[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16808-16811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08032]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0320]
RIN 1625-AA08


Special Local Regulation; Monongahela River (MM 0.22), Allegheny 
River (MM 0.8), and Ohio River (0.8), Pittsburgh, PA.

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation for certain navigable waters of the Allegheny, Monongahela, 
and Ohio Rivers in the vicinity of Pittsburgh, PA. This action is 
necessary to provide for the safety of life on these navigable waters 
during the weekend of the Luke Bryan concert at Heinz Field. This 
proposed rulemaking would prohibit persons and vessels from loitering, 
anchoring, stopping, mooring, remaining, or drifting in any manner

[[Page 16809]]

that impedes safe passage of another vessel to any launching ramp, 
marina, or fleeting area unless authorized by the Captain of the Port 
Marine Safety Unit Pittsburgh or a designated representative. In 
addition, this proposed rulemaking would prohibit persons and vessels 
from loitering, anchoring, stopping, or drifting more than 100 feet 
from any river bank unless authorized by the Captain of the Port Marine 
Safety Unit Pittsburgh or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 2, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0320 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Heinz Field notified the Coast Guard that it would be holding a 
concert from 4 p.m. to 11 p.m. on June 30, 2018. Heinz Field is located 
in close proximity to the banks of the Ohio and Allegheny Rivers, which 
is a high vessel traffic area used by both commercial and recreational 
vessels. Due to the proximity of Heinz Field to these waterways, it 
will be a destination for many recreational vessels to anchor and 
loiter throughout the concert weekend of June 29, 2018 to July 1, 2018. 
The Coast Guard is concerned about possible collisions that could occur 
in this area and the impact of vessel congestion on maritime commerce 
due to transit delays. The Captain of the Port Marine Safety Unit 
Pittsburgh (COTP) has determined that this special local regulation is 
necessary to maintain an open navigation channel and ensure the safety 
of vessels and these navigable waters during the concert weekend.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters adjacent to Heinz Field on the Allegheny, 
Monongahela, and Ohio Rivers before, during, and after the Luke Bryan 
concert weekend. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1233.
    The Coast Guard is issuing this notice of proposed rulemaking 
(NPRM) with a 15-day prior notice and opportunity to comment pursuant 
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C. 
553). This provision authorizes an agency to publish a rule in less 
than 30 days before its effective date for ``good cause found and 
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard 
finds that good cause exists for publishing this NPRM with a 15-day 
comment period because it is impractical to provide a 30-day comment 
period. This proposed special local regulation is necessary to ensure 
the safety of vessels and persons during the concert weekend. It is 
impracticable to publish an NPRM with a 30-day comment period because 
we must establish this special local regulation by June 29, 2018. A 15-
day comment period would allow the Coast Guard to provide for public 
notice and comment, but also publish a rule, if adopted, soon enough 
that the length of the notice and comment period does not compromise 
public safety.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation for all 
navigable waters of the Allegheny, Monongahela, and Ohio Rivers between 
the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny 
River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West 
End-North Side Highway Bridge at MM 0.8, Ohio River. The duration of 
the special local regulation is intended to ensure the safety of 
vessels on these navigable waters before, during, and after the concert 
weekend. This proposed rule would apply to any vessel operating within 
the area, including a naval or public vessel, except a vessel engaged 
in law enforcement, servicing aids to navigation, or surveying, 
maintaining, or improving waters within the regulated area. No vessel 
would be permitted to loiter, anchor, stop, moor, remain or drift in 
any manner that impedes safe passage of another vessel to any launching 
ramp, marina, or fleeting area unless authorized by the COTP or a 
designated representative. In addition, no vessel or person would be 
permitted to loiter, anchor, stop, remain, or drift more than 100 feet 
from any riverbank unless authorized by the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16. Persons and 
vessels permitted to enter this regulated area must transit at their 
slowest safe speed and comply with all lawful directions issued by the 
COTP or the designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 and 
location of the special local regulation. The special local regulation 
will impact a small section of the Allegheny, Monongahela, and Ohio 
Rivers, less than three total miles. Moreover, the special local 
regulation will not stop vessels from transiting the area, it will only 
establish certain areas where vessels are prohibited from loitering, 
anchoring, stopping, remaining, or drifting because it impedes 
navigation near launching ramps, marinas, and fleeting areas, or 
commercial traffic in the rivers. Moreover, the Coast Guard would issue 
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about 
the regulated area and the rule would allow vessels to seek permission 
to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider

[[Page 16810]]

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 proposed rule would not have a significant 
economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a special 
local regulation that prohibits vessels from loitering, anchoring, 
stopping, remaining or drifting more than 100 feet from any bank. 
Normally such actions are categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of Implementation of the 
National Environmental Policy Act, Department of Homeland Security 
Instruction Manual 023-01-001-01. A preliminary environmental analysis 
checklist and 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T08-0320 to read as follows:

[[Page 16811]]

Sec.  100.T08-0320  Special Local Regulation; Monongahela River (MM 
0.22), Allegheny River (MM 0.8), and Ohio River (MM 0.8), Pittsburgh, 
PA.

    (a) Location. The following is a special local regulation for all 
navigable waters of the Allegheny, Monongahela, and Ohio Rivers between 
the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny 
River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West 
End-North Side Highway Bridge at MM 0.8, Ohio River.
    (b) Applicability. This section applies to any vessel operating 
within the area, including a naval or public vessel, except a vessel 
engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within the 
regulated area.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, no vessel shall loiter, anchor, stop, moor, 
remain or drift in any manner as to impede safe passage of another 
vessel to any launching ramp, marina, or fleeting area unless 
authorized by the Captain of the Port Marine Safety Unit Pittsburgh 
(COTP) or a designated representative. They may be contacted on VHF-FM 
Channel 16.
    (2) No vessel shall loiter, anchor, stop, moor, remain or drift at 
any time more than 100 feet from any river bank within the regulated 
area unless authorized by the COTP or a designated representative.
    (3) Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (4) Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Effective period. This section will be effective from 4 p.m. on 
June 29, 2018 through noon on July 1, 2018.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners (BNMs) of the enforcement period for the regulated area as 
well as any changes in the dates and times of enforcement.

    Dated: April 12, 2018.
F.M. Smith,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port Marine 
Safety Unit Pittsburgh, Acting.
[FR Doc. 2018-08032 Filed 4-16-18; 8:45 am]
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