82_FR_50526 82 FR 50317 - Safety Zone; Monongahela River, Monongahela, PA

82 FR 50317 - Safety Zone; Monongahela River, Monongahela, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 209 (October 31, 2017)

Page Range50317-50319
FR Document2017-23652

The Coast Guard is establishing a temporary safety zone for navigable waters of the Monongahela River from mile marker (MM) 31.5 to (MM) 32.5. The safety zone is necessary to provide for the safety of life on these navigable waters near Monongahela, PA from potential hazards created by a land based fireworks display. Entry of vessels or persons into this 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 209 (Tuesday, October 31, 2017)
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Rules and Regulations]
[Pages 50317-50319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23652]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0891]
RIN 1625-AA00


Safety Zone; Monongahela River, Monongahela, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Monongahela River from mile marker (MM) 31.5 to 
(MM) 32.5. The safety zone is necessary to provide for the safety of 
life on these navigable waters near Monongahela, PA from potential 
hazards created by a land based fireworks display. Entry of vessels or 
persons into this 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 8:30 p.m. through 10:30 p.m. on 
November 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0891 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 Pittsburgh
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.
    The Coast Guard received a notice of the event on September 7, 
2017. After receiving and fully reviewing the event information, 
circumstances and exact location, the Coast Guard determined that a 
safety zone was necessary to protect personnel, vessels, and the marine 
environment from potential hazards created from a land based fireworks 
display. It would be impracticable to complete the full NPRM process 
for this safety zone because we need to establish it by November 17, 
2017 and lack sufficient time to provide a reasonable comment period 
and then consider those comments before issuing the 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 this rule 
would be contrary to the public interest of ensuring the safety of 
spectators and vessels during the event and action is necessary to 
prevent possible loss of life and property.

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 November 17, 2017. This rule

[[Page 50318]]

is needed to protect personnel, vessels, and the marine environment 
from potential hazards created from a land based fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 p.m. through 10:30 
p.m. on November 17, 2017. The safety zone will cover all navigable 
waters on the Monongahela River from MM 31.5 to MM 32.5. The duration 
of the safety zone is intended to protect personnel, vessels, and the 
marine environment from potential hazards created from a land based 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive 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, and duration of the safety zone. This safety zone impacts a 
small portion of the waterway and for a limited duration of two hours. 
Vessel traffic will be informed about the safety zone through local 
notices to mariners. Moreover, the Coast Guard will issue Broadcast 
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 two hours that will prohibit entry 
on the Monongahela River from MM 31.5 to MM 32.5, during the land based 
fireworks event. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration 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.

[[Page 50319]]

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-0891 to read as follows:


Sec.  165.T08-0891  Safety Zone: Monongahela River, Monongahela, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Monongahela River from mile marker (MM) 31.5 to MM 32.5.
    (b) Effective date. This rule is effective from 8:30 p.m. through 
10:30 p.m. on November 17, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 requiring entry into or passage through the 
zone must request permission from the COTP or a designated 
representative. The designated representative may be contacted at 412-
221-0807.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or a designated representative. Designated representatives 
include United States Coast Guard commissioned, warrant, and petty 
officers.
    (d) Information broadcasts. The Captain COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the planned schedule.

    Dated: October 26, 2017.
L. McClain, Jr.,
Commander, Captain of the Port, U.S. Coast Guard.
[FR Doc. 2017-23652 Filed 10-30-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations                                        50317

                                             Environmental Consideration                             anchor in, or remain within the                       email MST1 Jennifer Haggins, Marine
                                             supporting this determination is                        regulated area is granted by the COTP                 Safety Unit Pittsburgh, U.S. Coast
                                             available in the docket where indicated                 Savannah or a designated                              Guard; telephone 412–221–0807, email
                                             under ADDRESSES.                                        representative, all persons and vessels               Jennifer.L.Haggins@uscg.mil.
                                                                                                     receiving such authorization must                     SUPPLEMENTARY INFORMATION:
                                             G. Protest Activities                                   comply with the instructions of the
                                               The Coast Guard respects the First                    COTP Savannah or a designated                         I. Table of Abbreviations
                                             Amendment rights of protesters.                         representative.                                       CFR Code of Federal Regulations
                                             Protesters are asked to contact the                       (3) The Coast Guard will provide                    COTP Captain of the Port Marine Safety
                                             person listed in the FOR FURTHER                        notice of the regulated areas by Local                  Unit Pittsburgh
                                             INFORMATION CONTACT section to                          Notice to Mariners, Broadcast Notice to               DHS Department of Homeland Security
                                             coordinate protest activities so that your              Mariners, Marine Safety Security                      FR Federal Register
                                             message can be received without                         Bulletins, and on-scene designated                    NPRM Notice of proposed rulemaking
                                             jeopardizing the safety or security of                  representatives.                                      § Section
                                                                                                       (e) Effective and enforcement period.               U.S.C. United States Code
                                             people, places or vessels.
                                                                                                     This rule is effective and will be                    II. Background Information and
                                             List of Subjects in 33 CFR Part 165                     enforced on November 25, 2017 from 4                  Regulatory History
                                               Harbors, Marine safety, Navigation                    p.m. to 11 p.m.
                                             (water), Reporting and recordkeeping                                                                             The Coast Guard is issuing this
                                                                                                       Dated: October 24, 2017.                            temporary rule without prior notice and
                                             requirements, Security measures,                        Norman C. Witt,
                                             Waterways.                                                                                                    opportunity to comment pursuant to
                                                                                                     Commander, U.S. Coast Guard, Captain of               authority under section 4(a) of the
                                               For the reasons discussed in the                      the Port Savannah.                                    Administrative Procedure Act (APA) (5
                                             preamble, the Coast Guard amends 33                     [FR Doc. 2017–23616 Filed 10–30–17; 8:45 am]          U.S.C. 553(b)). This provision
                                             CFR part 165 as follows:                                BILLING CODE 9110–04–P                                authorizes an agency to issue a rule
                                             PART 165—REGULATED NAVIGATION                                                                                 without prior notice and opportunity to
                                             AREAS AND LIMITED ACCESS AREAS                                                                                comment when the agency for good
                                                                                                     DEPARTMENT OF HOMELAND                                cause finds that those procedures are
                                             ■ 1. The authority citation for part 165                SECURITY                                              ‘‘impracticable, unnecessary, or contrary
                                             continues to read as follows:                                                                                 to the public interest.’’ Under 5 U.S.C.
                                                                                                     Coast Guard
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                           553(b)(B), the Coast Guard finds that
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     good cause exists for not publishing a
                                                                                                     33 CFR Part 165
                                             Department of Homeland Security                                                                               notice of proposed rulemaking (NPRM)
                                             Delegations No. 0170.1.                                 [Docket Number USCG–2017–0891]                        with respect to this rule because it is
                                                                                                     RIN 1625–AA00                                         impracticable.
                                             ■ 2. Add § 165.T07–0973 to read as
                                                                                                                                                              The Coast Guard received a notice of
                                             follows:
                                                                                                     Safety Zone; Monongahela River,                       the event on September 7, 2017. After
                                             § 165.T07–0973 Safety Zone; Savannah                    Monongahela, PA                                       receiving and fully reviewing the event
                                             Harbor Boat Parade, Savannah River,                                                                           information, circumstances and exact
                                             Savannah, GA.                                           AGENCY:    Coast Guard, DHS.                          location, the Coast Guard determined
                                                (a) Regulated area. The following                    ACTION:   Temporary final rule.                       that a safety zone was necessary to
                                             regulated area is a safety zone: All                    SUMMARY:   The Coast Guard is                         protect personnel, vessels, and the
                                             waters of the Savannah River from                       establishing a temporary safety zone for              marine environment from potential
                                             statute mile 13 to statute mile 15.                     navigable waters of the Monongahela                   hazards created from a land based
                                                (b) Definition. As used in this section,             River from mile marker (MM) 31.5 to                   fireworks display. It would be
                                             ‘‘designated representative’’ means                     (MM) 32.5. The safety zone is necessary               impracticable to complete the full
                                             Coast Guard Patrol Commanders,                          to provide for the safety of life on these            NPRM process for this safety zone
                                             including Coast Guard coxswains, petty                  navigable waters near Monongahela, PA                 because we need to establish it by
                                             officers, and other officers operating                  from potential hazards created by a land              November 17, 2017 and lack sufficient
                                             Coast Guard vessels or aircraft, and                    based fireworks display. Entry of vessels             time to provide a reasonable comment
                                             federal, state, and local officers                      or persons into this zone is prohibited               period and then consider those
                                             designated by or assisting the Captain of               unless specifically authorized by the                 comments before issuing the rule.
                                             the Port (COTP) Savannah in the                         Captain of the Port Marine Safety Unit                   We are issuing this rule, and under 5
                                             enforcement of the regulated areas.                     Pittsburgh (COTP) or a designated                     U.S.C. 553(d)(3), the Coast Guard finds
                                                (c) Regulations. (1) All persons and                 representative.                                       that good cause exists for making it
                                             vessels are prohibited from entering,                                                                         effective less than 30 days after
                                             transiting through, anchoring in, or                    DATES: This rule is effective from 8:30               publication in the Federal Register.
                                             remaining within the regulated area of                  p.m. through 10:30 p.m. on November                   Delaying this rule would be contrary to
                                             the safety zone unless authorized by the                17, 2017.                                             the public interest of ensuring the safety
                                             COTP Savannah or a designated                           ADDRESSES: To view documents                          of spectators and vessels during the
                                             representative.                                         mentioned in this preamble as being                   event and action is necessary to prevent
                                                (2) Persons or vessels desiring to                   available in the docket, go to http://                possible loss of life and property.
                                             enter, transit through, anchor in, or                   www.regulations.gov, type USCG–2017–
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                                             remain within the safety zone may                       0891 in the ‘‘SEARCH’’ box and click                  III. Legal Authority and Need for Rule
                                             contact COTP Savannah by telephone at                   ‘‘SEARCH.’’ Click on Open Docket                        The Coast Guard is issuing this rule
                                             (912) 652–4353, or a designated                         Folder on the line associated with this               under authority in 33 U.S.C. 1231. The
                                             representative via VHF radio on channel                 rule.                                                 Captain of the Port Pittsburgh (COTP)
                                             16, to request authorization. If                        FOR FURTHER INFORMATION CONTACT: If                   has determined that a safety zone is
                                             authorization to enter, transit through,                you have questions on this rule, call or              needed on November 17, 2017. This rule


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                                             50318            Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations

                                             is needed to protect personnel, vessels,                businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                             and the marine environment from                         that are independently owned and                      implications under Executive Order
                                             potential hazards created from a land                   operated and are not dominant in their                13175, Consultation and Coordination
                                             based fireworks display.                                fields, and governmental jurisdictions                with Indian Tribal Governments,
                                                                                                     with populations of less than 50,000.                 because it does not have a substantial
                                             IV. Discussion of the Rule
                                                                                                     The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                                This rule establishes a safety zone                  605(b) that this rule will not have a                 tribes, on the relationship between the
                                             from 8:30 p.m. through 10:30 p.m. on                    significant economic impact on a                      Federal Government and Indian tribes,
                                             November 17, 2017. The safety zone                      substantial number of small entities.                 or on the distribution of power and
                                             will cover all navigable waters on the                     While some owners or operators of                  responsibilities between the Federal
                                             Monongahela River from MM 31.5 to                       vessels intending to transit the safety               Government and Indian tribes. If you
                                             MM 32.5. The duration of the safety                     zone may be small entities, for the                   believe this rule has implications for
                                             zone is intended to protect personnel,                  reasons stated in section V.A. above,                 federalism or Indian tribes, please
                                             vessels, and the marine environment                     this rule will not have a significant                 contact the person listed in the FOR
                                             from potential hazards created from a                   economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section
                                             land based fireworks display. No vessel                 or operator.                                          above.
                                             or person will be permitted to enter the                   Under section 213(a) of the Small
                                             safety zone without obtaining                                                                                 E. Unfunded Mandates Reform Act
                                                                                                     Business Regulatory Enforcement
                                             permission from the COTP or a                           Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                             designated representative.                              we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                             V. Regulatory Analyses                                  understanding this rule. If the rule                  Federal agencies to assess the effects of
                                                                                                     would affect your small business,                     their discretionary regulatory actions. In
                                               We developed this rule after                                                                                particular, the Act addresses actions
                                                                                                     organization, or governmental
                                             considering numerous statutes and                                                                             that may result in the expenditure by a
                                                                                                     jurisdiction and you have questions
                                             Executive Order related to rulemaking.                                                                        State, local, or tribal government, in the
                                                                                                     concerning its provisions or options for
                                             Below we summarize our analyses                                                                               aggregate, or by the private sector of
                                                                                                     compliance, please contact the person
                                             based on a number of these statutes and                                                                       $100,000,000 (adjusted for inflation) or
                                                                                                     listed in the FOR FURTHER INFORMATION
                                             Executive orders, and we discuss First                                                                        more in any one year. Though this rule
                                                                                                     CONTACT section.
                                             Amendment rights of protestors.                                                                               will not result in such expenditure, we
                                                                                                        Small businesses may send comments
                                             A. Regulatory Planning and Review                       on the actions of Federal employees                   do discuss the effects of this rule
                                                Executive Orders 12866 and 13563                     who enforce, or otherwise determine                   elsewhere in this preamble.
                                             direct agencies to assess the costs and                 compliance with, Federal regulations to               F. Environment
                                             benefits of available regulatory                        the Small Business and Agriculture
                                             alternatives and, if regulation is                      Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                             necessary, to select regulatory                         and the Regional Small Business                       Department of Homeland Security
                                             approaches that maximize net benefits.                  Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                             Executive Order 13771 directs agencies                  Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                             to control regulatory costs through a                   annually and rates each agency’s                      which guide the Coast Guard in
                                             budgeting process. This rule has not                    responsiveness to small business. If you              complying with the National
                                             been designated a ‘‘significant                         wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                             regulatory action,’’ under Executive                    employees of the Coast Guard, call                    U.S.C. 4321–4370f), and have
                                             Order 12866. Accordingly, this rule has                 1–888–REG–FAIR (1–888–734–3247).                      determined that this action is one of a
                                             not been reviewed by the Office of                      The Coast Guard will not retaliate                    category of actions that do not
                                             Management and Budget (OMB), and                        against small entities that question or               individually or cumulatively have a
                                             pursuant to OMB guidance it is exempt                   complain about this rule or any policy                significant effect on the human
                                             from the requirements of Executive                      or action of the Coast Guard.                         environment. This rule involves a safety
                                             Order 13771.                                                                                                  zone lasting two hours that will prohibit
                                                                                                     C. Collection of Information                          entry on the Monongahela River from
                                                This regulatory action determination
                                             is based on the size, location, and                       This rule will not call for a new                   MM 31.5 to MM 32.5, during the land
                                             duration of the safety zone. This safety                collection of information under the                   based fireworks event. It is categorically
                                             zone impacts a small portion of the                     Paperwork Reduction Act of 1995 (44                   excluded from further review under
                                             waterway and for a limited duration of                  U.S.C. 3501–3520).                                    paragraph 34(g) of Figure 2–1 of the
                                             two hours. Vessel traffic will be                                                                             Commandant Instruction. A Record of
                                                                                                     D. Federalism and Indian Tribal                       Environmental Consideration
                                             informed about the safety zone through                  Governments
                                             local notices to mariners. Moreover, the                                                                      supporting this determination is
                                             Coast Guard will issue Broadcast                           A rule has implications for federalism             available in the docket where indicated
                                             Notices to Mariners via VHF–FM marine                   under Executive Order 13132,                          under ADDRESSES.
                                             channel 16 about the zone and the rule                  Federalism, if it has a substantial direct            G. Protest Activities
                                             allows vessels to seek permission to                    effect on the States, on the relationship
                                             transit the zone.                                       between the national government and                     The Coast Guard respects the First
                                                                                                     the States, or on the distribution of                 Amendment rights of protesters.
                                             B. Impact on Small Entities                             power and responsibilities among the
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                                                                                                                                                           Protesters are asked to contact the
                                               The Regulatory Flexibility Act of                     various levels of government. We have                 person listed in the FOR FURTHER
                                             1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and               INFORMATION CONTACT section to
                                             requires Federal agencies to consider                   have determined that it is consistent                 coordinate protest activities so that your
                                             the potential impact of regulations on                  with the fundamental federalism                       message can be received without
                                             small entities during rulemaking. The                   principles and preemption requirements                jeopardizing the safety or security of
                                             term ‘‘small entities’’ comprises small                 described in Executive Order 13132.                   people, places or vessels.


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                                                              Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations                                        50319

                                             List of Subjects in 33 CFR Part 165                     POSTAL REGULATORY COMMISSION                          3198 (2006). The revised rules will treat
                                                                                                                                                           employees’ and former employees’
                                               Marine safety, Navigation (water),                    39 CFR Part 3000                                      interactions with the Postal Service
                                             Reporting and recordkeeping                                                                                   substantially the same as if those
                                                                                                     [Docket No. RM2017–4; Order No. 4178]
                                             requirements, Security measures,                                                                              interactions were with entities that are
                                             Waterways.                                              Supplemental Standards of Ethical                     not part of the federal government.
                                               For the reasons discussed in the                      Conduct                                               II. Background
                                             preamble, the Coast Guard amends 33                     AGENCY:  Postal Regulatory Commission.                   The ethics rules contained in 39 CFR
                                             CFR part 165 as follows:                                ACTION: Final rule.                                   subpart A of part 3000 were adopted in
                                                                                                                                                           a 1971 rulemaking, in which the Civil
                                             PART 165—REGULATED NAVIGATION                           SUMMARY:   The Commission revises its                 Service Commission promulgated
                                             AREAS AND LIMITED ACCESS AREAS                          existing ethics rules to replace those                employee conduct regulations on the
                                                                                                     duplicative rules with rules that reflect             Commission’s behalf. 36 FR 5412 (Mar.
                                             ■ 1. The authority citation for part 165                the Commission’s current regulatory                   23, 1971). In 1993, the Commission
                                             continues to read as follows:                           role under the Postal Accountability and              collaborated with OGE to revise the
                                                                                                     Enhancement Act.                                      Commission’s ethics rules in 39 CFR
                                               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;               DATES: Effective date: November 30,                   subpart A of part 3000. 58 FR 42873,
                                             Department of Homeland Security Delegation              2017.                                                 42874 (Aug. 12, 1993). The Commission
                                             No. 0170.1.                                             FOR FURTHER INFORMATION CONTACT:                      amended the ethics rules in 2001 to
                                                                                                     David A. Trissell, General Counsel, at                eliminate a redundant provision. 66 FR
                                             ■ 2. Add § 165.T08–0891 to read as                      202–789–6820.                                         32544, 32545 (Jun. 15, 2001).
                                             follows:                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                              In 2006, the PAEA changed the
                                                                                                                                                           agency’s name from the Postal Rate
                                             § 165.T08–0891 Safety Zone: Monongahela                 Table of Contents                                     Commission to the Postal Regulatory
                                             River, Monongahela, PA.                                                                                       Commission and made several changes
                                                                                                     I. Introduction
                                               (a) Location. The following area is a                 II. Background                                        to the Commission’s regulatory role. In
                                             safety zone: All navigable waters of the                III. Comments                                         2007, the Commission amended its
                                             Monongahela River from mile marker                      IV. Commission Analysis                               ethics rules to correct the statutory
                                                                                                     V. Ordering Paragraphs                                authority and the agency’s name, both of
                                             (MM) 31.5 to MM 32.5.
                                                                                                     I. Introduction                                       which were changed by the PAEA. 72
                                               (b) Effective date. This rule is effective                                                                  FR 33164, 33165 (Jun. 15, 2007). In
                                             from 8:30 p.m. through 10:30 p.m. on                       On May 24, 2017, the Postal                        2016, the Commission amended its
                                             November 17, 2017.                                      Regulatory Commission (Commission)                    ethics rules to redesignate the
                                                (c) Regulations. (1) In accordance with              issued a notice of proposed rulemaking                numbering to be consistent with the
                                             the general regulations in § 165.23, entry              to amend the Commission’s ethics rules,               Federal Register Document Drafting
                                             into this zone is prohibited unless                     39 CFR subpart A of part 3000.1 On the                Handbook and to correct the listed
                                                                                                     same day, with the concurrence of the                 authority. 81 FR 42534, 42540 (Jun. 30,
                                             authorized by the Captain of the Port
                                                                                                     Office of Government Ethics (OGE), the                2016). Neither amendment modernized
                                             Marine Safety Unit Pittsburgh (COTP) or
                                                                                                     Commission also issued a notice of                    the Commission’s ethics rules to reflect
                                             a designated representative.                            proposed rulemaking to amend the                      the PAEA’s enhancements to the
                                                (2) Persons or vessels requiring entry               supplemental standards of ethical                     Commission’s responsibilities.
                                             into or passage through the zone must                   conduct, 5 CFR part 5601, applicable to                  Because the ethics rules in existing 39
                                             request permission from the COTP or a                   Commission employees.2                                CFR subpart A of part 3000 are
                                             designated representative. The                             Executive branch employees are                     redundant to rules contained in title 5
                                             designated representative may be                        subject to multiple federal ethics laws,              of the Code of Federal Regulations, the
                                             contacted at 412–221–0807.                              regulations issued by OGE, and                        Commission undertook this rulemaking
                                                (3) All persons and vessels shall                    executive orders. Because existing 39                 to streamline its regulations. Order No.
                                                                                                     CFR subpart A of part 3000 contains                   3907 at 4–5. Further, the PAEA’s
                                             comply with the instructions of the
                                                                                                     several rules that are duplicative of                 changes to the Commission’s
                                             COTP or a designated representative.
                                                                                                     rules contained in 5 CFR part 2638 and                responsibilities drive the need to
                                             Designated representatives include
                                                                                                     5 CFR part 5601, as amended, the                      modernize the ethics rules to ensure
                                             United States Coast Guard
                                                                                                     Commission will revise existing 39 CFR                that consistent rules will apply to
                                             commissioned, warrant, and petty                        subpart A of part 3000. The Commission
                                             officers.                                                                                                     employees’ and former employees’
                                                                                                     will replace those duplicative rules with             interactions with entities outside the
                                                (d) Information broadcasts. The                      rules that reflect the Commission’s                   federal government and with the Postal
                                             Captain COTP or a designated                            current regulatory role under the Postal              Service.
                                             representative will inform the public                   Accountability and Enhancement Act
                                             through broadcast notices to mariners of                (PAEA), Public Law 109–435, 120 Stat.                 III. Comments
                                             the enforcement period for the safety                                                                            The Commission received two sets of
                                             zone as well as any changes in the                        1 82 FR 23766 (May 24, 2017). The Commission
                                                                                                                                                           comments pertaining to the proposed
                                                                                                     posted this document on its Web site on May 19,
                                             planned schedule.                                       2017. Notice of Proposed Rulemaking on
                                                                                                                                                           revisions to the supplemental standards
ethrower on DSK3G9T082PROD with RULES




                                               Dated: October 26, 2017.                              Amendments to Ethics Rules, May 19, 2017 (Order       of ethical conduct and the
                                                                                                     No. 3907).                                            Commission’s ethics rules.
                                             L. McClain, Jr.,                                          2 82 FR 23758 (May 24, 2017). The Commission           Sum Comments. The Commission
                                             Commander, Captain of the Port, U.S. Coast              posted this document on its Web site on May 19,       received the following comment
                                             Guard.                                                  2017. Order No. 3906, Notice of Proposed
                                                                                                     Rulemaking on Amendments to Supplemental
                                                                                                                                                           through the www.federalregister.gov
                                             [FR Doc. 2017–23652 Filed 10–30–17; 8:45 am]                                                                  Web site: ‘‘Any deletion of ethical
                                                                                                     Standards of Ethical Conduct for Employees of the
                                             BILLING CODE 9110–04–P                                  Postal Regulatory Commission, May 19, 2017.           conduct would not be in the best


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Document Created: 2018-10-25 10:18:13
Document Modified: 2018-10-25 10:18:13
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 8:30 p.m. through 10:30 p.m. on November 17, 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 50317 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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