                                                ACTION:   Temporary final rule.                          and update its safety zones listed in 33              Fireworks. No other portion of the
                                                                                                         CFR 165.801, the first table to § 165.801             § 165.801, the first table to § 165.801or
                                                SUMMARY:   The Coast Guard is                            relating to recurring fireworks shows                 other provisions in § 165.801 are
                                                temporarily changing the enforcement                     and other events within the Coast Guard               affected by this regulation.
                                                period and location for a recurring                      Sector Ohio Valley area of
                                                                                                                                                               IV. Discussion of the Rule
                                                fireworks display within the Eighth                      responsibility. The NPRM published on
                                                Coast Guard District. This regulation                    March 7, 2016 (81 FR 11706), and no                      The Coast Guard is temporarily
                                                applies to only one recurring fireworks                  comments were received. A final rule                  suspending the regulation listed in 33
                                                display event that takes place in                        was published, entitled, ‘‘Sector Ohio                CFR 165.801, the first table to § 165.801,
                                                Pittsburgh, PA. This action is intended                  Valley Annual and Recurring Safety                    entry 59 and adding temporary
                                                to protect personnel, vessels, and the                   Zones Update’’ on June 14, 2016                       regulation in Table to § 165.801, entry
                                                marine environment from potential                        finalizing the recurring safety zones                 67 in order to reflect the correct dates
                                                hazards created from a barge-based                       listed in 33 CFR 165.801, the first table             and locations for this year’s events. This
                                                fireworks display.                                       to § 165.801 (81 FR 38595).                           change is needed to accommodate the
                                                DATES: In § 165.801, the first table to                     On August 25, 2016, the Coast Guard                change in date and location of
                                                § 165.801, entry 67 is effective from                    discovered the safety zone listed in 33               Pittsburgh Steelers Fireworks. No other
                                                September 29, 2016 through February                      CFR 165.801, the first table to § 165.801,            portion of the first table to § 165.801 or
                                                28, 2017. In § 165.801, the first table to               entry 59 for the Pittsburgh Steelers                  other provisions in § 165.801 shall be
                                                § 165.801, entry 59 is suspended from                    Fireworks, Pittsburgh, PA has been                    affected by this regulation. Entry 59
                                                September 29, 2016 through February                      changed to extend through February                    establishes the safety zone on Sunday,
                                                28, 2017.                                                2017, instead of January 2017, and the                Monday, or Thursday from September
                                                                                                         location has been changed from Ohio                   through January at Ohio River, Mile 0.3-
                                                ADDRESSES: To view documents
                                                                                                         River, Mile 0.3-Allegheny River, Mile                 Allegheny River, Mile 0.2
                                                mentioned in this preamble as being                      0.2 to Allegheny River mile 0.0–0.25,                 (Pennsylvania).
                                                available in the docket, go to http://                   Ohio River mile 0.0–0.3 and                              This regulation temporarily changes
                                                www.regulations.gov, type USCG–2016–                     Monongahela River mile 0.0–0.1.                       the enforcement period from September
                                                0895 in the ‘‘SEARCH’’ box and click                        After receiving and fully reviewing                through January to August through
                                                ‘‘SEARCH.’’ Click on Open Docket                         the event information, circumstances,                 February, and the location from Ohio
                                                Folder on the line associated with this                  and exact location, the Coast Guard                   River, Mile 0.3-Allegheny River, Mile
                                                rule.                                                    determined that it is impracticable to                0.2 (Pennsylvania) to Allegheny River
                                                FOR FURTHER INFORMATION CONTACT: If                      publish an NPRM for the date and                      mile 0.0–0.25, Ohio River mile 0.0–0.1,
                                                you have questions on this rule, call or                 location changes because we must                      Monongahela River mile 0.0–0.1. The
                                                email MST1 Jennifer Haggins, Marine                      establish this safety zone on the date of             duration of the safety zone is intended
                                                Safety Unit Pittsburgh, U.S. Coast                       publication of this rule.                             to protect personnel, vessels, and the
                                                Guard, at telephone 412–221–0807,                           We are issuing this rule, and under 5              marine environment from potential
                                                email Jennifer.L.Haggins@uscg.mil.                       U.S.C. 553(d)(3), the Coast Guard finds               hazards created from a barge-based
                                                SUPPLEMENTARY INFORMATION:                               that good cause exists for making it                  firework display. No vessel or person
                                                                                                         effective less than 30 days after                     will be permitted to enter the safety
                                                I. Table of Abbreviations
                                                                                                         publication in the Federal Register.                  zone without obtaining permission from
                                                CFR Code of Federal Regulations                          Delaying the effective date of this rule              the COTP or a designated
                                                NPRM Notice of proposed rulemaking                       is contrary to the public interest as                 representative.
                                                § Section                                                immediate action is necessary to                         In addition to notice in the Federal
                                                U.S.C. United States Code
                                                                                                         prevent possible loss of life and                     Register, the maritime community will
                                                                                                         property during the hazards created by                be provided advance notification via the
                                                II. Background Information and
                                                                                                         a barge-based fireworks display near                  Local Notice to Mariners, and marine
                                                Regulatory History
                                                                                                         and over the navigable waterway.                      information broadcasts.
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                                                   The Coast Guard is issuing this
                                                temporary rule without prior notice and                  III. Legal Authority and Need for Rule                V. Regulatory Analyses
                                                opportunity to comment pursuant to                          The Coast Guard is issuing this rule                 We developed this rule after
                                                authority under section 4(a) of the                      under authority in 33 U.S.C. 1231. The                considering numerous statutes and
                                                Administrative Procedure Act (APA) (5                    Captain of the Port Pittsburgh (COTP)                 Executive orders related to rulemaking.
                                                U.S.C. 553(b)). This provision                           has determined that a safety zone is                  Below we summarize our analyses
                                                authorizes an agency to issue a rule                     needed to protect personnel, vessels,                 based on a number of these statutes and


                                           VerDate Sep<11>2014    22:57 Sep 28, 2016   Jkt 238001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\29SER1.SGM   29SER1


                                                66814            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                Executive orders, and we discuss First                     Small businesses may send comments                  do discuss the effects of this rule
                                                Amendment rights of protestors.                          on the actions of Federal employees                   elsewhere in this preamble.
                                                                                                         who enforce, or otherwise determine
                                                A. Regulatory Planning and Review                                                                              F. Environment
                                                                                                         compliance with, Federal regulations to
                                                   Executive Orders 12866 and 13563                      the Small Business and Agriculture                      We have analyzed this rule under
                                                direct agencies to assess the costs and                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                benefits of available regulatory                         and the Regional Small Business                       Management Directive 023–01 and
                                                alternatives and, if regulation is                       Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                necessary, to select regulatory                          Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                approaches that maximize net benefits.                   annually and rates each agency’s                      complying with the National
                                                Executive Order 13563 emphasizes the                     responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                importance of quantifying both costs                     wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                and benefits, of reducing costs, of                      employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                harmonizing rules, and of promoting                      888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                flexibility. This rule has not been                      Coast Guard will not retaliate against                individually or cumulatively have a
                                                designated a ‘‘significant regulatory                    small entities that question or complain              significant effect on the human
                                                action,’’ under Executive Order 12866.                   about this rule or any policy or action               environment. This rule involves a safety
                                                Accordingly, it has not been reviewed                    of the Coast Guard.                                   zone lasting less then two hours that
                                                by the Office of Management and                                                                                will prohibit entry to the Allegheny
                                                Budget.                                                  C. Collection of Information                          River mile 0.0–0.25, Ohio River mile
                                                   This regulatory action determination                    This rule will not call for a new                   0.0–0.1, Monongahela River mile 0.0–
                                                is based on the size, location, and                      collection of information under the                   0.1 during the barge-based firework
                                                duration of the safety zone. This safety                 Paperwork Reduction Act of 1995 (44                   event. It is categorically excluded from
                                                zone impacts a small portion of the                      U.S.C. 3501–3520).                                    further review under paragraph 34(g) of
                                                waterway for a limited duration of less                                                                        Figure 2–1 of the Commandant
                                                than two hours in the evening. Vessel                    D. Federalism and Indian Tribal
                                                                                                         Governments                                           Instruction. An environmental analysis
                                                traffic will be informed about the safety                                                                      checklist supporting this determination
                                                zone through local notices to mariners.                     A rule has implications for federalism             and a Categorical Exclusion
                                                Moreover, the Coast Guard will issue                     under Executive Order 13132,                          Determination are available in the
                                                broadcast notices to mariners via VHF–                   Federalism, if it has a substantial direct            docket where indicated under
                                                FM marine channel 16 about the zone                      effect on the States, on the relationship             ADDRESSES. We seek any comments or
                                                and the rule allows vessels to seek                      between the national government and                   information that may lead to the
                                                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
                                                The Coast Guard certifies under 5 U.S.C.                 tribes, on the relationship between the               List of Subjects in 33 CFR Part 165
                                                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                                         preamble, the Coast Guard amends 33
                                                reasons stated in section V.A. above,                       Indian tribes, please contact the                  CFR part 165 as follows:
                                                this rule will not have a significant                    person listed in the FOR FURTHER
                                                economic impact on any vessel owner                      INFORMATION CONTACT section above.                    PART 165—REGULATED NAVIGATION
                                                or operator.                                                                                                   AREAS AND LIMITED ACCESS AREAS
                                                   Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act
                                                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;
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                                                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. In § 165.801, in the first table:
                                                concerning its provisions or options for                 aggregate, or by the private sector of                ■ a. From September 29, 2016 through
                                                compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              February 28, 2017, suspend entry ‘‘59’’.
                                                listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                ■ b. From September 29, 2016 through
                                                CONTACT section.                                         will not result in such expenditure, we               February 28, 2017, add entry ‘‘67’’.


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                                                                 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations                                       66815

                                                    The addition reads as follows:                        § 165.801 Annual fireworks displays and
                                                                                                          other events in the Eighth Coast Guard
                                                                                                          District requiring safety zones.
                                                                                                          *      *      *        *      *

                                                             Date                             Sponsor/name                      Location                                   Safety zone


                                                         *                         *                      *                          *                    *                   *                  *
                                                67. Sunday, Monday or                  Pittsburgh Steelers/Pitts-           Pittsburgh, PA ..   Allegheny River mile 0.0–0.25, Ohio River mile 0.0–0.3 and
                                                  Thursday from August                   burgh Steelers Fireworks.                                 Monongahela River mile 0.0–0.1.
                                                  through February.



                                                *      *      *       *      *                            Repayment of Educational Loans (PREL)                  for the EDRP except in specific
                                                                                                          in this rulemaking. VA is in need of                   identified circumstances unique to the
                                                L. Mcclain, Jr.,
                                                                                                          qualified psychiatrists to treat veterans              PREL as stated in this rulemaking.
                                                Commander, U.S. Coast Guard, Captain of                   who suffer from mental health                          Similarities between these two programs
                                                the Port Pittsburgh.
                                                                                                          disorders. This rulemaking is intended                 will facilitate their administration by
                                                [FR Doc. 2016–23522 Filed 9–28–16; 8:45 am]               to increase the pool of qualified mental               VA.
                                                BILLING CODE 9110–04–P                                    health specialists and, in turn, increase                 We are adding a new center heading
                                                                                                          veterans’ access to needed mental health               immediately after § 17.636 to read,
                                                                                                          care. The Clay Hunt SAV Act authorizes                 ‘‘Program for Repayment of Educational
                                                DEPARTMENT OF VETERANS                                    VA to repay educational loans to                       Loans for Certain VA Psychiatrists,’’ and
                                                AFFAIRS                                                   physicians who pursued a program of                    to add new §§ 17.640 through 17.647.
                                                                                                          study leading to a certification in
                                                38 CFR Part 17                                            psychiatry. In order to assure that                    17.640     Purpose
                                                RIN 2900–AP57                                             applicants are committed to VA                           New § 17.640 is the purpose section
                                                                                                          employment, the statute provides that                  for the PREL. This section states that
                                                Repayment by VA of Educational                            an individual who is participating in                  §§ 17.640 through 17.647 establish the
                                                Loans for Certain Psychiatrists                           any other program of the Federal                       requirements for the PREL ‘‘obtained by
                                                                                                          Government that repays educational                     physician residents pursuing a
                                                AGENCY:     Department of Veterans Affairs.
                                                                                                          loans is not eligible for the PREL. The                certification in psychiatry.’’
                                                ACTION:    Final rule.                                    Clay Hunt SAV Act also states that an
                                                                                                                                                                 17.641     Definitions
                                                SUMMARY:   The Department of Veterans                     individual who breaches his or her
                                                                                                          period of obligated service is liable to                 New § 17.641 is the definitions
                                                Affairs (VA) is adding to its medical
                                                                                                          the United States, in lieu of such                     section applicable to §§ 17.640 through
                                                regulations a program for the repayment
                                                                                                          obligated service, for the amount that                 17.647. The definitions are in
                                                of educational loans for certain
                                                                                                          has been paid or is payable to or on                   alphabetical order in accordance with
                                                psychiatrists who agree to a period of
                                                                                                          behalf of the individual, reduced by the               current writing convention.
                                                obligated service with VA. This program
                                                                                                          proportion of the number of days of the                  We are defining the term ‘‘acceptance
                                                is intended to increase the pool of
                                                                                                          total obligation that the individual has               of conditions’’ to mean ‘‘a signed
                                                qualified VA psychiatrists and increase
                                                                                                          already served. Under the Clay Hunt                    document between VA and a participant
                                                veterans’ access to mental health care.
                                                                                                          SAV Act, the PREL may continue for                     of the PREL, in which the participant
                                                DATES: Effective Date: This rule is                                                                              must agree to a period of obligated
                                                                                                          three years after the effective date of this
                                                effective on September 29, 2016, except                   rulemaking.                                            service, to maintain an acceptable level
                                                for § 17.644 which contains information                     The purpose of section 4 of the Clay                 of performance determined by
                                                collection requirements that have not                     Hunt SAV Act is substantively similar                  supervisory review in the position to
                                                been approved by OMB. VA will                             to the purpose of the statutory authority              which VA appoints the participant,
                                                publish a document in the Federal                         for the Educational Debt Reduction                     terms and amount of payment, and to
                                                Register announcing the effective date.                   Program (EDRP), which is codified at 38                relocate, if required, to a location
                                                FOR FURTHER INFORMATION CONTACT:                          U.S.C. 7681, and section 4 of the Clay                 determined by VA at the participant’s
                                                Crystal Cruz, Deputy Director,                            Hunt SAV Act appears as a Note to                      expense in exchange for educational
                                                Healthcare Talent Management                              section 7681. Both programs are                        loan repayments under the PREL.’’ The
                                                (10A2A4), Veterans Health                                 designed to assist VA in the recruitment               participant in the PREL is required to
                                                Administration, Department of Veterans                    and retention of qualified health care                 agree to all of the terms and conditions
                                                Affairs, 810 Vermont Ave. NW.,                            professionals and the repayment of                     in the acceptance of conditions. The
                                                Washington, DC 20420; (405) 552–4346.                     educational loans to such individuals.                 acceptance of conditions is consistent
                                                (This is not a toll-free number.)                         VA did not promulgate regulations for                  with the acceptance of conditions for
                                                SUPPLEMENTARY INFORMATION: Public                         the EDRP because there is no statutory                 the EDRP, with the added requirement
                                                Law 114–2, the Clay Hunt Suicide                          requirement to establish regulations for               of a mobility agreement. This additional
                                                Prevention for American Veterans Act                      an employee retention program. 5 U.S.C.                requirement alerts the participant to the
mstockstill on DSK3G9T082PROD with RULES




                                                (Clay Hunt SAV Act), was enacted on                       553(a)(2). However, subsection (h) of                  possibility of relocating to a
                                                February 12, 2015. Section 4 of this Act                  section 4 of the Clay Hunt SAV Act                     geographical area that is not in the
                                                establishes a pilot program for the                       specifically requires VA to prescribe                  vicinity of the participant’s residence
                                                repayment of educational loans for                        regulations to carry out the program. We               and that such relocation is at the
                                                certain psychiatrists seeking                             have designed the regulations for the                  participant’s expense. The requirement
                                                employment in VA, which will be                           PREL in the Clay Hunt SAV Act to be                    for relocation allows VA to better
                                                referred to as the Program for the                        as similar as possible to the VA policies              address employment needs for


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Document Created: 2016-09-29 04:14:12
Document Modified: 2016-09-29 04:14:12
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.
DatesIn Sec. 165.801, the first table to Sec. 165.801, entry 67 is effective from September 29, 2016 through February 28, 2017. In Sec. 165.801, the first table to Sec. 165.801, entry 59 is suspended from September 29, 2016 through February 28, 2017.
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 66813 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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