81 FR 67911 - Safety Zone; Allegheny River, Ohio River, Monongahela River, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range		67911-67913
FR Document		2016-23783

The Coast Guard is establishing a temporary safety zone for the University of Pittsburgh Fireworks show, Pittsburgh, PA. 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 191 (Monday, October 3, 2016)

[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67911-67913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23783]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0912]
RIN 1625-AA00


Safety Zone; Allegheny River, Ohio River, Monongahela River, 
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 
the University of Pittsburgh Fireworks show, Pittsburgh, PA. 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 from 10 p.m. until 11:30 p.m. on October 
1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0912 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 Petty Officer Charles Morris, 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 event sponsor submitted event 
application on September 21, 2016. After receiving and fully reviewing 
the event information, circumstances, and exact location, the Coast 
Guard determined that delaying this regulation's effective date for 
comment would be contrary to the public interest since 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 
October 1, 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 October 1, 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 from 10 p.m. to 11:30 p.m. on 
October 1, 2016. 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

[[Page 67912]]

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 one hour 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 one hour 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 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.T08-0912 to read as follows:

[[Page 67913]]

Sec.  165.T08-0912  Safety Zone; Allegheny River, Ohio River and 
Monogahela River, 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 safety zone described in (a) above will be 
enforced from 10 p.m. until 11:30 p.m. on October 1, 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 (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 
dates and times of enforcement.

L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-23783 Filed 9-30-16; 8:45 am]
BILLING CODE 9110-04-P

67912 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations

Executive orders related to rulemaking. compliance, please contact the person $100,000,000 (adjusted for inflation) or
Below we summarize our analyses listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
based on a number of these statutes and CONTACT section. will not result in such expenditure, we
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 compliance with, Federal regulations to F. Environment
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 one hour that will prohibit
by the Office of Management and entry to the Allegheny River mile 0.0–
Budget. C. Collection of Information
0.25, Ohio River mile 0.0–0.1,
This regulatory action determination This rule will not call for a new Monongahela River mile 0.0–0.1 during
is based on the size, location, and collection of information under the the barge-based firework event. It is
duration of the safety zone. This safety Paperwork Reduction Act of 1995 (44 categorically excluded from further
zone impacts a small portion of the U.S.C. 3501–3520). review under paragraph 34 (g) of Figure
waterway for a limited duration of one 2–1 of the Commandant Instruction. An
hour in the evening. Vessel traffic will D. Federalism and Indian Tribal
Governments environmental analysis checklist
be informed about the safety zone supporting this determination and a
through local notices to mariners. A rule has implications for federalism
Categorical Exclusion Determination are
Moreover, the Coast Guard will issue under Executive Order 13132,
available in the docket where indicated
broadcast notices to mariners via VHF– Federalism, if it has a substantial direct
under ADDRESSES. We seek any
FM marine channel 16 about the zone effect on the States, on the relationship
comments or information that may lead
and the rule allows vessels to seek between the national government and
to the discovery of a significant
permission to transit the zone. the States, or on the distribution of
environmental impact from this rule.
power and responsibilities among the
B. Impact on Small Entities various levels of government. We have G. Protest Activities
The Regulatory Flexibility Act of analyzed this rule under that Order and The Coast Guard respects the First
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent Amendment rights of protesters.
requires Federal agencies to consider with the fundamental federalism Protesters are asked to contact the
the potential impact of regulations on principles and preemption requirements person listed in the FOR FURTHER
small entities during rulemaking. The described in Executive Order 13132. INFORMATION CONTACT section to
term ‘‘small entities’’ comprises small Also, this rule does not have tribal
coordinate protest activities so that your
businesses, not-for-profit organizations implications under Executive Order
message can be received without
that are independently owned and 13175, Consultation and Coordination
jeopardizing the safety or security of
operated and are not dominant in their with Indian Tribal Governments,
people, places or vessels.
fields, and governmental jurisdictions because it does not have a substantial
with populations of less than 50,000. direct effect on one or more Indian List of Subjects in 33 CFR Part 165
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
Harbors, Marine safety, Navigation
605(b) that this rule will not have a Federal Government and Indian tribes,
(water), Reporting and recordkeeping
significant economic impact on a or on the distribution of power and
requirements, Security measures,
substantial number of small entities. responsibilities between the Federal
While some owners or operators of Waterways.
Government and Indian tribes. If you
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, contact the person listed in the FOR CFR part 165 as follows:
this rule will not have a significant FURTHER INFORMATION CONTACT section
economic impact on any vessel owner PART 165—REGULATED NAVIGATION
above.
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:
rmajette on DSK2TPTVN1PROD with RULES

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
No. 0170.1.
organization, or governmental that may result in the expenditure by a
jurisdiction and you have questions State, local, or tribal government, in the ■ 2. Add § 165.T08–0912 to read as
concerning its provisions or options for aggregate, or by the private sector of follows:

VerDate Sep<11>2014 14:33 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\03OCR1.SGM 03OCR1

Document Created: 2018-02-13 14:11:09
Document Modified: 2018-02-13 14:11:09

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 from 10 p.m. until 11:30 p.m. on October 1, 2016.
Contact		If you have questions on this rule, call or email Petty Officer Charles Morris, Marine Safety Unit Pittsburgh, U.S. Coast Guard; at telephone 412-221-0807, email [email protected]
FR Citation		81 FR 67911
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 67911 - Safety Zone; Allegheny River, Ohio River, Monongahela River, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 191 (October 3, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard