Safety Zone; Allegheny River Mile 0-0.5, Monongahela River Mile 0-0.5, Ohio River Mile 0-0.5, Pittsburgh, PA, 41815-41817 [2016-15239]
Download as PDF
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
Delaware River, adjacent to Penn’s
Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on
the south by a line running east to west
from points along the shoreline at
latitude 39°56′31.2″ N, longitude
075°08′28.1″ W; thence to latitude
39°56′29″.1 N, longitude 075°07′56.5″
W, and bounded on the north by the
Benjamin Franklin Bridge.
As specified in § 165.506, during the
enforcement period no vessel may
transit this safety zone without approval
from the Captain of the Port Delaware
Bay (COTP). If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.506 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advanced
notification of this enforcement period
via Broadcast Notice to Mariners (BNM).
If the COTP, Delaware Bay, determines
that the regulated area need not be
enforced for the full duration, a BNM to
grant general permission to enter the
safety zone will be used.
Dated: June 14, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2016–15032 Filed 6–27–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0538]
RIN 1625–AA00
Safety Zone; Allegheny River Mile 0–
0.5, Monongahela River Mile 0–0.5,
Ohio River Mile 0–0.5, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Allegheny River,
Monongahela River, and Ohio River
from mile 0.0–0.5 on each of the three
rivers. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created from a barge-based
fireworks display. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Pittsburgh.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:05 Jun 27, 2016
Jkt 238001
This rule is effective on July 9,
2016 from 8:30 p.m. until 10:30 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0538 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Jennifer Haggins, Marine
Safety Unit Pittsburgh, U.S. Coast
Guard, at telephone 412–221–0807,
email Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard received notice on June 8,
2016 that this fireworks display would
take place. After receiving and fully
reviewing the event information,
circumstances, and exact location, the
Coast Guard determined that a safety
zone is necessary to protect personnel,
vessels, and the marine environment
from potential hazards created from a
barge-based fireworks display on the
navigable waterway. It would be
impracticable to complete the full
NPRM process for this safety zone
because it needs to be established by
July 9, 2016. The fireworks display has
been advertised and the local
community has prepared for the event.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying this rule would be contrary to
public interest of ensuring the safety of
spectators and vessels during the event.
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
41815
Immediate action is necessary to
prevent possible loss of life and
property during the hazards created by
a barge-based 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 Pittsburgh (COTP)
has determined that a safety zone is
needed on July 9, 2016. This rule is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created from a bargebased fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone on
July 9, 2016 from 8:30 p.m. until 10:30
p.m. The safety zone will cover all
navigable waters on the Allegheny
River, Monongahela River, and Ohio
River from mile 0.0–0.5 on each of the
three rivers. The duration of the safety
zone is intended to protect personnel,
vessels, and the marine environment
from potential hazards created from a
barge-based firework display. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. This safety
zone impacts a small portion of the
waterway on each of the three rivers 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 botices to mariners
E:\FR\FM\28JNR1.SGM
28JNR1
41816
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
via VHF–FM marine channel 16 about
the zone and the rule allows vessels to
seek permission to transit the zone.
asabaliauskas on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
16:05 Jun 27, 2016
Jkt 238001
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 to the Allegheny River,
Monongahela River, and Ohio River
from mile 0.0–0.5 on each of the three
rivers, during the barge-based firework
event. It is categorically excluded from
further review under paragraph 34 (g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T08–0538 to read as
follows:
■
§ 165.T08–0538 Safety Zone, Allegheny
River, Monongahela River, and Ohio River,
Pittsburgh, PA.
(a) Location. The following area is a
safety zone: Allegheny River,
Monongahela River, and Ohio River
from mile 0.0–0.5 on each of the three
rivers.
(b) Enforcement. This rule will be
enforced, from 8:30 p.m. until 10:30
p.m. on July 9, 2016.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Pittsburgh or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Pittsburgh or a designated
representative. The Captain of the
Pittsburgh representative may be
contacted at 412–221–0807.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh or their
designated representative. Designated
Captain of the Port representatives
include United States Coast Guard
commissioned, warrant, and petty
officers.
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
(d) Information Broadcasts. The
Captain of the Port Pittsburgh 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.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2016–15239 Filed 6–27–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
RIN 2135–40
Civil Penalties
Saint Lawrence Seaway
Development Corporation (SLSDC),
Department of Transportation (DOT).
ACTION: Interim final rule.
AGENCY:
This interim final rule
updates the maximum civil penalty
amounts for violations of statutes and
regulations administered by SLSDC
pursuant to the Federal Civil Penalties
Inflation Adjustment Improvement Act
of 2015. This final rule amends our
regulations to reflect the new civil
penalty amounts for violations of the
Seaway Regulations and Rules under
the authority of the Ports and
Waterways Safety Act of 1972, as
amended (PWSA).
DATES: Effective date: This rule is
effective July 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Carrie Lavigne, Chief Counsel, SLSDC,
telephone (315) 764–3231, 180 Andrews
Street, Massena, NY 13362.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
I. Background
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment
Improvement Act (the 2015 Act), Public
Law 114–74, Section 701, was signed
into law. The purpose of the 2015 Act
is to improve the effectiveness of civil
monetary penalties and to maintain
their deterrent effect. The 2015 Act
requires agencies to make an initial
catch up adjustment to the civil
monetary penalties they administer
through an interim final rule and then
to make subsequent annual adjustments
for inflation. The amount of increase of
any adjustment to a civil penalty
pursuant to the 2015 Act is limited to
150 percent of the current penalty.
VerDate Sep<11>2014
16:05 Jun 27, 2016
Jkt 238001
Agencies are required to issue the
interim final rule with the initial catch
up adjustment by July 1, 2016.
The method of calculating
inflationary adjustments in the 2015 Act
differs substantially from the methods
used in past inflationary adjustment
rulemakings conducted pursuant to the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act), Public Law 101–410.
Previously, adjustments to civil
penalties were conducted under rules
that required significant rounding of
figures. For example, a penalty increase
that was greater than $1,000, but less
than or equal to $10,000, would be
rounded to the nearest multiple of
$1,000. While this allowed penalties to
be kept at round numbers, it meant that
penalties would often not be increased
at all if the inflation factor was not large
enough. Furthermore, increases to
penalties were capped at 10 percent.
Over time, this formula caused penalties
to lose value relative to total inflation.
The 2015 Act has removed these
rounding rules; now, penalties are
simply rounded to the nearest $1. While
this creates penalty values that are no
longer round numbers, it does ensure
that penalties will be increased each
year to a figure commensurate with the
actual calculated inflation. Furthermore,
the 2015 Act ‘‘resets’’ the inflation
calculations by excluding prior
inflationary adjustments under the
Inflation Adjustment Act, which
contributed to a decline in the real value
of penalty levels. To do this, the 2015
Act requires agencies to identify, for
each penalty, the year and
corresponding amount(s) for which the
maximum penalty level or range of
minimum and maximum penalties was
established (i.e., originally enacted by
Congress) or last adjusted by statute or
regulation other than pursuant to the
Inflation Adjustment Act.
The Director of the Office of
Management and Budget (OMB)
provided guidance to agencies in a
February 24, 2016 memorandum on
how to calculate the initial adjustment
required by the 2015 Act.1 The initial
catch up adjustment is based on the
change between the Consumer Price
Index for all Urban Consumers (CPI–U)
for the month of October in the year the
penalty amount was established or last
adjusted by Congress and the October
2015 CPI–U. The February 24, 2016
1 Memorandum from the Director of OMB to
Heads of Executive Departments and Agencies,
Implementation of the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015
(Feb. 24, 2016), available at www.whitehouse.gov/
sites/default/files/omb/memoranda/2016/m-1606.pdf.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
41817
memorandum contains a table with a
multiplier for the change in CPI–U from
the year the penalty was established or
last adjusted to 2015. To arrive at the
adjusted penalty the agency must
multiply the penalty amount when it
was established or last adjusted by
Congress, excluding adjustments under
the Inflation Adjustment Act, by the
multiplier for the increase in CPI–U
from the year the penalty was
established or adjusted provided in the
February 24, 2016 memorandum. The
2015 Act limits the initial inflationary
adjustment to 150 percent of the current
penalty. To determine whether the
increase in the adjusted penalty is less
than 150 percent, the agency must
multiply the current penalty by 250
percent. The adjusted penalty is the
lesser of either the adjusted penalty
based on the multiplier for CPI–U in
Table A of the February 24, 2016
memorandum or an amount equal to
250 percent of the current penalty. This
interim final rule adjusts the civil
penalties for violations of statutes and
regulations that SLSDC administers
consistent with the February 24, 2016
memorandum.
II. Inflationary Adjustments to Penalty
Amounts in 33 CFR Part 401
The Ports and Waterways Act of 1972,
as amended by the Ports and Tanker
Safety Act, Public Law 95–474, sec. 2,
Oct. 17, 1978, 92 Stat. 1471 (1978),
established a maximum civil penalty of
$25,000 for each violation of the Seaway
Rules and Regulations at 33 CFR part
401. This civil penalty has not been
updated since it was established, except
for inflationary adjustments pursuant to
the Inflation Adjustment Act of 1990.
Applying the multiplier for the increase
in CPI–U for 1978 in Table A of the
February 24, 2016 memorandum
(3.54453) results in an adjusted civil
penalty of $88,613, which is below the
150 percent cap Accordingly, paragraph
(a) of § 401.102 is being amended to
change the amount of the penalty to
$88,613.
Public Comment
SLSDC is promulgating this interim
final rule to ensure that the civil
penalties amount contained in 33 CFR
401.102 reflects the statutorily
mandated ranges as adjusted for
inflation. Pursuant to the 2015 Act,
SLSDC is required to promulgate a
‘‘catch-up adjustment’’ through an
interim final rule. Pursuant to the 2015
Act and 5 U.S.C. 553(b)(3)(B), SLSDC
finds that good cause exists for
immediate implementation of this
interim final rule without prior notice
and comment because it would be
E:\FR\FM\28JNR1.SGM
28JNR1
Agencies
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41815-41817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15239]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0538]
RIN 1625-AA00
Safety Zone; Allegheny River Mile 0-0.5, Monongahela River Mile
0-0.5, Ohio River Mile 0-0.5, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Allegheny River, Monongahela River, and Ohio
River from mile 0.0-0.5 on each of the three rivers. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created from a barge-based fireworks display. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Pittsburgh.
DATES: This rule is effective on July 9, 2016 from 8:30 p.m. until
10:30 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0538 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh,
U.S. Coast Guard, at telephone 412-221-0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard received notice on
June 8, 2016 that this fireworks display would take place. After
receiving and fully reviewing the event information, circumstances, and
exact location, the Coast Guard determined that a safety zone is
necessary to protect personnel, vessels, and the marine environment
from potential hazards created from a barge-based fireworks display on
the navigable waterway. It would be impracticable to complete the full
NPRM process for this safety zone because it needs to be established by
July 9, 2016. The fireworks display has been advertised and the local
community has prepared for the event.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying this rule
would be contrary to public interest of ensuring the safety of
spectators and vessels during the event. Immediate action is necessary
to prevent possible loss of life and property during the hazards
created by a barge-based fireworks display.
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 July 9, 2016. This rule is needed to protect
personnel, vessels, and the marine environment from potential hazards
created from a barge-based fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone on July 9, 2016 from 8:30 p.m.
until 10:30 p.m. The safety zone will cover all navigable waters on the
Allegheny River, Monongahela River, and Ohio River from mile 0.0-0.5 on
each of the three rivers. The duration of the safety zone is intended
to protect personnel, vessels, and the marine environment from
potential hazards created from a barge-based firework display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts a
small portion of the waterway on each of the three rivers 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 botices to mariners
[[Page 41816]]
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
to the Allegheny River, Monongahela River, and Ohio River from mile
0.0-0.5 on each of the three rivers, during the barge-based firework
event. It is categorically excluded from further review under paragraph
34 (g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0538 to read as follows:
Sec. 165.T08-0538 Safety Zone, Allegheny River, Monongahela River,
and Ohio River, Pittsburgh, PA.
(a) Location. The following area is a safety zone: Allegheny River,
Monongahela River, and Ohio River from mile 0.0-0.5 on each of the
three rivers.
(b) Enforcement. This rule will be enforced, from 8:30 p.m. until
10:30 p.m. on July 9, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Pittsburgh or
a designated representative. The Captain of the Pittsburgh
representative may be contacted at 412-221-0807.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh or their designated representative.
Designated Captain of the Port representatives include United States
Coast Guard commissioned, warrant, and petty officers.
[[Page 41817]]
(d) Information Broadcasts. The Captain of the Port Pittsburgh 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.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-15239 Filed 6-27-16; 8:45 am]
BILLING CODE 9110-04-P