[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23218-23220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10626]


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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, 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 Luke Bryan 
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 29, 2018 through noon 
on July 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0320 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

    Heinz Field has 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 
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 that will anchor 
and loiter throughout the concert weekend of June 29, 2018 to July 1, 
2018. In response, on April 17, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Special Local Regulation; 
Monongahela (MM 0.22), Allegheny (MM 0.8), and Ohio Rivers (0.8), 
Pittsburgh, PA (83 FR 16808). 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 2, 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 to maintain 
an open navigation channel and ensure the safety of vessels on these 
navigable waters during the concert weekend. 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 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 Luke Bryan 
concert weekend.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
17, 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 29, 2018 through noon on July 1, 2018. The special local 
regulation covers 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 during the concert weekend. 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

[[Page 23219]]

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 does not stop vessels from transiting the area, it only 
establish certain areas where vessels are prohibited from loitering, 
anchoring, stopping, or drifting. Finally, the Coast Guard will issue 
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about 
the regulated area and the rule allows 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 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.

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.T08-0320 to read as follows:

[[Page 23220]]

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, 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 is 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 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. 2018-10626 Filed 5-17-18; 8:45 am]
 BILLING CODE 9110-04-P