83_FR_16882 83 FR 16808 - Special Local Regulation; Monongahela River (MM 0.22), Allegheny River (MM 0.8), and Ohio River (0.8), Pittsburgh, PA.

83 FR 16808 - Special Local Regulation; Monongahela River (MM 0.22), Allegheny River (MM 0.8), and Ohio River (0.8), Pittsburgh, PA.

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range16808-16811
FR Document2018-08032

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 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.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16808-16811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08032]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 9110-04-P



                                               16808                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules

                                                  The Secretary proposes the following
                                               alternate Federal representatives for the
                                               Committee:

                                                                                                   Name                                                                                      Affiliation

                                               Jimmy Hastings, Education Program Administrator .................................................                   Bureau of Indian Education.
                                               Brenda Riel, Attorney-Advisor ...................................................................................   Office of the Solicitor.



                                               Comments                                                           reach agreement on behalf of the                               the location indicated in the ADDRESSES
                                                 The Secretary solicited comments on                              interest(s);                                                   section.
                                               the proposal to establish the Committee                               • Are able to negotiate effectively on
                                                                                                                                                                                 III. Public Disclosure of Comments
                                               and received one response from the                                 behalf of the interest(s) represented;
                                               National Indian Education Association                                 • Are able to commit the time and                              Before including your address, phone
                                                                                                                  effort required to attend and prepare for                      number, email address, or other
                                               (NIEA) that was submitted through the                                                                                             personal identifying information in your
                                               process identified in the Federal                                  meetings; and
                                                                                                                     • Are able to collaborate among                             comment, you should be aware that
                                               Register (82 FR 43199) dated September                                                                                            your entire nomination submission—
                                               14, 2017. The Secretary did not consider                           diverse parties in a consensus-seeking
                                                                                                                  process.                                                       including your personal identifying
                                               comments that were received in any                                                                                                information—may be made publically
                                               other manner or were received after the                               The Secretary will consider
                                                                                                                  nominations for representatives only if                        available at any time. While you can ask
                                               close of the comment period.                                                                                                      us in your submission to withhold your
                                                 The comments received from NIEA:                                 they are nominated through the process
                                                                                                                  identified in this Notice and in the                           personal identifying information from
                                               (1) Support the proposal to form a                                                                                                public review, we cannot guarantee that
                                               negotiated rulemaking committee, (2)                               Federal Register Notice of Intent (82 FR
                                                                                                                  43199). The Secretary will not consider                        we will be able to do so.
                                               encourage the Secretary to include
                                               Native educators, researchers, and                                 any nominations received in any other                            Authority: The Elementary and Secondary
                                               evaluators on the Committee, and (3)                               manner. The Secretary will not consider                        Education Act of 1965, as amended, 20
                                                                                                                  nominations for Federal representatives;                       U.S.C. 6301 et seq.
                                               encourage the Secretary to ensure that
                                               representatives are served by Bureau-                              only the Secretary may nominate                                  Dated: April 9, 2018.
                                               funded schools.                                                    Federal employees to the Committee.                            John Tahsuda,
                                                 Both the Secretary and the BIE believe                              Nominations must include the                                Principal Deputy Assistant Secretary—Indian
                                               the proposed representatives address                               following information about each                               Affairs, Exercising the Authority of the
                                               NIEA’s comments to ensure the Native                               nominee:                                                       Assistant Secretary—Indian Affairs.
                                               students are best supported and                                       (1) A current letter from the entity                        [FR Doc. 2018–07922 Filed 4–16–18; 8:45 am]
                                               evaluated holistically. The proposed                               representing one of the interest(s)                            BILLING CODE 4337–15–P
                                               representatives carry a wide range of                              identified supporting the nomination of
                                               experiences, knowledge, and                                        the individual to serve as a
                                               understanding to support Native                                    representative for the Committee;                              DEPARTMENT OF HOMELAND
                                               students both academically and                                        (2) A resume reflecting the nominee’s                       SECURITY
                                               culturally.                                                        qualifications and experience in Indian
                                                                                                                  education; resume to include the                               Coast Guard
                                               Nominations                                                        nominee’s name, Tribal affiliation (if
                                                 If you are a Tribe with Bureau-funded                            applicable), job title, major job duties,                      33 CFR Part 100
                                               schools, an Indian education                                       employer, business address, business
                                                                                                                                                                                 [Docket Number USCG–2018–0320]
                                               organization, or an interested                                     telephone and fax numbers (and
                                               individual, we invite you to comment                               business email address, if applicable);                        RIN 1625–AA08
                                               on the proposed nominations in this                                   (3) The interest(s) to be represented by
                                               notice or to nominate other persons for                            the nominee identified in Section V, in                        Special Local Regulation;
                                               membership on the Committee. The                                   the Federal Register (82 FR 43199)                             Monongahela River (MM 0.22),
                                               Committee membership should reflect                                published September 14, 2017, and                              Allegheny River (MM 0.8), and Ohio
                                               the diversity of Tribal interests, and                             whether the nominee will represent                             River (0.8), Pittsburgh, PA.
                                               Tribes should nominate representatives                             other interest(s) related to this                              AGENCY:   Coast Guard, DHS.
                                               and alternates who will:                                           rulemaking;                                                    ACTION:   Notice of proposed rulemaking.
                                                 • Have knowledge of school                                          (4) A brief description of how the
                                               standards, assessments, and                                        nominee will represent the views of the                        SUMMARY:   The Coast Guard proposes to
                                               accountability systems;                                            identified interest(s), communicate with                       establish a special local regulation for
                                                 • Have relevant experiences as past or                           constituents, and have a clear means to                        certain navigable waters of the
                                               present superintendents, principals,                               reach agreement on behalf of the                               Allegheny, Monongahela, and Ohio
                                               teachers, or school board members;                                 interest(s) they are representing; and                         Rivers in the vicinity of Pittsburgh, PA.
                                                 • Are able to coordinate, to the extent
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                                     (5) A statement on whether the                              This action is necessary to provide for
                                               possible, with other interests who may                             nominee is only representing one                               the safety of life on these navigable
                                               not be represented on the Committee;                               interest or whether the expectation is                         waters during the weekend of the Luke
                                                 • Are able to represent one or more of                           that the nominee represents a specific                         Bryan concert at Heinz Field. This
                                               the specified interests with the authority                         group of interests.                                            proposed rulemaking would prohibit
                                               to embody the views of that or those                                  To be considered, nominations must                          persons and vessels from loitering,
                                               interest(s), communicate with interested                           be received by the close of business on                        anchoring, stopping, mooring,
                                               constituents, and have a clear means to                            the date listed in the DATES section, at                       remaining, or drifting in any manner


                                          VerDate Sep<11>2014       17:36 Apr 16, 2018      Jkt 244001     PO 00000     Frm 00022      Fmt 4702     Sfmt 4702      E:\FR\FM\17APP1.SGM   17APP1


                                                                        Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules                                            16809

                                               that impedes safe passage of another                    determined that this special local                     COTP or a designated representative. In
                                               vessel to any launching ramp, marina,                   regulation is necessary to maintain an                 addition, no vessel or person would be
                                               or fleeting area unless authorized by the               open navigation channel and ensure the                 permitted to loiter, anchor, stop, remain,
                                               Captain of the Port Marine Safety Unit                  safety of vessels and these navigable                  or drift more than 100 feet from any
                                               Pittsburgh or a designated                              waters during the concert weekend.                     riverbank unless authorized by the
                                               representative. In addition, this                          The purpose of this rulemaking is to                COTP or a designated representative.
                                               proposed rulemaking would prohibit                      ensure the safety of vessels and the                   They may be contacted on VHF–FM
                                               persons and vessels from loitering,                     navigable waters adjacent to Heinz Field               Channel 16. Persons and vessels
                                               anchoring, stopping, or drifting more                   on the Allegheny, Monongahela, and                     permitted to enter this regulated area
                                               than 100 feet from any river bank unless                Ohio Rivers before, during, and after the              must transit at their slowest safe speed
                                               authorized by the Captain of the Port                   Luke Bryan concert weekend. The Coast                  and comply with all lawful directions
                                               Marine Safety Unit Pittsburgh or a                      Guard proposes this rulemaking under                   issued by the COTP or the designated
                                               designated representative. We invite                    authority in 33 U.S.C. 1233.                           representative. The regulatory text we
                                               your comments on this proposed                             The Coast Guard is issuing this notice              are proposing appears at the end of this
                                               rulemaking.                                             of proposed rulemaking (NPRM) with a                   document.
                                                                                                       15-day prior notice and opportunity to
                                               DATES:  Comments and related material                   comment pursuant to section (b)(3) of                  IV. Regulatory Analyses
                                               must be received by the Coast Guard on                  the Administrative Procedure Act (APA)                   We developed this proposed rule after
                                               or before May 2, 2018.                                  (5 U.S.C. 553). This provision authorizes              considering numerous statutes and
                                               ADDRESSES: You may submit comments                      an agency to publish a rule in less than               Executive orders related to rulemaking.
                                               identified by docket number USCG–                       30 days before its effective date for                  Below we summarize our analyses
                                               2018–0320 using the Federal                             ‘‘good cause found and published with                  based on a number of these statutes and
                                               eRulemaking Portal at http://                           the rule.’’ Under 5 U.S.C. 553(b)(3)(B),               Executive orders and we discuss First
                                               www.regulations.gov. See the ‘‘Public                   the Coast Guard finds that good cause                  Amendment rights of protestors.
                                               Participation and Request for                           exists for publishing this NPRM with a
                                               Comments’’ portion of the                                                                                      A. Regulatory Planning and Review
                                                                                                       15-day comment period because it is
                                               SUPPLEMENTARY INFORMATION section for                   impractical to provide a 30-day                           Executive Orders 12866 and 13563
                                               further instructions on submitting                      comment period. This proposed special                  direct agencies to assess the costs and
                                               comments.                                               local regulation is necessary to ensure                benefits of available regulatory
                                                                                                       the safety of vessels and persons during               alternatives and, if regulation is
                                               FOR FURTHER INFORMATION CONTACT:     If
                                                                                                       the concert weekend. It is impracticable               necessary, to select regulatory
                                               you have questions about this proposed
                                                                                                       to publish an NPRM with a 30-day                       approaches that maximize net benefits.
                                               rulemaking, call or email Petty Officer
                                                                                                       comment period because we must                         Executive Order 13771 directs agencies
                                               Jennifer Haggins, Marine Safety Unit
                                                                                                       establish this special local regulation by             to control regulatory costs through a
                                               Pittsburgh, U.S. Coast Guard; telephone
                                                                                                       June 29, 2018. A 15-day comment                        budgeting process. This NPRM has not
                                               412–221–0807, email
                                                                                                       period would allow the Coast Guard to                  been designated a ‘‘significant
                                               Jennifer.L.Haggins@uscg.mil.
                                                                                                       provide for public notice and comment,                 regulatory action,’’ under Executive
                                               SUPPLEMENTARY INFORMATION:                              but also publish a rule, if adopted, soon              Order 12866. Accordingly, the NPRM
                                               I. Table of Abbreviations                               enough that the length of the notice and               has not been reviewed by the Office of
                                                                                                       comment period does not compromise                     Management and Budget (OMB), and
                                               CFR Code of Federal Regulations
                                                                                                       public safety.                                         pursuant to OMB guidance it is exempt
                                               COTP Captain of the Port Marine Safety
                                                 Unit Pittsburgh                                                                                              from the requirements of Executive
                                                                                                       III. Discussion of Proposed Rule
                                               DHS Department of Homeland Security                                                                            Order 13771.
                                               FR Federal Register                                        The COTP proposes to establish a                       This regulatory action determination
                                               NPRM Notice of proposed rulemaking                      special local regulation for all navigable             is based on the size and location of the
                                               § Section                                               waters of the Allegheny, Monongahela,                  special local regulation. The special
                                               U.S.C. United States Code                               and Ohio Rivers between the Ninth                      local regulation will impact a small
                                                                                                       Street Highway Bridge at mile marker                   section of the Allegheny, Monongahela,
                                               II. Background, Purpose, and Legal                      (MM) 0.8, Allegheny River, Fort Pitt
                                               Basis                                                                                                          and Ohio Rivers, less than three total
                                                                                                       Highway Bridge at MM 0.22,                             miles. Moreover, the special local
                                                  Heinz Field notified the Coast Guard                 Monongahela River, and West End-                       regulation will not stop vessels from
                                               that it would be holding a concert from                 North Side Highway Bridge at MM 0.8,                   transiting the area, it will only establish
                                               4 p.m. to 11 p.m. on June 30, 2018.                     Ohio River. The duration of the special                certain areas where vessels are
                                               Heinz Field is located in close                         local regulation is intended to ensure                 prohibited from loitering, anchoring,
                                               proximity to the banks of the Ohio and                  the safety of vessels on these navigable               stopping, remaining, or drifting because
                                               Allegheny Rivers, which is a high vessel                waters before, during, and after the                   it impedes navigation near launching
                                               traffic area used by both commercial                    concert weekend. This proposed rule                    ramps, marinas, and fleeting areas, or
                                               and recreational vessels. Due to the                    would apply to any vessel operating                    commercial traffic in the rivers.
                                               proximity of Heinz Field to these                       within the area, including a naval or                  Moreover, the Coast Guard would issue
                                               waterways, it will be a destination for                 public vessel, except a vessel engaged in              Broadcast Notice to Mariners (BNMs)
                                               many recreational vessels to anchor and                 law enforcement, servicing aids to                     via VHF–FM marine channel 16 about
amozie on DSK30RV082PROD with PROPOSALS




                                               loiter throughout the concert weekend                   navigation, or surveying, maintaining,                 the regulated area and the rule would
                                               of June 29, 2018 to July 1, 2018. The                   or improving waters within the                         allow vessels to seek permission to enter
                                               Coast Guard is concerned about possible                 regulated area. No vessel would be                     the regulated area.
                                               collisions that could occur in this area                permitted to loiter, anchor, stop, moor,
                                               and the impact of vessel congestion on                  remain or drift in any manner that                     B. Impact on Small Entities
                                               maritime commerce due to transit                        impedes safe passage of another vessel                   The Regulatory Flexibility Act of
                                               delays. The Captain of the Port Marine                  to any launching ramp, marina, or                      1980, 5 U.S.C. 601–612, as amended,
                                               Safety Unit Pittsburgh (COTP) has                       fleeting area unless authorized by the                 requires Federal agencies to consider


                                          VerDate Sep<11>2014   17:36 Apr 16, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\17APP1.SGM   17APP1


                                               16810                    Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules

                                               the potential impact of regulations on                  Order 13175, Consultation and                          person listed in the FOR FURTHER
                                               small entities during rulemaking. The                   Coordination with Indian Tribal                        INFORMATION CONTACT section to
                                               term ‘‘small entities’’ comprises small                 Governments, because it would not have                 coordinate protest activities so that your
                                               businesses, not-for-profit organizations                a substantial direct effect on one or                  message can be received without
                                               that are independently owned and                        more Indian tribes, on the relationship                jeopardizing the safety or security of
                                               operated and are not dominant in their                  between the Federal Government and                     people, places, or vessels.
                                               fields, and governmental jurisdictions                  Indian tribes, or on the distribution of
                                               with populations of less than 50,000.                   power and responsibilities between the                 V. Public Participation and Request for
                                               The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  Comments
                                               605(b) that this proposed rule would not                If you believe this proposed rule has                     We view public participation as
                                               have a significant economic impact on                   implications for federalism or Indian                  essential to effective rulemaking, and
                                               a substantial number of small entities.                 tribes, please contact the person listed               will consider all comments and material
                                                  While some owners or operators of                    in the FOR FURTHER INFORMATION                         received during the comment period.
                                               vessels intending to transit the regulated              CONTACT section.                                       Your comment can help shape the
                                               area may be small entities, for the                                                                            outcome of this rulemaking. If you
                                                                                                       E. Unfunded Mandates Reform Act
                                               reasons stated in section IV.A above,                                                                          submit a comment, please include the
                                               this proposed rule would not have a                        The Unfunded Mandates Reform Act
                                                                                                                                                              docket number for this rulemaking,
                                               significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                                                                              indicate the specific section of this
                                               vessel owner or operator.                               Federal agencies to assess the effects of
                                                                                                                                                              document to which each comment
                                                  If you think that your business,                     their discretionary regulatory actions. In
                                                                                                                                                              applies, and provide a reason for each
                                               organization, or governmental                           particular, the Act addresses actions
                                                                                                                                                              suggestion or recommendation.
                                               jurisdiction qualifies as a small entity                that may result in the expenditure by a
                                               and that this rule would have a                         State, local, or tribal government, in the                We encourage you to submit
                                               significant economic impact on it,                      aggregate, or by the private sector of                 comments through the Federal
                                               please submit a comment (see                            $100,000,000 (adjusted for inflation) or               eRulemaking Portal at http://
                                               ADDRESSES) explaining why you think it                  more in any one year. Though this                      www.regulations.gov. If your material
                                               qualifies and how and to what degree                    proposed rule would not result in such                 cannot be submitted using http://
                                               this rule would economically affect it.                 an expenditure, we do discuss the                      www.regulations.gov, contact the person
                                                  Under section 213(a) of the Small                    effects of this rule elsewhere in this                 in the FOR FURTHER INFORMATION
                                               Business Regulatory Enforcement                         preamble.                                              CONTACT section of this document for
                                               Fairness Act of 1996 (Pub. L. 104–121),                                                                        alternate instructions.
                                                                                                       F. Environment
                                               we want to assist small entities in                                                                               We accept anonymous comments. All
                                               understanding this proposed rule. If the                  We have analyzed this proposed rule                  comments received will be posted
                                               rule would affect your small business,                  under Department of Homeland                           without change to http://
                                               organization, or governmental                           Security Management Directive 023–01                   www.regulations.gov and will include
                                               jurisdiction and you have questions                     and Commandant Instruction                             any personal information you have
                                               concerning its provisions or options for                M16475.lD, which guide the Coast                       provided. For more about privacy and
                                               compliance, please contact the person                   Guard in complying with the National                   the docket, visit http://
                                               listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                   www.regulations.gov/privacyNotice.
                                               CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a
                                                                                                       preliminary determination that this                       Documents mentioned in this NPRM
                                               not retaliate against small entities that                                                                      as being available in the docket, and all
                                               question or complain about this                         action is one of a category of actions that
                                                                                                       do not individually or cumulatively                    public comments, will be in our online
                                               proposed rule or any policy or action of                                                                       docket at http://www.regulations.gov
                                               the Coast Guard.                                        have a significant effect on the human
                                                                                                       environment. This proposed rule                        and can be viewed by following that
                                               C. Collection of Information                            involves a special local regulation that               website’s instructions. Additionally, if
                                                                                                       prohibits vessels from loitering,                      you go to the online docket and sign up
                                                 This proposed rule would not call for
                                                                                                       anchoring, stopping, remaining or                      for email alerts, you will be notified
                                               a new collection of information under
                                                                                                       drifting more than 100 feet from any                   when comments are posted or a final
                                               the Paperwork Reduction Act of 1995
                                                                                                       bank. Normally such actions are                        rule is published.
                                               (44 U.S.C. 3501–3520).
                                                                                                       categorically excluded from further                    List of Subjects in 33 CFR Part 100
                                               D. Federalism and Indian Tribal                         review under paragraph L61 of
                                               Governments                                             Appendix A, Table 1 of Implementation                    Marine safety, Navigation (water),
                                                  A rule has implications for federalism               of the National Environmental Policy                   Reporting and recordkeeping
                                               under Executive Order 13132,                            Act, Department of Homeland Security                   requirements, Security measures,
                                               Federalism, if it has a substantial direct              Instruction Manual 023–01–001–01. A                    Waterways.
                                               effect on the States, on the relationship               preliminary environmental analysis                       For the reasons discussed in the
                                               between the national government and                     checklist and Categorical Exclusion                    preamble, the Coast Guard proposes to
                                               the States, or on the distribution of                   Determination are available in the                     amend 33 CFR part 100 as follows:
                                               power and responsibilities among the                    docket where indicated under
                                               various levels of government. We have                   ADDRESSES. We seek any comments or                     PART 100—SAFETY OF LIFE ON
amozie on DSK30RV082PROD with PROPOSALS




                                               analyzed this proposed rule under that                  information that may lead to the                       NAVIGABLE WATERS
                                               Order and have determined that it is                    discovery of a significant environmental
                                               consistent with the fundamental                         impact from this proposed rule.                        ■ 1. The authority citation for part 100
                                               federalism principles and preemption                                                                           continues to read as follows:
                                               requirements described in Executive                     G. Protest Activities
                                                                                                                                                                  Authority: 33 U.S.C. 1233.
                                               Order 13132.                                              The Coast Guard respects the First
                                                  Also, this proposed rule does not have               Amendment rights of protesters.                        ■ 2. Add § 100.T08–0320 to read as
                                               tribal implications under Executive                     Protesters are asked to contact the                    follows:


                                          VerDate Sep<11>2014   17:36 Apr 16, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\17APP1.SGM   17APP1


                                                                        Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules                                            16811

                                               § 100.T08–0320 Special Local Regulation;                DEPARTMENT OF HOMELAND                                 II. Background, Purpose, and Legal
                                               Monongahela River (MM 0.22), Allegheny                  SECURITY                                               Basis
                                               River (MM 0.8), and Ohio River (MM 0.8),
                                               Pittsburgh, PA.                                                                                                   The Captain of the Port Sector Upper
                                                                                                       Coast Guard
                                                                                                                                                              Mississippi River (COTP) proposes to
                                                 (a) Location. The following is a
                                                                                                                                                              amend 33 CFR 165.801 to update the
                                               special local regulation for all navigable              33 CFR Part 165
                                                                                                                                                              table of annual fireworks displays and
                                               waters of the Allegheny, Monongahela,
                                                                                                       [Docket Number USCG–2018–0038]                         other marine-related events in Coast
                                               and Ohio Rivers between the Ninth
                                                                                                                                                              Guard Sector Upper Mississippi River.
                                               Street Highway Bridge at mile marker
                                                                                                       RIN 1625–AA00                                          The current list of annual and recurring
                                               (MM) 0.8, Allegheny River, Fort Pitt
                                                                                                                                                              safety zones in Sector Upper Mississippi
                                               Highway Bridge at MM 0.22,                              Safety Zones; Coast Guard Sector                       River is published in Table 2 of 33 CFR
                                               Monongahela River, and West End-                        Upper Mississippi River Annual and                     165.801. That most recent table was
                                               North Side Highway Bridge at MM 0.8,                    Recurring Safety Zones Update                          created through the final rule published
                                               Ohio River.
                                                                                                                                                              on June 21, 2017 (82 FR 28235). The
                                                 (b) Applicability. This section applies               AGENCY:   Coast Guard, DHS.
                                                                                                                                                              current table in 33 CFR 165.801 needs
                                               to any vessel operating within the area,                ACTION:   Notice of proposed rulemaking.               to be amended to include new safety
                                               including a naval or public vessel,                                                                            zones expected to recur annually or
                                               except a vessel engaged in:                             SUMMARY:  The Coast Guard proposes to
                                                                                                       amend its safety zone regulations for                  biannually, remove safety zones no
                                                 (1) Law enforcement;                                                                                         longer recurring, and provide new
                                                 (2) Servicing aids to navigation; or                  annual events in Coast Guard Sector
                                                                                                       Upper Mississippi River. This proposed                 information on existing safety zones.
                                                 (3) Surveying, maintaining, or                                                                                  The proposed annually recurring
                                               improving waters within the regulated                   rule would add one new recurring safety
                                                                                                                                                              safety zones are necessary to provide for
                                               area.                                                   zone, remove four safety zones, and
                                                                                                                                                              the safety of life on navigable waters
                                                                                                       amend the sponsor/name, date, and/or
                                                 (c) Regulations. (1) In accordance with                                                                      during the events. Based on the nature
                                                                                                       safety zones for three recurring safety
                                               the general regulations in § 100.801 of                                                                        of these marine events, large numbers of
                                                                                                       zones already listed in the current table.
                                               this part, no vessel shall loiter, anchor,                                                                     participants and spectators, and event
                                                                                                       This action is necessary to protect
                                               stop, moor, remain or drift in any                                                                             locations, the COTP has determined that
                                                                                                       spectators, participants, and vessels
                                               manner as to impede safe passage of                                                                            the events listed in this proposed rule
                                                                                                       from the hazards associated with annual
                                               another vessel to any launching ramp,                                                                          could pose a risk to participants or
                                                                                                       marine events. This proposed
                                               marina, or fleeting area unless                                                                                waterways users if the normal vessel
                                                                                                       rulemaking would restrict vessel traffic
                                               authorized by the Captain of the Port                                                                          traffic were to interfere with the events.
                                                                                                       from the safety zones during the events
                                               Marine Safety Unit Pittsburgh (COTP) or                                                                        Possible hazards include risks of injury
                                                                                                       unless authorized by the Captain of the
                                               a designated representative. They may                                                                          or death from near or actual contact
                                                                                                       Port Sector Upper Mississippi River or
                                               be contacted on VHF–FM Channel 16.                                                                             among participant vessels and
                                                                                                       a designated representative. We invite
                                                 (2) No vessel shall loiter, anchor, stop,                                                                    spectators or mariners traversing
                                                                                                       your comments on this proposed
                                               moor, remain or drift at any time more                                                                         through the safety zone. In order to
                                                                                                       rulemaking.
                                               than 100 feet from any river bank within                                                                       protect the safety of all waterway users,
                                               the regulated area unless authorized by                 DATES:  Comments and related material                  including event participants and
                                               the COTP or a designated                                must be received by the Coast Guard on                 spectators, this proposed rule would
                                               representative.                                         or before May 17, 2018.                                establish safety zones for the time and
                                                 (3) Persons and vessels permitted to                  ADDRESSES: You may submit comments                     location of each marine event.
                                               enter this regulated area must transit at               identified by docket number USCG–                         This purpose of this proposed
                                               their slowest safe speed and comply                     2018–0038 using the Federal                            rulemaking is to ensure the safety of
                                               with all lawful directions issued by the                eRulemaking Portal at http://                          vessels on the navigable waters in the
                                               COTP or the designated representative.                  www.regulations.gov. See the ‘‘Public                  safety zones during the scheduled
                                                 (4) Persons and vessels permitted to                  Participation and Request for                          events. Vessels would not be permitted
                                               enter this regulated area must transit at               Comments’’ portion of the                              to enter the safety zone unless
                                               their slowest safe speed and comply                     SUPPLEMENTARY INFORMATION section for                  authorized by the COTP or a designated
                                               with all lawful directions issued by the                further instructions on submitting                     representative. The Coast Guard
                                               COTP or the designated representative.                  comments.                                              proposes this rulemaking under
                                                 (d) Effective period. This section will                                                                      authority in 33 U.S.C. 1231.
                                                                                                       FOR FURTHER INFORMATION CONTACT:   If
                                               be effective from 4 p.m. on June 29,                    you have questions on this proposed                    III. Discussion of Proposed Rule
                                               2018 through noon on July 1, 2018.                      rule, call or email Lieutenant                           The COTP proposes to amend its
                                                 (e) Informational broadcasts. The                     Commander Sean Peterson, Chief of                      safety zone regulations for annual
                                               COTP or a designated representative                     Prevention, U.S. Coast Guard; telephone                events in Coast Guard Sector Upper
                                               will inform the public through                          (314) 269–2568, email                                  Mississippi River listed in Table 2 of 33
                                               Broadcast Notices to Mariners (BNMs)                    Sean.M.Peterson@uscg,mil.                              CFR 165.801. This section requires
                                               of the enforcement period for the                       SUPPLEMENTARY INFORMATION:                             amendment from time to time to
                                               regulated area as well as any changes in
                                                                                                       I. Table of Abbreviations                              properly reflect the recurring safety
                                               the dates and times of enforcement.
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                                                                              zone regulations in Sector Upper
                                                 Dated: April 12, 2018.                                CFR Code of Federal Regulations                        Mississippi River. This rule would add
                                               F.M. Smith,                                             COTP Captain of the Port Sector Upper                  one new recurring safety zone, remove
                                                                                                         Mississippi River
                                               Lieutenant Commander, U.S. Coast Guard,
                                                                                                       DHS Department of Homeland Security
                                                                                                                                                              four no longer recurring safety zones,
                                               Captain of the Port Marine Safety Unit                                                                         and amend the sponsor/name, date,
                                                                                                       FR Federal Register
                                               Pittsburgh, Acting.                                                                                            and/or safety zones for three recurring
                                                                                                       NPRM Notice of proposed rulemaking
                                               [FR Doc. 2018–08032 Filed 4–16–18; 8:45 am]             § Section                                              safety zones already listed in the current
                                               BILLING CODE 9110–04–P                                  U.S.C. United States Code                              table. Other than this one new safety


                                          VerDate Sep<11>2014   17:38 Apr 16, 2018   Jkt 244001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\17APP1.SGM   17APP1



Document Created: 2018-04-17 02:52:03
Document Modified: 2018-04-17 02:52:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 2, 2018.
ContactIf 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]
FR Citation83 FR 16808 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR