83_FR_42189 83 FR 42028 - Safety Zone; Ohio River Miles 0.0 to 0.5, Pittsburgh, PA

83 FR 42028 - Safety Zone; Ohio River Miles 0.0 to 0.5, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42028-42030
FR Document2018-17854

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker (MM) 0.0 to MM 0.5. This safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards associated with a fireworks display. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42028-42030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17854]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0743]
RIN 1625-AA00


Safety Zone; Ohio River Miles 0.0 to 0.5, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Ohio River, extending the entire width of 
the river, from mile marker (MM) 0.0 to MM 0.5. This safety zone is 
necessary to protect persons, vessels, and the marine environment from 
potential hazards associated with a fireworks display. Entry of persons 
or vessels into this

[[Page 42029]]

zone is prohibited unless authorized by the Captain of the Port Marine 
Safety Unit Pittsburgh or a designated representative.

DATES: This rule is effective from 8:30 p.m. through 10 p.m. on August 
23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0743 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer 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
MM Mile marker
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)(3)(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. This 
safety zone must be established by August 23, 2018, and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the safety zone until after the date 
of the fireworks display and compromise public safety.
    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 this rule would be 
contrary to the public interest because immediate action is necessary 
to respond to the potential safety hazards associated with this 
fireworks display.

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 potential hazards associated with this land-based 
fireworks display will be a safety hazard for anyone on the adjacent 
waterway within a half-mile stretch of the Ohio River. The rule is 
necessary to protect persons, vessels, and the marine environment on 
the navigable waters within the safety zone before, during, and after 
the fireworks.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 p.m. 
through 10 p.m. on August 23, 2018. The safety zone will cover all 
navigable waters of the Ohio River, extending the entire width of the 
river, from mile marker (MM) 0.0 to MM 0.5. The duration of the zone is 
intended to protect persons, vessels, and the marine environment in 
these navigable waters before, during, and after a fireworks display. 
No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Marine Safety Unit Pittsburgh. Persons and vessels seeking 
entry into this safety zone must request permission from the COTP or a 
designated representative. They may be contacted on VHF-FM Channel 16 
or by telephone at (412) 221-0807. Persons and vessels permitted to 
enter this safety zone must transit at their slowest safe speed and 
comply with all lawful instructions of the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement period for the safety zone as well as any 
changes in the schedule through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Broadcasts (MSIBs) as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs'') directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
    This regulatory action determination is based on the size, time, 
duration, and location of the safety zone. This safety zone encompasses 
a half-mile stretch of the Ohio River for only one hour and thirty 
minutes. Moreover, the Coast Guard will issue a BNMs via VHF-FM marine 
channel 16 about the zone, and the rule allows vessels to seek 
permission to enter 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.

[[Page 42030]]

    While some owners or operators of vessels intending to transit the 
temporary 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 an 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 only one hour and thirty minutes that will 
prohibit entry on a half-mile stretch of the Ohio River near a land-
based fireworks launching site. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T08-0743 to read as follows:


Sec.  165.T08-0743  Safety Zone; Ohio River Miles 0.0 to 0.5, 
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River, extending the entire width of the river, from 
mile marker (MM) 0.0 to MM 0.5, Pittsburgh, PA.
    (b) Effective period. This section is effective from 8:30 p.m. 
through 10 p.m. on August 23, 2018.
    (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. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Pittsburgh.
    (2) Persons and vessels seeking entry into this safety zone must 
request permission from the COTP or a designated representative. They 
may be contacted on VHF-FM Channel 16 or by telephone at (412) 221-
0807.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
instructions of the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement period for the 
safety zone as well as any changes in the schedule through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs), as appropriate.

    Dated: August 13, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-17854 Filed 8-17-18; 8:45 am]
BILLING CODE 9110-04-P



                                             42028             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                               Small businesses may send comments                    we do discuss the effects of this rule                   (b) Effective period. This section is
                                             on the actions of Federal employees                     elsewhere in this preamble.                           effective from 7:30 p.m. through 9 p.m.
                                             who enforce, or otherwise determine                                                                           on September 11, 2018.
                                                                                                     F. Environment
                                             compliance with, Federal regulations to                                                                          (c) Regulations. (1) In accordance with
                                             the Small Business and Agriculture                         We have analyzed this rule under                   the general regulations in § 165.23, entry
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       into this zone is prohibited unless
                                             and the Regional Small Business                         Directive 023–01 and Commandant                       authorized by the Captain of the Port
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                Marine Safety Unit Pittsburgh (COTP) or
                                             Ombudsman evaluates these actions                       Coast Guard in complying with the                     a designated representative. A
                                             annually and rates each agency’s                        National Environmental Policy Act of                  designated representative is a
                                             responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                 commissioned, warrant, or petty officer
                                             wish to comment on actions by                           determined that this action is one of a               of the U.S. Coast Guard assigned to
                                             employees of the Coast Guard, call 1–                   category of actions that do not                       units under the operational control of
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   USCG Marine Safety Unit Pittsburgh.
                                             Coast Guard will not retaliate against                  significant effect on the human                          (2) Persons and vessels seeking entry
                                             small entities that question or complain                environment. This rule involves a safety              into this safety zone must request
                                             about this rule or any policy or action                 zone lasting only one hour and thirty                 permission from the COTP or a
                                             of the Coast Guard.                                     minutes on one evening that will                      designated representative. They may be
                                                                                                     prohibit entry on less than one half mile             contacted on VHF–FM Channel 16 or by
                                             C. Collection of Information
                                                                                                     stretch of the Allegheny River near a                 telephone at (412) 221–0807.
                                               This rule will not call for a new                     barge-launched fireworks display. It is                  (3) Persons and vessels permitted to
                                             collection of information under the                     categorically excluded from further                   enter this safety zone must transit at
                                             Paperwork Reduction Act of 1995 (44                     review under paragraph L60(a) of                      their slowest safe speed and comply
                                             U.S.C. 3501–3520).                                      Appendix A, Table 1 of DHS Instruction                with all lawful instructions of the COTP
                                             D. Federalism and Indian Tribal                         Manual 023–01–001–01, Rev. 01. A                      or a designated representative.
                                             Governments                                             Record of Environmental Consideration                    (d) Informational broadcasts. The
                                                                                                     supporting this determination is                      COTP or a designated representative
                                                A rule has implications for federalism               available in the docket where indicated               will inform the public of the
                                             under Executive Order 13132,                            under ADDRESSES.                                      enforcement period for the safety zone
                                             Federalism, if it has a substantial direct                                                                    as well as any changes in the schedule
                                             effect on the States, on the relationship               G. Protest Activities
                                                                                                                                                           through Broadcast Notices to Mariners
                                             between the national government and                       The Coast Guard respects the First                  (BNMs), Local Notices to Mariners
                                             the States, or on the distribution of                   Amendment rights of protesters.                       (LNMs), and/or Marine Safety
                                             power and responsibilities among the                    Protesters are asked to contact the                   Information Bulletins (MSIBs) as
                                             various levels of government. We have                   person listed in the FOR FURTHER                      appropriate.
                                             analyzed this rule under that Order and                 INFORMATION CONTACT section to
                                             have determined that it is consistent                                                                           Dated: August 14, 2018.
                                                                                                     coordinate protest activities so that your
                                             with the fundamental federalism                                                                               A.W. Demo,
                                                                                                     message can be received without
                                             principles and preemption requirements                  jeopardizing the safety or security of                Commander, U.S. Coast Guard, Captain of
                                             described in Executive Order 13132.                                                                           the Port Marine Safety Unit Pittsburgh.
                                                                                                     people, places or vessels.
                                                Also, this rule does not have tribal                                                                       [FR Doc. 2018–17855 Filed 8–17–18; 8:45 am]
                                             implications under Executive Order                      List of Subjects in 33 CFR Part 165                   BILLING CODE 9110–04–P
                                             13175, Consultation and Coordination                      Harbors, Marine safety, Navigation
                                             with Indian Tribal Governments,                         (water), Reporting and recordkeeping
                                             because it does not have a substantial                  requirements, Security measures,                      DEPARTMENT OF HOMELAND
                                             direct effect on one or more Indian                     Waterways.                                            SECURITY
                                             tribes, on the relationship between the                   For the reasons discussed in the
                                             Federal Government and Indian tribes,                                                                         Coast Guard
                                                                                                     preamble, the Coast Guard amends 33
                                             or on the distribution of power and                     CFR part 165 as follows:
                                             responsibilities between the Federal                                                                          33 CFR Part 165
                                             Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION                         [Docket Number USCG–2018–0743]
                                             believe this rule has implications for                  AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                           RIN 1625–AA00
                                             federalism or Indian tribes, please
                                             contact the person listed in the FOR                    ■ 1. The authority citation for part 165
                                                                                                     continues to read as follows:                         Safety Zone; Ohio River Miles 0.0 to
                                             FURTHER INFORMATION CONTACT section                                                                           0.5, Pittsburgh, PA
                                             above.                                                    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;             AGENCY:    Coast Guard, DHS.
                                             E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation            ACTION:   Temporary final rule.
                                               The Unfunded Mandates Reform Act                      No. 0170.1.
                                             of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T08–0750 to read as                    SUMMARY:   The Coast Guard is
                                             Federal agencies to assess the effects of               follows:                                              establishing a temporary safety zone for
                                             their discretionary regulatory actions. In                                                                    all navigable waters of the Ohio River,
                                             particular, the Act addresses actions                                                                         extending the entire width of the river,
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                                                                                                     § 165.T08–0750 Safety Zone; Allegheny
                                             that may result in the expenditure by a                 River Miles 0.7 to 1.0, Pittsburgh, PA.               from mile marker (MM) 0.0 to MM 0.5.
                                             State, local, or tribal government, in the                (a) Location. The following area is a               This safety zone is necessary to protect
                                             aggregate, or by the private sector of                  safety zone: All navigable waters of the              persons, vessels, and the marine
                                             $100,000,000 (adjusted for inflation) or                Allegheny River, extending the entire                 environment from potential hazards
                                             more in any one year. Though this rule                  width of the river, from mile marker                  associated with a fireworks display.
                                             will not result in such an expenditure,                 (MM) 0.7 to MM 1.0.                                   Entry of persons or vessels into this


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                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                         42029

                                             zone is prohibited unless authorized by                 respond to the potential safety hazards               A. Regulatory Planning and Review
                                             the Captain of the Port Marine Safety                   associated with this fireworks display.
                                             Unit Pittsburgh or a designated                                                                                  Executive Orders 13563 (‘‘Improving
                                             representative.                                         III. Legal Authority and Need for Rule                Regulation and Regulatory Review’’)
                                                                                                                                                           and 12866 (‘‘Regulatory Planning and
                                             DATES: This rule is effective from 8:30                   The Coast Guard is issuing this rule                Review’’) direct agencies to assess the
                                             p.m. through 10 p.m. on August 23,                      under authority in 33 U.S.C. 1231. The                costs and benefits of available regulatory
                                             2018.                                                   Captain of the Port Marine Safety Unit                alternatives and, if regulation is
                                                                                                     Pittsburgh (COTP) has determined that                 necessary, to select regulatory
                                             ADDRESSES:   To view documents
                                                                                                     potential hazards associated with this                approaches that maximize net benefits
                                             mentioned in this preamble as being
                                             available in the docket, go to http://                  land-based fireworks display will be a                (including potential economic,
                                             www.regulations.gov, type USCG–2018–                    safety hazard for anyone on the adjacent              environmental, public health and safety
                                             0743 in the ‘‘SEARCH’’ box and click                    waterway within a half-mile stretch of                effects, distributive impacts, and
                                             ‘‘SEARCH.’’ Click on Open Docket                        the Ohio River. The rule is necessary to              equity). Executive Order 13563
                                             Folder on the line associated with this                 protect persons, vessels, and the marine              emphasizes the importance of
                                             rule.                                                   environment on the navigable waters                   quantifying both costs and benefits, of
                                                                                                     within the safety zone before, during,                reducing costs, of harmonizing rules,
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     and after the fireworks.                              and of promoting flexibility. Executive
                                             you have questions on this rule, call or
                                             email Petty Officer Jennifer Haggins,                   IV. Discussion of the Rule                            Order 13771 (‘‘Reducing Regulation and
                                             Marine Safety Unit Pittsburgh, U.S.                                                                           Controlling Regulatory Costs’’) directs
                                             Coast Guard; telephone 412–221–0807,                       This rule establishes a temporary                  agencies to reduce regulation and
                                             email Jennifer.L.Haggins@uscg.mil.                      safety zone from 8:30 p.m. through 10                 control regulatory costs and provides
                                                                                                     p.m. on August 23, 2018. The safety                   that ‘‘for every one new regulation
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     zone will cover all navigable waters of               issued, at least two prior regulations be
                                             I. Table of Abbreviations                               the Ohio River, extending the entire                  identified for elimination, and that the
                                                                                                     width of the river, from mile marker                  cost of planned regulations be prudently
                                             CFR Code of Federal Regulations
                                             COTP Captain of the Port Marine Safety                  (MM) 0.0 to MM 0.5. The duration of the               managed and controlled through a
                                               Unit Pittsburgh                                       zone is intended to protect persons,                  budgeting process.’’
                                             DHS Department of Homeland Security                     vessels, and the marine environment in                   The Office of Management and Budget
                                             FR Federal Register                                     these navigable waters before, during,                (OMB) has not designated this rule a
                                             MM Mile marker                                          and after a fireworks display. No vessel              ‘‘significant regulatory action,’’ under
                                             NPRM Notice of proposed rulemaking                      or person is permitted to enter the safety            section 3(f) of Executive Order 12866.
                                             § Section
                                                                                                     zone without obtaining permission from                Accordingly, OMB has not reviewed it.
                                             U.S.C. United States Code
                                                                                                     the COTP or a designated                              As this rule is not a significant
                                             II. Background Information and                          representative. A designated                          regulatory action, this rule is exempt
                                             Regulatory History                                      representative is a commissioned,                     from the requirements of Executive
                                                The Coast Guard is issuing this                      warrant, or petty officer of the U.S.                 Order 13771. See OMB’s Memorandum
                                             temporary rule without prior notice and                 Coast Guard assigned to units under the               ‘‘Guidance Implementing Executive
                                             opportunity to comment pursuant to                      operational control of USCG Marine                    Order 13771, Titled ‘Reducing
                                             authority under section 4(a) of the                     Safety Unit Pittsburgh. Persons and                   Regulation and Controlling Regulatory
                                             Administrative Procedure Act (APA) (5                   vessels seeking entry into this safety                Costs’ ’’ (April 5, 2017).
                                             U.S.C. 553(b)). This provision                          zone must request permission from the                    This regulatory action determination
                                             authorizes an agency to issue a rule                    COTP or a designated representative.                  is based on the size, time, duration, and
                                             without prior notice and opportunity to                 They may be contacted on VHF–FM                       location of the safety zone. This safety
                                             comment when the agency for good                        Channel 16 or by telephone at (412)                   zone encompasses a half-mile stretch of
                                             cause finds that those procedures are                   221–0807. Persons and vessels                         the Ohio River for only one hour and
                                             ‘‘impracticable, unnecessary, or contrary               permitted to enter this safety zone must              thirty minutes. Moreover, the Coast
                                             to the public interest.’’ Under 5 U.S.C.                transit at their slowest safe speed and               Guard will issue a BNMs via VHF–FM
                                             553(b)(3)(B), the Coast Guard finds that                comply with all lawful instructions of                marine channel 16 about the zone, and
                                             good cause exists for not publishing a                  the COTP or a designated                              the rule allows vessels to seek
                                             notice of proposed rulemaking (NPRM)                    representative. The COTP or a                         permission to enter the zone.
                                             with respect to this rule because it is                 designated representative will inform
                                                                                                     the public of the enforcement period for              B. Impact on Small Entities
                                             impracticable. This safety zone must be
                                             established by August 23, 2018, and we                  the safety zone as well as any changes                   The Regulatory Flexibility Act of
                                             lack sufficient time to provide a                       in the schedule through Broadcast                     1980, 5 U.S.C. 601–612, as amended,
                                             reasonable comment period and then                      Notices to Mariners (BNMs), Local                     requires Federal agencies to consider
                                             consider those comments before issuing                  Notices to Mariners (LNMs), and/or                    the potential impact of regulations on
                                             this rule. The NPRM process would                       Marine Safety Information Broadcasts                  small entities during rulemaking. The
                                             delay the establishment of the safety                   (MSIBs) as appropriate.                               term ‘‘small entities’’ comprises small
                                             zone until after the date of the fireworks              V. Regulatory Analyses                                businesses, not-for-profit organizations
                                             display and compromise public safety.                                                                         that are independently owned and
                                                Under 5 U.S.C. 553(d)(3), the Coast                    We developed this rule after                        operated and are not dominant in their
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                                             Guard finds that good cause exists for                  considering numerous statutes and                     fields, and governmental jurisdictions
                                             making this rule effective less than 30                 Executive orders related to rulemaking.               with populations of less than 50,000.
                                             days after publication in the Federal                   Below we summarize our analyses                       The Coast Guard certifies under 5 U.S.C.
                                             Register. Delaying this rule would be                   based on a number of these statutes and               605(b) that this rule will not have a
                                             contrary to the public interest because                 Executive orders, and we discuss First                significant economic impact on a
                                             immediate action is necessary to                        Amendment rights of protestors.                       substantial number of small entities.


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                                             42030             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                                While some owners or operators of                    Government and Indian tribes. If you                  PART 165—REGULATED NAVIGATION
                                             vessels intending to transit the                        believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                             temporary safety zone may be small                      federalism or Indian tribes, please
                                             entities, for the reasons stated in section             contact the person listed in the FOR                  ■ 1. The authority citation for part 165
                                             V.A above, this rule will not have a                    FURTHER INFORMATION CONTACT section                   continues to read as follows:
                                             significant economic impact on any                      above.
                                             vessel owner or operator.                                                                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Business Regulatory Enforcement                                                                               Department of Homeland Security Delegation
                                                                                                       The Unfunded Mandates Reform Act                    No. 0170.1.
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
                                             we want to assist small entities in                     Federal agencies to assess the effects of             ■ 2. Add § 165.T08–0743 to read as
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                             would affect your small business,                                                                             follows:
                                                                                                     particular, the Act addresses actions
                                             organization, or governmental                           that may result in the expenditure by a               § 165.T08–0743 Safety Zone; Ohio River
                                             jurisdiction and you have questions                     State, local, or tribal government, in the            Miles 0.0 to 0.5, Pittsburgh, PA.
                                             concerning its provisions or options for                aggregate, or by the private sector of
                                             compliance, please contact the person                                                                           (a) Location. The following area is a
                                                                                                     $100,000,000 (adjusted for inflation) or              safety zone: All navigable waters of the
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                             CONTACT section.                                                                                              Ohio River, extending the entire width
                                                                                                     will not result in such an expenditure,
                                                Small businesses may send comments                                                                         of the river, from mile marker (MM) 0.0
                                                                                                     we do discuss the effects of this rule
                                             on the actions of Federal employees                                                                           to MM 0.5, Pittsburgh, PA.
                                                                                                     elsewhere in this preamble.
                                             who enforce, or otherwise determine                                                                              (b) Effective period. This section is
                                             compliance with, Federal regulations to                 F. Environment                                        effective from 8:30 p.m. through 10 p.m.
                                             the Small Business and Agriculture                                                                            on August 23, 2018.
                                             Regulatory Enforcement Ombudsman                           We have analyzed this rule under
                                             and the Regional Small Business                         Department of Homeland Security                          (c) Regulations. (1) In accordance with
                                             Regulatory Fairness Boards. The                         Directive 023–01 and Commandant                       the general regulations in § 165.23, entry
                                             Ombudsman evaluates these actions                       Instruction M16475.1D, which guide the                into this zone is prohibited unless
                                             annually and rates each agency’s                        Coast Guard in complying with the                     authorized by the Captain of the Port
                                             responsiveness to small business. If you                National Environmental Policy Act of                  Marine Safety Unit Pittsburgh (COTP) or
                                             wish to comment on actions by                           1969 (42 U.S.C. 4321–4370f), and have                 a designated representative. A
                                             employees of the Coast Guard, call 1–                   determined that this action is one of a               designated representative is a
                                             888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       commissioned, warrant, or petty officer
                                             Coast Guard will not retaliate against                  individually or cumulatively have a                   of the U.S. Coast Guard assigned to
                                             small entities that question or complain                significant effect on the human                       units under the operational control of
                                             about this rule or any policy or action                 environment. This rule involves a safety              USCG Marine Safety Unit Pittsburgh.
                                             of the Coast Guard.                                     zone lasting only one hour and thirty
                                                                                                     minutes that will prohibit entry on a                    (2) Persons and vessels seeking entry
                                             C. Collection of Information                            half-mile stretch of the Ohio River near              into this safety zone must request
                                               This rule will not call for a new                     a land-based fireworks launching site. It             permission from the COTP or a
                                             collection of information under the                     is categorically excluded from further                designated representative. They may be
                                             Paperwork Reduction Act of 1995 (44                     review under paragraph L60(a) of                      contacted on VHF–FM Channel 16 or by
                                             U.S.C. 3501–3520).                                      Appendix A, Table 1 of DHS Instruction                telephone at (412) 221–0807.
                                                                                                     Manual 023–01–001–01, Rev. 01. A                         (3) Persons and vessels permitted to
                                             D. Federalism and Indian Tribal                         Record of Environmental Consideration
                                             Governments                                                                                                   enter this safety zone must transit at
                                                                                                     supporting this determination is                      their slowest safe speed and comply
                                                A rule has implications for federalism               available in the docket where indicated               with all lawful instructions of the COTP
                                             under Executive Order 13132,                            under ADDRESSES.
                                                                                                                                                           or a designated representative.
                                             Federalism, if it has a substantial direct
                                             effect on the States, on the relationship               G. Protest Activities                                    (d) Informational broadcasts. The
                                             between the national government and                       The Coast Guard respects the First                  COTP or a designated representative
                                             the States, or on the distribution of                   Amendment rights of protesters.                       will inform the public of the
                                             power and responsibilities among the                    Protesters are asked to contact the                   enforcement period for the safety zone
                                             various levels of government. We have                   person listed in the FOR FURTHER                      as well as any changes in the schedule
                                             analyzed this rule under that Order and                 INFORMATION CONTACT section to                        through Broadcast Notices to Mariners
                                             have determined that it is consistent                   coordinate protest activities so that your            (BNMs), Local Notices to Mariners
                                             with the fundamental federalism                         message can be received without                       (LNMs), and/or Marine Safety
                                             principles and preemption requirements                  jeopardizing the safety or security of                Information Bulletins (MSIBs), as
                                             described in Executive Order 13132.                     people, places or vessels.                            appropriate.
                                                Also, this rule does not have tribal
                                             implications under Executive Order                      List of Subjects in 33 CFR Part 165                     Dated: August 13, 2018.
                                             13175, Consultation and Coordination                                                                          A.W. Demo,
                                                                                                       Harbors, Marine safety, Navigation
                                             with Indian Tribal Governments,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           Commander, U.S. Coast Guard, Captain of
                                                                                                     (water), Reporting and recordkeeping
                                             because it does not have a substantial                                                                        the Port Marine Safety Unit Pittsburgh.
                                                                                                     requirements, Security measures,
                                             direct effect on one or more Indian                                                                           [FR Doc. 2018–17854 Filed 8–17–18; 8:45 am]
                                                                                                     Waterways.
                                             tribes, on the relationship between the                                                                       BILLING CODE 9110–04–P
                                             Federal Government and Indian tribes,                     For the reasons discussed in the
                                             or on the distribution of power and                     preamble, the Coast Guard amends 33
                                             responsibilities between the Federal                    CFR part 165 as follows:


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Document Created: 2018-08-18 01:28:53
Document Modified: 2018-08-18 01:28:53
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 p.m. on August 23, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation83 FR 42028 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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