[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]
BILLING CODE 9110-04-P