[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.

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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 http://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 
[email protected].

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.

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               Date                     Sponsor/name               Location                  Safety zone
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                                                  * * * * * * *
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.
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* * * * *

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