Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 50317 

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 

Delegations No. 0170.1. 

■ 2. Add § 165.T07–0973 to read as 

follows: 

§ 165.T07–0973 Safety Zone; Savannah 

Harbor Boat Parade, Savannah River, 

Savannah, GA. 

(a) Regulated area. The following 

regulated area is a safety zone: All 

waters of the Savannah River from 

statute mile 13 to statute mile 15. 

(b) Definition. As used in this section, 

‘‘designated representative’’ means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels or aircraft, and 

federal, state, and local officers 

designated by or assisting the Captain of 

the Port (COTP) Savannah in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area of 

the safety zone unless authorized by the 

COTP Savannah or a designated 

representative. 

(2) Persons or vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact COTP Savannah by telephone at 

(912) 652–4353, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the COTP 

Savannah or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Savannah or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, Marine Safety Security 

Bulletins, and on-scene designated 

representatives. 

(e) Effective and enforcement period. 

This rule is effective and will be 

enforced on November 25, 2017 from 4 

p.m. to 11 p.m. 

Dated: October 24, 2017. 

Norman C. Witt, 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. 2017–23616 Filed 10–30–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0891] 

RIN 1625–AA00 

Safety Zone; Monongahela River, 

Monongahela, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Monongahela 

River from mile marker (MM) 31.5 to 

(MM) 32.5. The safety zone is necessary 

to provide for the safety of life on these 

navigable waters near Monongahela, PA 

from potential hazards created by a land 

based fireworks display. Entry of vessels 

or persons into this 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 8:30 

p.m. through 10:30 p.m. on November 

17, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0891 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 Pittsburgh 

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 

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. 

The Coast Guard received a notice of 

the event on September 7, 2017. After 

receiving and fully reviewing the event 

information, circumstances and exact 

location, the Coast Guard determined 

that a safety zone was necessary to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created from a land based 

fireworks display. It would be 

impracticable to complete the full 

NPRM process for this safety zone 

because we need to establish it by 

November 17, 2017 and lack sufficient 

time to provide a reasonable comment 

period and then consider those 

comments before issuing the 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 this rule would be contrary to 

the public interest of ensuring the safety 

of spectators and vessels during the 

event and action is necessary to prevent 

possible loss of life and property. 

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 on November 17, 2017. This rule 


ethrower on DSK3G9T082PROD with RULES
50318 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created from a land 

based fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8:30 p.m. through 10:30 p.m. on 

November 17, 2017. The safety zone 

will cover all navigable waters on the 

Monongahela River from MM 31.5 to 

MM 32.5. The duration of the safety 

zone is intended to protect personnel, 

vessels, and the marine environment 

from potential hazards created from a 

land based fireworks display. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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, and 

duration of the safety zone. This safety 

zone impacts a small portion of the 

waterway and for a limited duration of 

two hours. 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 two hours that will prohibit 

entry on the Monongahela River from 

MM 31.5 to MM 32.5, during the land 

based fireworks event. It is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. 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. 


ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 50319 

1 82 FR 23766 (May 24, 2017). The Commission 

posted this document on its Web site on May 19, 

2017. Notice of Proposed Rulemaking on 

Amendments to Ethics Rules, May 19, 2017 (Order 

No. 3907). 

2 82 FR 23758 (May 24, 2017). The Commission 

posted this document on its Web site on May 19, 

2017. Order No. 3906, Notice of Proposed 

Rulemaking on Amendments to Supplemental 

Standards of Ethical Conduct for Employees of the 

Postal Regulatory Commission, May 19, 2017. 

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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0891 to read as 

follows: 

§ 165.T08–0891 Safety Zone: Monongahela 

River, Monongahela, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Monongahela River from mile marker 

(MM) 31.5 to MM 32.5. 

(b) Effective date. This rule is effective 

from 8:30 p.m. through 10:30 p.m. on 

November 17, 2017. 

(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. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP or a 

designated representative. The 

designated representative may be 

contacted at 412–221–0807. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or a designated representative. 

Designated representatives include 

United States Coast Guard 

commissioned, warrant, and petty 

officers. 

(d) Information broadcasts. The 

Captain COTP or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

Dated: October 26, 2017. 

L. McClain, Jr., 

Commander, Captain of the Port, U.S. Coast 

Guard. 

[FR Doc. 2017–23652 Filed 10–30–17; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3000 

[Docket No. RM2017–4; Order No. 4178] 

Supplemental Standards of Ethical 

Conduct 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission revises its 

existing ethics rules to replace those 

duplicative rules with rules that reflect 

the Commission’s current regulatory 

role under the Postal Accountability and 

Enhancement Act. 

DATES: Effective date: November 30, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

On May 24, 2017, the Postal 

Regulatory Commission (Commission) 

issued a notice of proposed rulemaking 

to amend the Commission’s ethics rules, 

39 CFR subpart A of part 3000.1 On the 

same day, with the concurrence of the 

Office of Government Ethics (OGE), the 

Commission also issued a notice of 

proposed rulemaking to amend the 

supplemental standards of ethical 

conduct, 5 CFR part 5601, applicable to 

Commission employees.2

Executive branch employees are 

subject to multiple federal ethics laws, 

regulations issued by OGE, and 

executive orders. Because existing 39 

CFR subpart A of part 3000 contains 

several rules that are duplicative of 

rules contained in 5 CFR part 2638 and 

5 CFR part 5601, as amended, the 

Commission will revise existing 39 CFR 

subpart A of part 3000. The Commission 

will replace those duplicative rules with 

rules that reflect the Commission’s 

current regulatory role under the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law 109–435, 120 Stat. 

3198 (2006). The revised rules will treat 

employees’ and former employees’ 

interactions with the Postal Service 

substantially the same as if those 

interactions were with entities that are 

not part of the federal government. 

II. Background 

The ethics rules contained in 39 CFR 

subpart A of part 3000 were adopted in 

a 1971 rulemaking, in which the Civil 

Service Commission promulgated 

employee conduct regulations on the 

Commission’s behalf. 36 FR 5412 (Mar. 

23, 1971). In 1993, the Commission 

collaborated with OGE to revise the 

Commission’s ethics rules in 39 CFR 

subpart A of part 3000. 58 FR 42873, 

42874 (Aug. 12, 1993). The Commission 

amended the ethics rules in 2001 to 

eliminate a redundant provision. 66 FR 

32544, 32545 (Jun. 15, 2001). 

In 2006, the PAEA changed the 

agency’s name from the Postal Rate 

Commission to the Postal Regulatory 

Commission and made several changes 

to the Commission’s regulatory role. In 

2007, the Commission amended its 

ethics rules to correct the statutory 

authority and the agency’s name, both of 

which were changed by the PAEA. 72 

FR 33164, 33165 (Jun. 15, 2007). In 

2016, the Commission amended its 

ethics rules to redesignate the 

numbering to be consistent with the 

Federal Register Document Drafting 

Handbook and to correct the listed 

authority. 81 FR 42534, 42540 (Jun. 30, 

2016). Neither amendment modernized 

the Commission’s ethics rules to reflect 

the PAEA’s enhancements to the 

Commission’s responsibilities. 

Because the ethics rules in existing 39 

CFR subpart A of part 3000 are 

redundant to rules contained in title 5 

of the Code of Federal Regulations, the 

Commission undertook this rulemaking 

to streamline its regulations. Order No. 

3907 at 4–5. Further, the PAEA’s 

changes to the Commission’s 

responsibilities drive the need to 

modernize the ethics rules to ensure 

that consistent rules will apply to 

employees’ and former employees’ 

interactions with entities outside the 

federal government and with the Postal 

Service. 

III. Comments 

The Commission received two sets of 

comments pertaining to the proposed 

revisions to the supplemental standards 

of ethical conduct and the 

Commission’s ethics rules. 

Sum Comments. The Commission 

received the following comment 

through the www.federalregister.gov 

Web site: ‘‘Any deletion of ethical 

conduct would not be in the best 


ethrower on DSK3G9T082PROD with RULES