Safety Zone; Temporary Change to Date and Location for Recurring Pittsburgh Steelers Fireworks Display Within the Eighth Coast Guard District, Pittsburgh, PA, 66813-66815 [2016-23522]

Download as PDF Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0895] RIN 1625–AA00 Safety Zone; Temporary Change to Date and Location for Recurring Pittsburgh Steelers Fireworks Display Within the Eighth Coast Guard District, Pittsburgh, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is temporarily changing the enforcement period and location for a recurring fireworks display within the Eighth Coast Guard District. This regulation applies to only one recurring fireworks display event that takes place in Pittsburgh, PA. This action is intended to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based fireworks display. DATES: In § 165.801, the first table to § 165.801, entry 67 is effective from September 29, 2016 through February 28, 2017. In § 165.801, the first table to § 165.801, entry 59 is suspended from September 29, 2016 through February 28, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2016– 0895 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: SUMMARY: I. Table of Abbreviations mstockstill on DSK3G9T082PROD with RULES CFR Code of Federal Regulations 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 VerDate Sep<11>2014 22:57 Sep 28, 2016 Jkt 238001 66813 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 fireworks displays on or over the navigable waterway poses safety concerns for waterway users. In this case, the Coast Guard published an NPRM entitled, ‘‘Sector Ohio Valley Annual and Recurring Safety Zones Update’’ in which it proposed to amend and update its safety zones listed in 33 CFR 165.801, the first table to § 165.801 relating to recurring fireworks shows and other events within the Coast Guard Sector Ohio Valley area of responsibility. The NPRM published on March 7, 2016 (81 FR 11706), and no comments were received. A final rule was published, entitled, ‘‘Sector Ohio Valley Annual and Recurring Safety Zones Update’’ on June 14, 2016 finalizing the recurring safety zones listed in 33 CFR 165.801, the first table to § 165.801 (81 FR 38595). On August 25, 2016, the Coast Guard discovered the safety zone listed in 33 CFR 165.801, the first table to § 165.801, entry 59 for the Pittsburgh Steelers Fireworks, Pittsburgh, PA has been changed to extend through February 2017, instead of January 2017, and the location has been changed from Ohio River, Mile 0.3-Allegheny River, Mile 0.2 to Allegheny River mile 0.0–0.25, Ohio River mile 0.0–0.3 and Monongahela River mile 0.0–0.1. After receiving and fully reviewing the event information, circumstances, and exact location, the Coast Guard determined that it is impracticable to publish an NPRM for the date and location changes because we must establish this safety zone on the date of publication of this rule. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule is contrary to the public interest as immediate action is necessary to prevent possible loss of life and property during the hazards created by a barge-based fireworks display near and over the navigable waterway. and the marine environment from potential hazards created from a bargebased fireworks display. For the 2016– 2017 Pittsburgh Steelers football season, the Coast Guard will temporarily suspend the regulation listed in 33 CFR 165.801, the first table to § 165.801, entry 59. Instead, by this rule, the Coast Guard will create a separate temporary rule in § 165.801, the first table to § 165.801, entry 67 in order to reflect the correct dates and locations for the 2016– 2017 Pittsburgh Steelers’ football season fireworks display events. This change is needed to accommodate the change in date and location of Pittsburgh Steelers Fireworks. No other portion of the § 165.801, the first table to § 165.801or other provisions in § 165.801 are affected by this regulation. 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 to protect personnel, vessels, 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 IV. Discussion of the Rule The Coast Guard is temporarily suspending the regulation listed in 33 CFR 165.801, the first table to § 165.801, entry 59 and adding temporary regulation in Table to § 165.801, entry 67 in order to reflect the correct dates and locations for this year’s events. This change is needed to accommodate the change in date and location of Pittsburgh Steelers Fireworks. No other portion of the first table to § 165.801 or other provisions in § 165.801 shall be affected by this regulation. Entry 59 establishes the safety zone on Sunday, Monday, or Thursday from September through January at Ohio River, Mile 0.3Allegheny River, Mile 0.2 (Pennsylvania). This regulation temporarily changes the enforcement period from September through January to August through February, and the location from Ohio River, Mile 0.3-Allegheny River, Mile 0.2 (Pennsylvania) to Allegheny River mile 0.0–0.25, Ohio River mile 0.0–0.1, Monongahela River mile 0.0–0.1. The duration of the safety zone is intended to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based firework display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. In addition to notice in the Federal Register, the maritime community will be provided advance notification via the Local Notice to Mariners, and marine information broadcasts. E:\FR\FM\29SER1.SGM 29SER1 66814 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations Executive orders, and we discuss First Amendment rights of protestors. mstockstill on DSK3G9T082PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, and duration of the safety zone. This safety zone impacts a small portion of the waterway for a limited duration of less than two hours in the evening. Vessel traffic will be informed about the safety zone through local notices to mariners. Moreover, the Coast Guard will issue broadcast notices to mariners via VHF– FM marine channel 16 about the zone and the rule allows vessels to seek permission to transit the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. VerDate Sep<11>2014 22:57 Sep 28, 2016 Jkt 238001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 less then two hours that will prohibit entry to the Allegheny River mile 0.0–0.25, Ohio River mile 0.0–0.1, Monongahela River mile 0.0– 0.1 during the barge-based firework event. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 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. In § 165.801, in the first table: a. From September 29, 2016 through February 28, 2017, suspend entry ‘‘59’’. ■ b. From September 29, 2016 through February 28, 2017, add entry ‘‘67’’. ■ ■ E:\FR\FM\29SER1.SGM 29SER1 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations § 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones. The addition reads as follows: * Date * * * * * * Pittsburgh Steelers/Pittsburgh Steelers Fireworks. * Pittsburgh, PA .. * * * Allegheny River mile 0.0–0.25, Ohio River mile 0.0–0.3 and Monongahela River mile 0.0–0.1. * BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AP57 Repayment by VA of Educational Loans for Certain Psychiatrists Department of Veterans Affairs. Final rule. AGENCY: The Department of Veterans Affairs (VA) is adding to its medical regulations a program for the repayment of educational loans for certain psychiatrists who agree to a period of obligated service with VA. This program is intended to increase the pool of qualified VA psychiatrists and increase veterans’ access to mental health care. DATES: Effective Date: This rule is effective on September 29, 2016, except for § 17.644 which contains information collection requirements that have not been approved by OMB. VA will publish a document in the Federal Register announcing the effective date. FOR FURTHER INFORMATION CONTACT: Crystal Cruz, Deputy Director, Healthcare Talent Management (10A2A4), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (405) 552–4346. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Public Law 114–2, the Clay Hunt Suicide Prevention for American Veterans Act (Clay Hunt SAV Act), was enacted on February 12, 2015. Section 4 of this Act establishes a pilot program for the repayment of educational loans for certain psychiatrists seeking employment in VA, which will be referred to as the Program for the SUMMARY: mstockstill on DSK3G9T082PROD with RULES * Safety zone [FR Doc. 2016–23522 Filed 9–28–16; 8:45 am] VerDate Sep<11>2014 * Location L. Mcclain, Jr., Commander, U.S. Coast Guard, Captain of the Port Pittsburgh. ACTION: * Sponsor/name * 67. Sunday, Monday or Thursday from August through February. * 66815 22:57 Sep 28, 2016 Jkt 238001 Repayment of Educational Loans (PREL) in this rulemaking. VA is in need of qualified psychiatrists to treat veterans who suffer from mental health disorders. This rulemaking is intended to increase the pool of qualified mental health specialists and, in turn, increase veterans’ access to needed mental health care. The Clay Hunt SAV Act authorizes VA to repay educational loans to physicians who pursued a program of study leading to a certification in psychiatry. In order to assure that applicants are committed to VA employment, the statute provides that an individual who is participating in any other program of the Federal Government that repays educational loans is not eligible for the PREL. The Clay Hunt SAV Act also states that an individual who breaches his or her period of obligated service is liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual, reduced by the proportion of the number of days of the total obligation that the individual has already served. Under the Clay Hunt SAV Act, the PREL may continue for three years after the effective date of this rulemaking. The purpose of section 4 of the Clay Hunt SAV Act is substantively similar to the purpose of the statutory authority for the Educational Debt Reduction Program (EDRP), which is codified at 38 U.S.C. 7681, and section 4 of the Clay Hunt SAV Act appears as a Note to section 7681. Both programs are designed to assist VA in the recruitment and retention of qualified health care professionals and the repayment of educational loans to such individuals. VA did not promulgate regulations for the EDRP because there is no statutory requirement to establish regulations for an employee retention program. 5 U.S.C. 553(a)(2). However, subsection (h) of section 4 of the Clay Hunt SAV Act specifically requires VA to prescribe regulations to carry out the program. We have designed the regulations for the PREL in the Clay Hunt SAV Act to be as similar as possible to the VA policies PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 for the EDRP except in specific identified circumstances unique to the PREL as stated in this rulemaking. Similarities between these two programs will facilitate their administration by VA. We are adding a new center heading immediately after § 17.636 to read, ‘‘Program for Repayment of Educational Loans for Certain VA Psychiatrists,’’ and to add new §§ 17.640 through 17.647. 17.640 Purpose New § 17.640 is the purpose section for the PREL. This section states that §§ 17.640 through 17.647 establish the requirements for the PREL ‘‘obtained by physician residents pursuing a certification in psychiatry.’’ 17.641 Definitions New § 17.641 is the definitions section applicable to §§ 17.640 through 17.647. The definitions are in alphabetical order in accordance with current writing convention. We are defining the term ‘‘acceptance of conditions’’ to mean ‘‘a signed document between VA and a participant of the PREL, in which the participant must agree to a period of obligated service, to maintain an acceptable level of performance determined by supervisory review in the position to which VA appoints the participant, terms and amount of payment, and to relocate, if required, to a location determined by VA at the participant’s expense in exchange for educational loan repayments under the PREL.’’ The participant in the PREL is required to agree to all of the terms and conditions in the acceptance of conditions. The acceptance of conditions is consistent with the acceptance of conditions for the EDRP, with the added requirement of a mobility agreement. This additional requirement alerts the participant to the possibility of relocating to a geographical area that is not in the vicinity of the participant’s residence and that such relocation is at the participant’s expense. The requirement for relocation allows VA to better address employment needs for E:\FR\FM\29SER1.SGM 29SER1

Agencies

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66813-66815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23522]



[[Page 66813]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0895]
RIN 1625-AA00


Safety Zone; Temporary Change to Date and Location for Recurring 
Pittsburgh Steelers Fireworks Display Within the Eighth Coast Guard 
District, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement period 
and location for a recurring fireworks display within the Eighth Coast 
Guard District. This regulation applies to only one recurring fireworks 
display event that takes place in Pittsburgh, PA. This action is 
intended to protect personnel, vessels, and the marine environment from 
potential hazards created from a barge-based fireworks display.

DATES: In Sec.  165.801, the first table to Sec.  165.801, entry 67 is 
effective from September 29, 2016 through February 28, 2017. In Sec.  
165.801, the first table to Sec.  165.801, entry 59 is suspended from 
September 29, 2016 through February 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0895 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
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 fireworks displays on or over the 
navigable waterway poses safety concerns for waterway users. In this 
case, the Coast Guard published an NPRM entitled, ``Sector Ohio Valley 
Annual and Recurring Safety Zones Update'' in which it proposed to 
amend and update its safety zones listed in 33 CFR 165.801, the first 
table to Sec.  165.801 relating to recurring fireworks shows and other 
events within the Coast Guard Sector Ohio Valley area of 
responsibility. The NPRM published on March 7, 2016 (81 FR 11706), and 
no comments were received. A final rule was published, entitled, 
``Sector Ohio Valley Annual and Recurring Safety Zones Update'' on June 
14, 2016 finalizing the recurring safety zones listed in 33 CFR 
165.801, the first table to Sec.  165.801 (81 FR 38595).
    On August 25, 2016, the Coast Guard discovered the safety zone 
listed in 33 CFR 165.801, the first table to Sec.  165.801, entry 59 
for the Pittsburgh Steelers Fireworks, Pittsburgh, PA has been changed 
to extend through February 2017, instead of January 2017, and the 
location has been changed from Ohio River, Mile 0.3-Allegheny River, 
Mile 0.2 to Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.3 and 
Monongahela River mile 0.0-0.1.
    After receiving and fully reviewing the event information, 
circumstances, and exact location, the Coast Guard determined that it 
is impracticable to publish an NPRM for the date and location changes 
because we must establish this safety zone on the date of publication 
of this rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule is contrary to the public interest as immediate 
action is necessary to prevent possible loss of life and property 
during the hazards created by a barge-based fireworks display near and 
over the navigable waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Pittsburgh (COTP) has determined that a 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created from a barge-based fireworks 
display. For the 2016-2017 Pittsburgh Steelers football season, the 
Coast Guard will temporarily suspend the regulation listed in 33 CFR 
165.801, the first table to Sec.  165.801, entry 59. Instead, by this 
rule, the Coast Guard will create a separate temporary rule in Sec.  
165.801, the first table to Sec.  165.801, entry 67 in order to reflect 
the correct dates and locations for the 2016-2017 Pittsburgh Steelers' 
football season fireworks display events. This change is needed to 
accommodate the change in date and location of Pittsburgh Steelers 
Fireworks. No other portion of the Sec.  165.801, the first table to 
Sec.  165.801or other provisions in Sec.  165.801 are affected by this 
regulation.

IV. Discussion of the Rule

    The Coast Guard is temporarily suspending the regulation listed in 
33 CFR 165.801, the first table to Sec.  165.801, entry 59 and adding 
temporary regulation in Table to Sec.  165.801, entry 67 in order to 
reflect the correct dates and locations for this year's events. This 
change is needed to accommodate the change in date and location of 
Pittsburgh Steelers Fireworks. No other portion of the first table to 
Sec.  165.801 or other provisions in Sec.  165.801 shall be affected by 
this regulation. Entry 59 establishes the safety zone on Sunday, 
Monday, or Thursday from September through January at Ohio River, Mile 
0.3-Allegheny River, Mile 0.2 (Pennsylvania).
    This regulation temporarily changes the enforcement period from 
September through January to August through February, and the location 
from Ohio River, Mile 0.3-Allegheny River, Mile 0.2 (Pennsylvania) to 
Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.1, Monongahela 
River mile 0.0-0.1. The duration of the safety zone is intended to 
protect personnel, vessels, and the marine environment from potential 
hazards created from a barge-based firework display. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.
    In addition to notice in the Federal Register, the maritime 
community will be provided advance notification via the Local Notice to 
Mariners, and marine information broadcasts.

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

[[Page 66814]]

Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone impacts a 
small portion of the waterway for a limited duration of less than two 
hours in the evening. Vessel traffic will be informed about the safety 
zone through local notices to mariners. Moreover, the Coast Guard will 
issue broadcast notices to mariners via VHF-FM marine channel 16 about 
the zone and the rule allows vessels to seek permission to transit the 
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or
    Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting less then two hours that will 
prohibit entry to the Allegheny River mile 0.0-0.25, Ohio River mile 
0.0-0.1, Monongahela River mile 0.0-0.1 during the barge-based firework 
event. It is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    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. In Sec.  165.801, in the first table:
0
a. From September 29, 2016 through February 28, 2017, suspend entry 
``59''.
0
b. From September 29, 2016 through February 28, 2017, add entry ``67''.

[[Page 66815]]

    The addition reads as follows:


Sec.  165.801   Annual fireworks displays and other events in the 
Eighth Coast Guard District requiring safety zones.

* * * * *

----------------------------------------------------------------------------------------------------------------
               Date                     Sponsor/name               Location                  Safety zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
67. Sunday, Monday or Thursday      Pittsburgh Steelers/  Pittsburgh, PA...........  Allegheny River mile 0.0-
 from August through February.       Pittsburgh Steelers                              0.25, Ohio River mile 0.0-
                                     Fireworks.                                       0.3 and Monongahela River
                                                                                      mile 0.0-0.1.
----------------------------------------------------------------------------------------------------------------

* * * * *

L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-23522 Filed 9-28-16; 8:45 am]
BILLING CODE 9110-04-P
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