[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23224-23226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10624]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0224]
RIN 1625-AA08


Special Local Regulation; Monongahela, Allegheny, and Ohio 
Rivers, Pittsburgh Pennsylvania

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for parts of the navigable waters of the Allegheny, 
Monongahela, and Ohio Rivers. This action is necessary to ensure safety 
of life on these navigable waters during the weekend of the Kenny 
Chesney concert at Heinz Field. Persons and vessels are prohibited from 
loitering, anchoring, stopping, mooring, remaining, or drifting in any 
manner 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, persons and vessels are prohibited from loitering, anchoring, 
stopping, or drifting more than 100 feet from any riverbank unless 
authorized by the Captain of the Port Marine Safety Unit Pittsburgh or 
a designated representative.

DATES: This rule is effective from 4 p.m. on June 1, 2018 through 3 
p.m. on June 3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0224 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 Petty Officer Jennifer Haggins, Marine Safety Unit 
Pittsburgh Waterways Division, 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 Information and Regulatory History

    On March 7, 2018, Heinz Field notified the Coast Guard that it 
would be holding a concert from 4 p.m. to 11 p.m. on June 2, 2018. 
Heinz Field is located in close proximity to the banks of the Ohio and 
Allegheny Rivers, which are high vessel traffic areas 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 1, 2018 to June 3, 2018. In response to the 
notification, on April 19, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulation; 
Monongahela, Allegheny, and Ohio Rivers, Pittsburgh PA (83 FR 17333). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this concert. During the comment 
period that ended May 4, 2018, we received no comments.
    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 contrary to the public interest because immediate 
action is needed to respond to the potential safety concerns and 
hazards that could occur in this area during the concert.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has 
determined that this special local regulation is necessary

[[Page 23225]]

to maintain an open navigation channel and ensure the safety of vessels 
on these navigable waters during the concert weekend. Risk of 
collisions near Heinz Field is a safety concern for any vessel 
loitering, anchoring, stopping, or drifting more than 100 feet from a 
riverbank or in a manner that impedes the passage of another vessel to 
any launching ramp, marina, or fleeting area. The purpose of this 
rulemaking is to ensure the safety of vessels on the navigable waters 
adjacent to Heinz Field, the Allegheny, Monongahela, and Ohio Rivers 
before, during, and after the Kenny Chesney concert weekend.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
19, 2018. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a special local regulation from 4 p.m. on 
June 1, 2018 through 3 p.m. on June 3, 2018. The special local 
regulation will cover 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 zone is intended to ensure the 
safety of vessels on these navigable waters. This special local 
regulation applies 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 is 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 is permitted to loiter, anchor, stop, 
remain, or drift more than 100 feet from any riverbank unless 
authorized by the COTP or a designated representative. Persons and 
vessels seeking entry into the regulated area must request permission 
from the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Marine Safety Unit Pittsburgh. 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.

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 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 as 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 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, or drifting.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
regulated area 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.

[[Page 23226]]

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 an 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
special local regulation covering less than 3 miles and lasting 
approximately 3 days. It will prohibit persons and vessels from 
loitering, anchoring, stopping, or drifting more than 100 feet from any 
riverbank or act in a manner that impedes the passage of another vessel 
to any launching ramp, marina, or fleeting area. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. 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.

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 amends 
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; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0224 to read as follows:


Sec.  100.T08-0224   Special Local Regulation; Monongahela, Allegheny, 
and Ohio Rivers, 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, no vessel shall loiter, anchor, stop, moor, remain, 
drift, or act 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.
    (2) No vessel shall loiter, anchor, stop, moor, remain or drift at 
any time more than 100 feet from any riverbank within the regulated 
area unless authorized by the COTP or a designated representative.
    (3) Persons and vessels seeking entry into the regulated area must 
request permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM 
Channel 16.
    (4) Persons and vessels permitted to enter the 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 1, 2018 through 3 p.m. on June 3, 2018.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: May 9, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-10624 Filed 5-17-18; 8:45 am]
 BILLING CODE 9110-04-P