82_FR_32039 82 FR 31908 - Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA

82 FR 31908 - Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range31908-31910
FR Document2017-14424

The Coast Guard is establishing a temporary safety zone for navigable waters of the Allegheny River 200 yards from the right descending bank, from mile marker (MM) 0.0 to MM 0.2. This safety zone is necessary to provide for the safety of life and protection of property from potential hazards associated with the Red Bull Flugtag event. Entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative.

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31908-31910]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14424]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0505]
RIN 1625-AA00


Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Allegheny River 200 yards from the right 
descending bank, from mile marker (MM) 0.0 to MM 0.2. This safety zone 
is necessary to provide for the safety of life and protection of 
property from potential hazards associated with the Red Bull Flugtag 
event. Entry into this safety zone is prohibited unless specifically 
authorized by the Captain of the Port Marine Safety Unit Pittsburgh 
(COTP) or a designated representative.

DATES: This rule is effective from 10:30 a.m. through 4:30 p.m. on 
August 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0505 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; telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburg
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 it is impracticable. 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 during the Red Bull Flugtag event. It is impracticable 
to publish a NPRM because we must establish this safety zone by August 
5, 2017, and lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to protect persons and property from 
the dangers associated with the Red Bull Flugtag event.

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 Marine Safety Unit Pittsburgh (COTP) has 
determined that the potential hazards associated with the Red Bull 
Flugtag event present a safety concern and that a safety zone is 
necessary on August 5, 2017. This rule is needed to provide for the 
safety of life and protection of vessels and the marine environment 
from potential hazards created from the Red Bull Flugtag event. The 
Coast Guard will notify the public and maritime community of the 
proposed safety zone and enforcement period via Broadcast Notice to 
Mariners (BNM).

IV. Discussion of the Rule

    This rule establishes a safety zone on August 5, 2017, from 10:30 
a.m. through 4:30 p.m. The safety zone will cover all navigable waters 
on the Allegheny River 200 yards from the right descending bank mile 
marker 0.0 to mile marker 0.2. The duration of the safety zone is 
intended to protect personnel, vessels, and the marine environment from 
potential hazards created from the Red Bull Flugtag event. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

[[Page 31909]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Order 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-year of the safety zone. This safety 
zone affects a small portion of these navigable waterways for a limited 
duration of six hours and still will not impede the channel allowing 
vessels to pass through. Due to the limited scope and short duration of 
the safety zone, the impact on routine navigation is expected to be 
minimal. Additionally, 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 six hours that will prohibit entry 
on the Allegheny River 200 yards from the right descending bank mile 
0.0 to mile 0.2 during the Red Bull Flugtag event. It is categorically 
excluded from further review under paragraph 34 (g) of Figure 2-1 of 
the Commandant Instruction M16475.1D. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES.

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;

[[Page 31910]]

Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0505 to read as follows:


Sec.  165.T08-0505  Safety Zone; Red Bull Flugtag, Allegheny River, 
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Allegheny River 200 yards from the right descending bank 
from mile marker 0.0 to mile marker 0.2
    (b) Effective date. This safety zone will be in effect from 10:30 
a.m. through 4:30 p.m. on August 5, 2017.
    (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 Marine Safety Unit Pittsburgh 
(COTP) or a designated representative.
    (2) Persons or vessels seeking entry into this safety zone must 
request permission from the COTP or a designated representative. The 
COTP or a designated representative may be contacted at 412-221-0807.
    (3) All persons shall comply with the instructions of the COTP or 
their designated representative. COTP or designated representative 
includes a United States Coast Guard commissioned officer, warrant 
officer, and petty officer.
    (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.

    Dated: July 5, 2017.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2017-14424 Filed 7-10-17; 8:45 am]
BILLING CODE 9110-04-P



                                                31908               Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                FOR FURTHER INFORMATION CONTACT:    If                   DEPARTMENT OF HOMELAND                                comment when the agency for good
                                                you have questions on this temporary                     SECURITY                                              cause finds that those procedures are
                                                deviation, call or email Mr. Steven                                                                            ‘‘impracticable, unnecessary, or contrary
                                                Fischer, Bridge Administrator,                           Coast Guard                                           to the public interest.’’ Under 5 U.S.C.
                                                Thirteenth Coast Guard District;                                                                               553(b)(B), the Coast Guard finds that
                                                telephone 206–220–7282, email d13-pf-                    33 CFR Part 165                                       good cause exists for not publishing a
                                                d13bridges@uscg.mil.                                     [Docket Number USCG–2017–0505]
                                                                                                                                                               notice of proposed rulemaking (NPRM)
                                                                                                                                                               with respect to this rule because it is
                                                SUPPLEMENTARY INFORMATION:                               RIN 1625–AA00                                         impracticable. After receiving and fully
                                                Multnomah County (bridge owner) has                                                                            reviewing the event information,
                                                requested a temporary deviation from                     Safety Zone; Red Bull Flugtag,                        circumstances and exact location, the
                                                the operating schedule for the                           Allegheny River, Pittsburgh, PA                       Coast Guard determined that a safety
                                                Hawthorne Bridge, mile 13.1 crossing                     AGENCY:    Coast Guard, DHS.                          zone is necessary to protect personnel,
                                                the Willamette River at Portland, OR.                                                                          vessels, and the marine environment
                                                                                                         ACTION:   Temporary final rule.
                                                The requested deviation is to                                                                                  from potential hazards created during
                                                accommodate the Oregon Brewers’                          SUMMARY:   The Coast Guard is                         the Red Bull Flugtag event. It is
                                                Parade event. To facilitate this event,                  establishing a temporary safety zone for              impracticable to publish a NPRM
                                                the draw of this bridge will be allowed                  navigable waters of the Allegheny River               because we must establish this safety
                                                to be kept in the closed-to-navigation                   200 yards from the right descending                   zone by August 5, 2017, and lack
                                                position to marine traffic from 11:30                    bank, from mile marker (MM) 0.0 to MM                 sufficient time to provide a reasonable
                                                a.m. to noon on July 26, 2017. The                       0.2. This safety zone is necessary to                 comment period and then consider
                                                                                                         provide for the safety of life and                    those comments before issuing the rule.
                                                Hawthorne Bridge provides a vertical                                                                              Under 5 U.S.C. 553(d)(3), the Coast
                                                clearance of 49 feet in the closed-to-                   protection of property from potential
                                                                                                         hazards associated with the Red Bull                  Guard finds that good cause exists for
                                                navigation position referenced to the                                                                          making this rule effective less than 30
                                                vertical clearance above Columbia River                  Flugtag event. Entry into this safety
                                                                                                         zone is prohibited unless specifically                days after publication in the Federal
                                                Datum 0.0. The normal operating                                                                                Register. Delaying the effective date of
                                                schedule is in 33 CFR 117.897(c)(3)(v).                  authorized by the Captain of the Port
                                                                                                         Marine Safety Unit Pittsburgh (COTP) or               this rule would be impracticable and
                                                Waterway usage on this part of the                                                                             contrary to the public interest because
                                                                                                         a designated representative.
                                                Willamette River includes vessels                                                                              immediate action is needed to protect
                                                ranging from commercial tug and barge                    DATES: This rule is effective from 10:30              persons and property from the dangers
                                                to small pleasure craft. The Coast Guard                 a.m. through 4:30 p.m. on August 5,                   associated with the Red Bull Flugtag
                                                provided notice of and requested                         2017.                                                 event.
                                                objections to this deviation to local                    ADDRESSES:   To view documents                        III. Legal Authority and Need for Rule
                                                mariners via the Local Notice Mariners,                  mentioned in this preamble as being
                                                and email. No objections were                            available in the docket, go to http://                   The Coast Guard is issuing this rule
                                                                                                         www.regulations.gov, type USCG–2016–                  under authority in 33 U.S.C. 1231. The
                                                submitted to the Coast Guard.
                                                                                                         0505 in the ‘‘SEARCH’’ box and click                  Captain of the Port Marine Safety Unit
                                                   Vessels able to pass through the                                                                            Pittsburgh (COTP) has determined that
                                                                                                         ‘‘SEARCH.’’ Click on Open Docket
                                                bridge in the closed-to-navigation                                                                             the potential hazards associated with
                                                                                                         Folder on the line associated with this
                                                position may do so at any time. The                      rule.                                                 the Red Bull Flugtag event present a
                                                bridge will be able to open for                                                                                safety concern and that a safety zone is
                                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                emergencies, and there is no immediate                                                                         necessary on August 5, 2017. This rule
                                                                                                         you have questions on this rule, call or
                                                alternate route for vessels to pass. The                                                                       is needed to provide for the safety of life
                                                                                                         email MST1 Jennifer Haggins, Marine
                                                Coast Guard will inform the users of the                                                                       and protection of vessels and the marine
                                                                                                         Safety Unit Pittsburgh, U.S. Coast
                                                waterway, through our Local and                                                                                environment from potential hazards
                                                                                                         Guard; telephone 412–221–0807, email
                                                Broadcast Notices to Mariners, of the                                                                          created from the Red Bull Flugtag event.
                                                                                                         Jennifer.L.Haggins@uscg.mil.
                                                change in operating schedule for the                                                                           The Coast Guard will notify the public
                                                                                                         SUPPLEMENTARY INFORMATION:                            and maritime community of the
                                                bridges so that vessels can arrange their
                                                transits to minimize any impact caused                   I. Table of Abbreviations                             proposed safety zone and enforcement
                                                by the temporary deviation.                                                                                    period via Broadcast Notice to Mariners
                                                                                                         CFR Code of Federal Regulations                       (BNM).
                                                   In accordance with 33 CFR 117.35(e),                  COTP Captain of the Port Marine Safety
                                                the drawbridge must return to its regular                  Unit Pittsburg                                      IV. Discussion of the Rule
                                                operating schedules immediately at the                   DHS Department of Homeland Security
                                                                                                         FR Federal Register
                                                                                                                                                                 This rule establishes a safety zone on
                                                end of the effective period of this                      NPRM Notice of proposed rulemaking                    August 5, 2017, from 10:30 a.m. through
                                                temporary deviation. This deviation                      § Section                                             4:30 p.m. The safety zone will cover all
                                                from the operating regulations is                        U.S.C. United States Code                             navigable waters on the Allegheny River
                                                authorized under 33 CFR 117.35.                                                                                200 yards from the right descending
                                                                                                         II. Background Information and                        bank mile marker 0.0 to mile marker 0.2.
                                                  Dated: June 30, 2017.                                  Regulatory History                                    The duration of the safety zone is
                                                Steven M. Fischer,
                                                                                                           The Coast Guard is issuing this                     intended to protect personnel, vessels,
mstockstill on DSK30JT082PROD with RULES




                                                Bridge Administrator, Thirteenth Coast Guard             temporary rule without prior notice and               and the marine environment from
                                                District.                                                opportunity to comment pursuant to                    potential hazards created from the Red
                                                [FR Doc. 2017–14458 Filed 7–10–17; 8:45 am]              authority under section 4(a) of the                   Bull Flugtag event. No vessel or person
                                                BILLING CODE 9110–04–P                                   Administrative Procedure Act (APA) (5                 will be permitted to enter the safety
                                                                                                         U.S.C. 553(b)). This provision                        zone without obtaining permission from
                                                                                                         authorizes an agency to issue a rule                  the COTP or a designated
                                                                                                         without prior notice and opportunity to               representative.


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                                                                    Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations                                            31909

                                                V. Regulatory Analyses                                   Fairness Act of 1996 (Pub. L. 104–121),               E. Unfunded Mandates Reform Act
                                                  We developed this rule after                           we want to assist small entities in                     The Unfunded Mandates Reform Act
                                                considering numerous statutes and                        understanding this rule. If the rule                  of 1995 (2 U.S.C. 1531–1538) requires
                                                Executive Order related to rulemaking.                   would affect your small business,                     Federal agencies to assess the effects of
                                                Below we summarize our analyses                          organization, or governmental                         their discretionary regulatory actions. In
                                                based on a number of these statutes and                  jurisdiction and you have questions                   particular, the Act addresses actions
                                                Executive orders, and we discuss First                   concerning its provisions or options for              that may result in the expenditure by a
                                                Amendment rights of protestors.                          compliance, please contact the person                 State, local, or tribal government, in the
                                                                                                         listed in the FOR FURTHER INFORMATION                 aggregate, or by the private sector of
                                                A. Regulatory Planning and Review                        CONTACT section.                                      $100,000,000 (adjusted for inflation) or
                                                   Executive Orders 12866 and 13563                         Small businesses may send comments                 more in any one year. Though this rule
                                                direct agencies to assess the costs and                                                                        will not result in such expenditure, we
                                                                                                         on the actions of Federal employees
                                                benefits of available regulatory                                                                               do discuss the effects of this rule
                                                                                                         who enforce, or otherwise determine
                                                alternatives and, if regulation is                                                                             elsewhere in this preamble.
                                                                                                         compliance with, Federal regulations to
                                                necessary, to select regulatory
                                                approaches that maximize net benefits.                   the Small Business and Agriculture                    F. Environment
                                                Executive Order 13771 directs agencies                   Regulatory Enforcement Ombudsman                         We have analyzed this rule under
                                                to control regulatory costs through a                    and the Regional Small Business                       Department of Homeland Security
                                                budgeting process. This rule has not                     Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                                been designated a ‘‘significant                          Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                                regulatory action,’’ under Executive                     annually and rates each agency’s                      which guide the Coast Guard in
                                                Order 12866. Accordingly, this rule has                  responsiveness to small business. If you              complying with the National
                                                not been reviewed by the Office of                       wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                                Management and Budget (OMB), and                         employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                                pursuant to OMB guidance it is exempt                    888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                                from the requirements of Executive                       Coast Guard will not retaliate against                category of actions that do not
                                                Order 13771.                                             small entities that question or complain              individually or cumulatively have a
                                                   This regulatory action determination                  about this rule or any policy or action               significant effect on the human
                                                is based on the size, location, duration                 of the Coast Guard.                                   environment. This rule involves a safety
                                                and time-of-year of the safety zone. This                                                                      zone lasting six hours that will prohibit
                                                safety zone affects a small portion of                   C. Collection of Information                          entry on the Allegheny River 200 yards
                                                these navigable waterways for a limited                    This rule will not call for a new                   from the right descending bank mile 0.0
                                                duration of six hours and still will not                 collection of information under the                   to mile 0.2 during the Red Bull Flugtag
                                                impede the channel allowing vessels to                   Paperwork Reduction Act of 1995 (44                   event. It is categorically excluded from
                                                pass through. Due to the limited scope                   U.S.C. 3501–3520).                                    further review under paragraph 34 (g) of
                                                and short duration of the safety zone,                                                                         Figure 2–1 of the Commandant
                                                the impact on routine navigation is                      D. Federalism and Indian Tribal                       Instruction M16475.1D. A Record of
                                                expected to be minimal. Additionally,                    Governments                                           Environmental Consideration (REC)
                                                the Coast Guard will issue Broadcast                                                                           supporting this determination is
                                                Notices to Mariners via VHF–FM marine                       A rule has implications for federalism             available in the docket where indicated
                                                channel 16 about the zone and the rule                   under Executive Order 13132,                          under ADDRESSES.
                                                allows vessels to seek permission to                     Federalism, if it has a substantial direct
                                                transit the zone.                                        effect on the States, on the relationship             G. Protest Activities
                                                                                                         between the national government and                     The Coast Guard respects the First
                                                B. Impact on Small Entities
                                                                                                         the States, or on the distribution of                 Amendment rights of protesters.
                                                   The Regulatory Flexibility Act of                     power and responsibilities among the                  Protesters are asked to contact the
                                                1980, 5 U.S.C. 601–612, as amended,                      various levels of government. We have                 person listed in the FOR FURTHER
                                                requires Federal agencies to consider                    analyzed this rule under that Order and               INFORMATION CONTACT section to
                                                the potential impact of regulations on                   have determined that it is consistent                 coordinate protest activities so that your
                                                small entities during rulemaking. The                    with the fundamental federalism                       message can be received without
                                                term ‘‘small entities’’ comprises small                  principles and preemption requirements                jeopardizing the safety or security of
                                                businesses, not-for-profit organizations                 described in Executive Order 13132.                   people, places or vessels.
                                                that are independently owned and
                                                operated and are not dominant in their                      Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                                fields, and governmental jurisdictions                   implications under Executive Order                      Marine safety, Navigation (water),
                                                with populations of less than 50,000.                    13175, Consultation and Coordination                  Reporting and recordkeeping
                                                The Coast Guard certifies under 5 U.S.C.                 with Indian Tribal Governments,                       requirements, Security measures,
                                                605(b) that this rule will not have a                    because it does not have a substantial                Waterways.
                                                significant economic impact on a                         direct effect on one or more Indian                     For the reasons discussed in the
                                                substantial number of small entities.                    tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                   While some owners or operators of                     Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                vessels intending to transit the safety                  or on the distribution of power and
mstockstill on DSK30JT082PROD with RULES




                                                zone may be small entities, for the                      responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                reasons stated in section V.A above, this                Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                                rule will not have a significant                         believe this rule has implications for
                                                economic impact on any vessel owner                      federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                or operator.                                             contact the person listed in the FOR                  continues to read as follows:
                                                   Under section 213(a) of the Small                     FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                Business Regulatory Enforcement                          above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;



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                                                31910                      Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                Department of Homeland Security Delegation                               DEPARTMENT OF EDUCATION                                                  Education Act of 1965, as amended
                                                No. 0170.1.                                                                                                                                       (HEA), and the Elementary and
                                                ■ 2. Add § 165.T08–0505 to read as                                       34 CFR Parts 104, 105, 222, 300, 361,                                    Secondary Education Act of 1965, as
                                                follows:                                                                 373, 385, 668, and 674                                                   amended (ESEA), by removing the
                                                                                                                         [Docket ID ED–2017–OS–0051]                                              words ‘‘mental retardation’’ and
                                                § 165.T08–0505 Safety Zone; Red Bull
                                                Flugtag, Allegheny River, Pittsburgh, PA.                                                                                                         replacing them with the words
                                                                                                                         RIN 1801–AA11
                                                   (a) Location. The following area is a                                                                                                          ‘‘intellectual disability’’ or ‘‘intellectual
                                                safety zone: All navigable waters of the                                 Rosa’s Law                                                               disabilities.’’ We are therefore revising
                                                Allegheny River 200 yards from the                                                                                                                applicable sections in title 34 of the
                                                                                                                         AGENCY:  Office of the Secretary,                                        Code of Federal Regulations (CFR). The
                                                right descending bank from mile marker
                                                                                                                         Department of Education.                                                 following paragraphs describe the
                                                0.0 to mile marker 0.2
                                                   (b) Effective date. This safety zone                                  ACTION: Final regulations.                                               changes we are making to the
                                                will be in effect from 10:30 a.m. through                                                                                                         regulations and the specific statutory
                                                                                                                         SUMMARY:    Rosa’s Law changes
                                                4:30 p.m. on August 5, 2017.                                             references to ‘‘mental retardation’’ in                                  changes on which the regulatory
                                                   (c) Regulations. (1) In accordance with                                                                                                        changes are based.
                                                                                                                         Federal law to ‘‘intellectual disability’’
                                                the general regulations in § 165.23 of
                                                                                                                         or ‘‘intellectual disabilities.’’ These final                            Rehabilitation Act
                                                this part, entry into this zone is
                                                                                                                         regulations implement this statutory
                                                prohibited unless authorized by the                                                                                                                  Statute: Rosa’s Law amended the
                                                                                                                         change in applicable Department of
                                                Captain of the Port Marine Safety Unit
                                                                                                                         Education regulations.                                                   Rehabilitation Act by substituting
                                                Pittsburgh (COTP) or a designated
                                                                                                                         DATES: These regulations are effective                                   ‘‘intellectual disability’’ for ‘‘mental
                                                representative.
                                                   (2) Persons or vessels seeking entry                                  August 10, 2017.                                                         retardation’’ in section 7(21)(A)(iii) (29
                                                into this safety zone must request                                       FOR FURTHER INFORMATION CONTACT:                                         U.S.C. 705(21)(A)(iii)); substituting
                                                permission from the COTP or a                                            Levon Schlichter, U.S. Department of                                     ‘‘intellectual disabilities’’ for ‘‘mental
                                                designated representative. The COTP or                                   Education, Office of the General                                         retardation’’ in section 204(b)(2)(C)(vi)
                                                a designated representative may be                                       Counsel, 400 Maryland Avenue SW.,                                        (29 U.S.C. 764(b)(2)(C)(vi)); and
                                                contacted at 412–221–0807.                                               Room 6E235, Washington, DC 20202–                                        substituting ‘‘President’s Disability
                                                   (3) All persons shall comply with the                                 2241. Telephone: (202) 453–6387 or by                                    Employment Partnership Board and the
                                                instructions of the COTP or their                                        email: levon.schlichter@ed.gov.                                          President’s Committee for People with
                                                designated representative. COTP or                                          If you use a telecommunications                                       Intellectual Disabilities’’ for ‘‘President’s
                                                designated representative includes a                                     device for the deaf (TDD) or a text                                      Committees on Employment of People
                                                United States Coast Guard                                                telephone (TTY), call the Federal Relay                                  With Disabilities and on Mental
                                                commissioned officer, warrant officer,                                   Service, toll free, at 1–800–877–8339.                                   Retardation’’ in section 501(a) (29 U.S.C.
                                                and petty officer.                                                          Individuals with disabilities can                                     791(a)).
                                                   (d) Information broadcasts. The COTP                                  obtain this document in an accessible
                                                or a designated representative will                                      format (e.g., braille, large print,                                         Regulations: We have substituted
                                                inform the public through Broadcast                                      audiotape, or compact disc) on request                                   ‘‘intellectual disability’’ for ‘‘mental
                                                Notices to Mariners of the enforcement                                   to the contact person listed in this                                     retardation’’ and ‘‘having an intellectual
                                                period for the safety zone.                                              section.                                                                 disability’’ for ‘‘mentally retarded’’ in
                                                  Dated: July 5, 2017.                                                                                                                            the following definitions:
                                                                                                                         SUPPLEMENTARY INFORMATION:     Rosa’s
                                                L. Mcclain, Jr.,                                                         Law (Pub. L. 111–256) amended
                                                Commander, U.S. Coast Guard, Captain of                                  sections of the Rehabilitation Act of
                                                the Port Pittsburgh.                                                     1973, as amended (Rehabilitation Act),
                                                [FR Doc. 2017–14424 Filed 7–10–17; 8:45 am]                              the Individuals with Disabilities
                                                BILLING CODE 9110–04–P                                                   Education Act (IDEA), the Higher

                                                                                                                                 Term                                                                                         Section within title 34, CFR

                                                ‘‘handicapped person’’ ....................................................................................................................................................   § 104.3(j)(2)(i).
                                                ‘‘individual with a severe disability’’ ................................................................................................................................      § 385.4.
                                                ‘‘individual with a significant disability’’ ...........................................................................................................................      §§ 361.5 and 373.4.
                                                ‘‘individual with handicaps’’ .............................................................................................................................................   § 105.3.
                                                ‘‘physical or mental impairment’’ ....................................................................................................................................        § 361.5.



                                                  We have also substituted ‘‘intellectual                                1400(c)(12)(C)) and 602(3)(A)(i) and                                     retardation’’ with the defined term
                                                disability’’ for ‘‘mental retardation’’ in                               (30)(C) (20 U.S.C. 1401(3)(A)(i) and                                     ‘‘intellectual disability.’’
                                                Appendix A to part 104.                                                  (30)(C)).                                                                   Reasons: We have made these
                                                  Reasons: We have made these                                               Regulations: We have revised                                          regulatory revisions to implement the
                                                regulatory revisions to implement the                                    Appendix F to 34 CFR part 300 and the                                    changes made to the IDEA by Rosa’s
                                                changes made to the Rehabilitation Act                                   following sections in title 34 to remove                                 Law.
mstockstill on DSK30JT082PROD with RULES




                                                by Rosa’s Law.                                                           references to ‘‘mental retardation’’ and
                                                                                                                         add, in their place, references to an                                    HEA
                                                IDEA
                                                                                                                         ‘‘intellectual disability’’: §§ 300.8(a)(1),
                                                  Statute: Rosa’s Law amended the                                        (c)(6), (c)(7), and (c)(10)(ii);                                           Statute: Rosa’s Law amended section
                                                IDEA by substituting ‘‘intellectual                                      300.309(a)(3)(ii); and 300.311(a)(6).                                    760(2)(A) of the HEA (20 U.S.C.
                                                disabilities’’ for ‘‘mental retardation’’ in                             Additionally, in § 300.8(c)(6), we have                                  1140(2)(A)) by removing the words
                                                sections 601(c)(12)(C) (20 U.S.C.                                        replaced the defined term ‘‘mental                                       ‘‘mental retardation or.’’


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Document Created: 2018-11-14 10:21:23
Document Modified: 2018-11-14 10:21:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 10:30 a.m. through 4:30 p.m. on August 5, 2017.
ContactIf you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation82 FR 31908 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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