Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA, 31908-31910 [2017-14424]

Download as PDF 31908 Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTARY INFORMATION: Multnomah County (bridge owner) has requested a temporary deviation from the operating schedule for the Hawthorne Bridge, mile 13.1 crossing the Willamette River at Portland, OR. The requested deviation is to accommodate the Oregon Brewers’ Parade event. To facilitate this event, the draw of this bridge will be allowed to be kept in the closed-to-navigation position to marine traffic from 11:30 a.m. to noon on July 26, 2017. The Hawthorne Bridge provides a vertical clearance of 49 feet in the closed-tonavigation position referenced to the vertical clearance above Columbia River Datum 0.0. The normal operating schedule is in 33 CFR 117.897(c)(3)(v). Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. The Coast Guard provided notice of and requested objections to this deviation to local mariners via the Local Notice Mariners, and email. No objections were submitted to the Coast Guard. Vessels able to pass through the bridge in the closed-to-navigation position may do so at any time. The bridge will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterway, through our Local and Broadcast Notices to Mariners, of the change in operating schedule for the bridges so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedules immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. RIN 1625–AA00 mstockstill on DSK30JT082PROD with RULES FOR FURTHER INFORMATION CONTACT: Dated: June 30, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2017–14458 Filed 7–10–17; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:47 Jul 10, 2017 Jkt 241001 Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0505] Safety Zone; Red Bull Flugtag, Allegheny River, 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 200 yards from the right descending bank, from mile marker (MM) 0.0 to MM 0.2. This safety zone is necessary to provide for the safety of life and protection of property from potential hazards associated with the Red Bull Flugtag event. Entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. DATES: This rule is effective from 10:30 a.m. through 4:30 p.m. on August 5, 2017. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2016– 0505 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412–221–0807, email Jennifer.L.Haggins@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Marine Safety Unit Pittsburg DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. After receiving and fully reviewing the event information, circumstances and exact location, the Coast Guard determined that a safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created during the Red Bull Flugtag event. It is impracticable to publish a NPRM because we must establish this safety zone by August 5, 2017, and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to protect persons and property from the dangers associated with the Red Bull Flugtag event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has determined that the potential hazards associated with the Red Bull Flugtag event present a safety concern and that a safety zone is necessary on August 5, 2017. This rule is needed to provide for the safety of life and protection of vessels and the marine environment from potential hazards created from the Red Bull Flugtag event. The Coast Guard will notify the public and maritime community of the proposed safety zone and enforcement period via Broadcast Notice to Mariners (BNM). IV. Discussion of the Rule This rule establishes a safety zone on August 5, 2017, from 10:30 a.m. through 4:30 p.m. The safety zone will cover all navigable waters on the Allegheny River 200 yards from the right descending bank mile marker 0.0 to mile marker 0.2. The duration of the safety zone is intended to protect personnel, vessels, and the marine environment from potential hazards created from the Red Bull Flugtag event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Order related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. mstockstill on DSK30JT082PROD 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration and time-of-year of the safety zone. This safety zone affects a small portion of these navigable waterways for a limited duration of six hours and still will not impede the channel allowing vessels to pass through. Due to the limited scope and short duration of the safety zone, the impact on routine navigation is expected to be minimal. Additionally, the Coast Guard will issue Broadcast Notices to Mariners via VHF–FM marine channel 16 about the zone and the rule allows vessels to seek permission to transit the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement VerDate Sep<11>2014 16:47 Jul 10, 2017 Jkt 241001 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. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 31909 E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting six hours that will prohibit entry on the Allegheny River 200 yards from the right descending bank mile 0.0 to mile 0.2 during the Red Bull Flugtag event. It is categorically excluded from further review under paragraph 34 (g) of Figure 2–1 of the Commandant Instruction M16475.1D. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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; E:\FR\FM\11JYR1.SGM 11JYR1 31910 Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF EDUCATION ■ 2. Add § 165.T08–0505 to read as follows: 34 CFR Parts 104, 105, 222, 300, 361, 373, 385, 668, and 674 § 165.T08–0505 Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA. [Docket ID ED–2017–OS–0051] (a) Location. The following area is a safety zone: All navigable waters of the Allegheny River 200 yards from the right descending bank from mile marker 0.0 to mile marker 0.2 (b) Effective date. This safety zone will be in effect from 10:30 a.m. through 4:30 p.m. on August 5, 2017. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. (2) Persons or vessels seeking entry into this safety zone must request permission from the COTP or a designated representative. The COTP or a designated representative may be contacted at 412–221–0807. (3) All persons shall comply with the instructions of the COTP or their designated representative. COTP or designated representative includes a United States Coast Guard commissioned officer, warrant officer, and petty officer. (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of the enforcement period for the safety zone. Dated: July 5, 2017. L. Mcclain, Jr., Commander, U.S. Coast Guard, Captain of the Port Pittsburgh. RIN 1801–AA11 Rosa’s Law Office of the Secretary, Department of Education. ACTION: Final regulations. AGENCY: Rosa’s Law changes references to ‘‘mental retardation’’ in Federal law to ‘‘intellectual disability’’ or ‘‘intellectual disabilities.’’ These final regulations implement this statutory change in applicable Department of Education regulations. DATES: These regulations are effective August 10, 2017. FOR FURTHER INFORMATION CONTACT: Levon Schlichter, U.S. Department of Education, Office of the General Counsel, 400 Maryland Avenue SW., Room 6E235, Washington, DC 20202– 2241. Telephone: (202) 453–6387 or by email: levon.schlichter@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1–800–877–8339. Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed in this section. SUMMARY: Rosa’s Law (Pub. L. 111–256) amended sections of the Rehabilitation Act of 1973, as amended (Rehabilitation Act), the Individuals with Disabilities Education Act (IDEA), the Higher SUPPLEMENTARY INFORMATION: [FR Doc. 2017–14424 Filed 7–10–17; 8:45 am] BILLING CODE 9110–04–P Education Act of 1965, as amended (HEA), and the Elementary and Secondary Education Act of 1965, as amended (ESEA), by removing the words ‘‘mental retardation’’ and replacing them with the words ‘‘intellectual disability’’ or ‘‘intellectual disabilities.’’ We are therefore revising applicable sections in title 34 of the Code of Federal Regulations (CFR). The following paragraphs describe the changes we are making to the regulations and the specific statutory changes on which the regulatory changes are based. Rehabilitation Act Statute: Rosa’s Law amended the Rehabilitation Act by substituting ‘‘intellectual disability’’ for ‘‘mental retardation’’ in section 7(21)(A)(iii) (29 U.S.C. 705(21)(A)(iii)); substituting ‘‘intellectual disabilities’’ for ‘‘mental retardation’’ in section 204(b)(2)(C)(vi) (29 U.S.C. 764(b)(2)(C)(vi)); and substituting ‘‘President’s Disability Employment Partnership Board and the President’s Committee for People with Intellectual Disabilities’’ for ‘‘President’s Committees on Employment of People With Disabilities and on Mental Retardation’’ in section 501(a) (29 U.S.C. 791(a)). Regulations: We have substituted ‘‘intellectual disability’’ for ‘‘mental retardation’’ and ‘‘having an intellectual disability’’ for ‘‘mentally retarded’’ in the following definitions: Term Section within title 34, CFR mstockstill on DSK30JT082PROD with RULES ‘‘handicapped person’’ .................................................................................................................................................... ‘‘individual with a severe disability’’ ................................................................................................................................ ‘‘individual with a significant disability’’ ........................................................................................................................... ‘‘individual with handicaps’’ ............................................................................................................................................. ‘‘physical or mental impairment’’ .................................................................................................................................... We have also substituted ‘‘intellectual disability’’ for ‘‘mental retardation’’ in Appendix A to part 104. Reasons: We have made these regulatory revisions to implement the changes made to the Rehabilitation Act by Rosa’s Law. IDEA Statute: Rosa’s Law amended the IDEA by substituting ‘‘intellectual disabilities’’ for ‘‘mental retardation’’ in sections 601(c)(12)(C) (20 U.S.C. VerDate Sep<11>2014 16:47 Jul 10, 2017 Jkt 241001 1400(c)(12)(C)) and 602(3)(A)(i) and (30)(C) (20 U.S.C. 1401(3)(A)(i) and (30)(C)). Regulations: We have revised Appendix F to 34 CFR part 300 and the following sections in title 34 to remove references to ‘‘mental retardation’’ and add, in their place, references to an ‘‘intellectual disability’’: §§ 300.8(a)(1), (c)(6), (c)(7), and (c)(10)(ii); 300.309(a)(3)(ii); and 300.311(a)(6). Additionally, in § 300.8(c)(6), we have replaced the defined term ‘‘mental PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 § 104.3(j)(2)(i). § 385.4. §§ 361.5 and 373.4. § 105.3. § 361.5. retardation’’ with the defined term ‘‘intellectual disability.’’ Reasons: We have made these regulatory revisions to implement the changes made to the IDEA by Rosa’s Law. HEA Statute: Rosa’s Law amended section 760(2)(A) of the HEA (20 U.S.C. 1140(2)(A)) by removing the words ‘‘mental retardation or.’’ E:\FR\FM\11JYR1.SGM 11JYR1

Agencies

[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31908-31910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14424]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0505 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, 
U.S. Coast Guard; telephone 412-221-0807, email 
Jennifer.L.Haggins@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburg
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. After receiving 
and fully reviewing the event information, circumstances and exact 
location, the Coast Guard determined that a safety zone is necessary to 
protect personnel, vessels, and the marine environment from potential 
hazards created during the Red Bull Flugtag event. It is impracticable 
to publish a NPRM because we must establish this safety zone by August 
5, 2017, and lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to protect persons and property from 
the dangers associated with the Red Bull Flugtag event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has 
determined that the potential hazards associated with the Red Bull 
Flugtag event present a safety concern and that a safety zone is 
necessary on August 5, 2017. This rule is needed to provide for the 
safety of life and protection of vessels and the marine environment 
from potential hazards created from the Red Bull Flugtag event. The 
Coast Guard will notify the public and maritime community of the 
proposed safety zone and enforcement period via Broadcast Notice to 
Mariners (BNM).

IV. Discussion of the Rule

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

[[Page 31909]]

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-year of the safety zone. This safety 
zone affects a small portion of these navigable waterways for a limited 
duration of six hours and still will not impede the channel allowing 
vessels to pass through. Due to the limited scope and short duration of 
the safety zone, the impact on routine navigation is expected to be 
minimal. Additionally, the Coast Guard will issue Broadcast Notices to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to transit the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting six hours that will prohibit entry 
on the Allegheny River 200 yards from the right descending bank mile 
0.0 to mile 0.2 during the Red Bull Flugtag event. It is categorically 
excluded from further review under paragraph 34 (g) of Figure 2-1 of 
the Commandant Instruction M16475.1D. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5;

[[Page 31910]]

Department of Homeland Security Delegation No. 0170.1.


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


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

    (a) Location. The following area is a safety zone: All navigable 
waters of the Allegheny River 200 yards from the right descending bank 
from mile marker 0.0 to mile marker 0.2
    (b) Effective date. This safety zone will be in effect from 10:30 
a.m. through 4:30 p.m. on August 5, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Marine Safety Unit Pittsburgh 
(COTP) or a designated representative.
    (2) Persons or vessels seeking entry into this safety zone must 
request permission from the COTP or a designated representative. The 
COTP or a designated representative may be contacted at 412-221-0807.
    (3) All persons shall comply with the instructions of the COTP or 
their designated representative. COTP or designated representative 
includes a United States Coast Guard commissioned officer, warrant 
officer, and petty officer.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of the 
enforcement period for the safety zone.

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

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.