[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Rules and Regulations]
[Pages 11413-11415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05819]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0168]
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 Garth
Brooks 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 May 17, 2019 through 3
p.m. on May 19, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0168 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 12, 2019, Heinz Field notified the Coast Guard that it
would be holding a concert from 5 p.m. to 11 p.m. on May 18, 2019.
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 May 17, 2019 to May 19, 2019.
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 46 U.S.C.
70041(a). The 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. 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 along the Allegheny, Monongahela, and Ohio
Rivers before, during, and after the Garth Brooks concert weekend.
[[Page 11414]]
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a special local regulation from 4 p.m. on May
17, 2019 through 3 p.m. on May 19, 2019. 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. 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 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
[[Page 11415]]
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, 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0168 to read as follows:
Sec. 100.T08-0168 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) 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
May 17, 2019 through 3 p.m. on May 19, 2019.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
special local regulation 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: March 21, 2019.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-05819 Filed 3-26-19; 8:45 am]
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