Safety Zone; Allegheny River Miles 0.7 to 1.0, Pittsburgh, PA, 42026-42028 [2018-17855]
Download as PDF
<![CDATA[
42026
Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
Information Act program. On February
6, 2018, the DoD published a revised
FOIA program rule as a result of the
FOIA Improvement Act of 2016. When
the DoD FOIA program rule was revised,
it included DoD component information
and removed the requirement for
component supplementary rules. The
DoD now has one DoD-level rule for the
FOIA program that contains all the
codified information required for the
Department. Therefore, this part can be
removed from the CFR.
This rule is effective on August
20, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mark Dorgan at 703–604–9873.
It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing DoD internal
policies and procedures that are
publically available on the Department’s
website.
OIG internal guidance concerning the
implementation of the FOIA within OIG
will continue to be published in
Inspector General Instruction 5400.7
(available at https://www.dodig.mil/
Portals/48/Documents/Policy/IGDINST
%205400.7%20AIG-AM%20signed
%204-16-10.pdf).
This rule is one of 14 separate DoD
FOIA rules. With the finalization of the
DoD-level FOIA rule at 32 CFR part 286,
the Department is eliminating the need
for this separate FOIA rule and reducing
costs to the public as explained in the
preamble of the DoD-level FOIA rule
published at 83 FR 5196–5197.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 295
Freedom of information.
PART 295—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 295 is removed.
daltland on DSKBBV9HB2PROD with RULES
■
Dated: August 15, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2018–17884 Filed 8–17–18; 8:45 am]
BILLING CODE 5001–06–P
VerDate Sep<11>2014
17:41 Aug 17, 2018
Jkt 244001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2018–0781]
Special Local Regulation; Wheeling
Vintage Regatta, Wheeling, WV
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a special local regulation for certain
navigable waters of the Ohio River
during the Wheeling Vintage Regatta on
September 1, 2018 and September 2,
2018, to provide for the safety of
persons, vessels, and the marine
environment on the navigable
waterways during this event. Our
special local regulations for annual
marine events in the Eighth Coast Guard
District identify the regulated area for
this event in Wheeling, WV. During the
enforcement period, entry into this zone
is prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
SUMMARY:
The regulations in 33 CFR
100.801, Table 1, line 25, will be
enforced from 9 a.m. to 6 p.m. each day
from September 1, 2018 through
September 2, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
Charles Morris, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email Charles.F.Morris@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a temporary special
local regulation for the Wheeling
Vintage Regatta in 33 CFR 100.801,
Table 1, Sector Ohio Valley Annual and
Recurring Marine Events, line 25 from 9
a.m. to 6 p.m. each day from September
1, 2018 through September 2, 2018. This
action is being taken to provide for the
safety of persons, vessels, and the
marine environment on the navigable
waters of the Ohio River during this
event. Our regulation for marine events
within the Eighth Coast Guard District,
§ 100.801, specifies the location of the
regulated area for the Wheeling Vintage
Regatta, which covers a one-mile stretch
of the Ohio River. Persons and vessels
must not enter the regulated area unless
registered with the sponsor as
participants, official patrol vessels, or
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
DATES:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
a designated representative. Persons or
vessels desiring to enter into or pass
through the area must request
permission from the COTP or a
designated representative. They can be
reached on VHF–FM channel 16. If
permission is granted, all persons and
vessel shall comply with the
instructions of the COTP or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of each enforcement.
Dated: August 14, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–17856 Filed 8–17–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0750]
RIN 1625–AA00
Safety Zone; Allegheny River Miles 0.7
to 1.0, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Allegheny
River, extending the entire width of the
river, from mile marker (MM) 0.7 to MM
1.0. This safety zone is necessary to
protect persons, vessels, and the marine
environment from potential hazards
associated with a fireworks display.
Entry of persons or vessels into this
zone is prohibited unless authorized by
the Captain of the Port Marine Safety
Unit Pittsburgh or a designated
representative.
DATES: This rule is effective from 7:30
p.m. through 9 p.m. on September 11,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0750 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
E:\FR\FM\20AUR1.SGM
20AUR1
Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
If
you have questions on this rule, call or
email Petty Officer Jennifer Haggins,
Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone 412–221–0807,
email Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
daltland on DSKBBV9HB2PROD with RULES
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. This safety zone must be
established by September 11, 2018, and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the date of the fireworks
display and compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with this fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with this
barge-launched fireworks display will
be a safety hazard for anyone within a
less than one half-mile stretch of the
Allegheny River. The rule is necessary
to protect persons, vessels, and the
marine environment on the navigable
waters within the safety zone before,
during, and after the fireworks.
VerDate Sep<11>2014
17:41 Aug 17, 2018
Jkt 244001
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:30 p.m. through 9 p.m. on
September 11, 2018. The safety zone
will cover all navigable waters of the
Allegheny River, extending the entire
width of the river, from mile marker
(MM) 0.7 to MM 1.0. The duration of the
zone is intended to protect persons,
vessels, and the marine environment on
these navigable waters before, during,
and after a fireworks display. No vessel
or person is permitted to enter the safety
zone without obtaining permission
from the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh. Persons and
vessels seeking entry into this safety
zone must request permission from the
COTP or a designated representative.
They may be contacted on VHF–FM
Channel 16 or by telephone at (412)
221–0807. Persons and vessels
permitted to enter this safety zone must
transit at their slowest safe speed and
comply with all lawful instructions of
the COTP or a designated
representative. The COTP or a
designated representative will inform
the public of the enforcement period for
the safety zone as well as any changes
in the schedule through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
Review’’) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
42027
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (April 5, 2017).
This regulatory action determination
is based on the size, time, duration, and
location of the safety zone. This safety
zone encompasses less than one half
mile stretch of the Allegheny River for
only one hour and thirty minutes on one
evening. Moreover, the Coast Guard will
issue BNMs via VHF–FM marine
channel 16 about the zone, and the rule
allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E:\FR\FM\20AUR1.SGM
20AUR1
42028
Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
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).
daltland on DSKBBV9HB2PROD with RULES
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
VerDate Sep<11>2014
17:41 Aug 17, 2018
Jkt 244001
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting only one hour and thirty
minutes on one evening that will
prohibit entry on less than one half mile
stretch of the Allegheny River near a
barge-launched fireworks display. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T08–0750 to read as
follows:
■
§ 165.T08–0750 Safety Zone; Allegheny
River Miles 0.7 to 1.0, Pittsburgh, PA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Allegheny River, extending the entire
width of the river, from mile marker
(MM) 0.7 to MM 1.0.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
(b) Effective period. This section is
effective from 7:30 p.m. through 9 p.m.
on September 11, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Marine Safety Unit Pittsburgh.
(2) Persons and vessels seeking entry
into this safety zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
telephone at (412) 221–0807.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful instructions of the COTP
or a designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement period for the safety zone
as well as any changes in the schedule
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: August 14, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–17855 Filed 8–17–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0743]
RIN 1625–AA00
Safety Zone; Ohio River Miles 0.0 to
0.5, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Ohio River,
extending the entire width of the river,
from mile marker (MM) 0.0 to MM 0.5.
This safety zone is necessary to protect
persons, vessels, and the marine
environment from potential hazards
associated with a fireworks display.
Entry of persons or vessels into this
SUMMARY:
E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42026-42028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17855]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0750]
RIN 1625-AA00
Safety Zone; Allegheny River Miles 0.7 to 1.0, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Allegheny River, extending the entire width
of the river, from mile marker (MM) 0.7 to MM 1.0. This safety zone is
necessary to protect persons, vessels, and the marine environment from
potential hazards associated with a fireworks display. Entry of persons
or vessels into this zone is prohibited unless authorized by the
Captain of the Port Marine Safety Unit Pittsburgh or a designated
representative.
DATES: This rule is effective from 7:30 p.m. through 9 p.m. on
September 11, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0750 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
[[Page 42027]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. This
safety zone must be established by September 11, 2018, and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the date
of the fireworks display and compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with this
fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with this barge-launched
fireworks display will be a safety hazard for anyone within a less than
one half-mile stretch of the Allegheny River. The rule is necessary to
protect persons, vessels, and the marine environment on the navigable
waters within the safety zone before, during, and after the fireworks.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 p.m. through 9 p.m.
on September 11, 2018. The safety zone will cover all navigable waters
of the Allegheny River, extending the entire width of the river, from
mile marker (MM) 0.7 to MM 1.0. The duration of the zone is intended to
protect persons, vessels, and the marine environment on these navigable
waters before, during, and after a fireworks display. No vessel or
person is permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Marine Safety Unit Pittsburgh. Persons and vessels seeking entry into
this safety zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by
telephone at (412) 221-0807. Persons and vessels permitted to enter
this safety zone must transit at their slowest safe speed and comply
with all lawful instructions of the COTP or a designated
representative. The COTP or a designated representative will inform the
public of the enforcement period for the safety zone as well as any
changes in the schedule through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
This regulatory action determination is based on the size, time,
duration, and location of the safety zone. This safety zone encompasses
less than one half mile stretch of the Allegheny River for only one
hour and thirty minutes on one evening. Moreover, the Coast Guard will
issue BNMs via VHF-FM marine channel 16 about the zone, and the rule
allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
[[Page 42028]]
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting only one hour and thirty minutes on one evening
that will prohibit entry on less than one half mile stretch of the
Allegheny River near a barge-launched fireworks display. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0750 to read as follows:
Sec. 165.T08-0750 Safety Zone; Allegheny River Miles 0.7 to 1.0,
Pittsburgh, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Allegheny River, extending the entire width of the river,
from mile marker (MM) 0.7 to MM 1.0.
(b) Effective period. This section is effective from 7:30 p.m.
through 9 p.m. on September 11, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Marine Safety
Unit Pittsburgh.
(2) Persons and vessels seeking entry into this safety zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM Channel 16 or by telephone at (412) 221-
0807.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
instructions of the COTP or a designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement period for the
safety zone as well as any changes in the schedule through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.
Dated: August 14, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-17855 Filed 8-17-18; 8:45 am]
BILLING CODE 9110-04-P
