[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]
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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.
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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 http://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
[email protected].
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]
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