83_FR_23321 83 FR 23224 - Special Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh Pennsylvania

83 FR 23224 - Special Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh Pennsylvania

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range23224-23226
FR Document2018-10624

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

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23224-23226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10624]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0224 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Jennifer Haggins, Marine Safety Unit 
Pittsburgh Waterways Division, U.S. Coast Guard; telephone 412-221-
0807, email Jennifer.L.Haggins@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 7, 2018, Heinz Field notified the Coast Guard that it 
would be holding a concert from 4 p.m. to 11 p.m. on June 2, 2018. 
Heinz Field is located in close proximity to the banks of the Ohio and 
Allegheny Rivers, which are high vessel traffic areas used by both 
commercial and recreational vessels. Due to the proximity of Heinz 
Field to these waterways, it will be a destination for many 
recreational vessels to anchor and loiter throughout the concert 
weekend of June 1, 2018 to June 3, 2018. In response to the 
notification, on April 19, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulation; 
Monongahela, Allegheny, and Ohio Rivers, Pittsburgh PA (83 FR 17333). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this concert. During the comment 
period that ended May 4, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to respond to the potential safety concerns and 
hazards that could occur in this area during the concert.

III. Legal Authority and Need for Rule

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

[[Page 23225]]

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

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
19, 2018. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a special local regulation from 4 p.m. on 
June 1, 2018 through 3 p.m. on June 3, 2018. The special local 
regulation will cover all navigable waters of the Allegheny, 
Monongahela, and Ohio Rivers between the Ninth Street Highway Bridge at 
mile marker (MM) 0.8, Allegheny River, Fort Pitt Highway Bridge at MM 
0.22, Monongahela River, and West End-North Side Highway Bridge at MM 
0.8, Ohio River. The duration of the zone is intended to ensure the 
safety of vessels on these navigable waters. This special local 
regulation applies to any vessel operating within the area, including a 
naval or public vessel, except a vessel engaged in law enforcement, 
servicing aids to navigation, or surveying, maintaining, or improving 
waters within the regulated area. No vessel is permitted to loiter, 
anchor, stop, moor, remain or drift in any manner that impedes safe 
passage of another vessel to any launching ramp, marina, or fleeting 
area unless authorized by the COTP or a designated representative. In 
addition, no vessel or person is permitted to loiter, anchor, stop, 
remain, or drift more than 100 feet from any riverbank unless 
authorized by the COTP or a designated representative. Persons and 
vessels seeking entry into the regulated area must request permission 
from the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel 
16. Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated as a ``significant regulatory action,'' under Executive 
Order 12866. Accordingly, this rule has not been reviewed by the Office 
of Management and Budget (OMB), and pursuant to OMB guidance it is 
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
location of the special local regulation. The special local regulation 
will impact a small section of the Allegheny, Monongahela, and Ohio 
Rivers, less than three total miles. Moreover, the special local 
regulation will not stop vessels from transiting the area, it will only 
establish certain areas where vessels are prohibited from loitering, 
anchoring, stopping, or drifting.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

[[Page 23226]]

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves a 
special local regulation covering less than 3 miles and lasting 
approximately 3 days. It will prohibit persons and vessels from 
loitering, anchoring, stopping, or drifting more than 100 feet from any 
riverbank or act in a manner that impedes the passage of another vessel 
to any launching ramp, marina, or fleeting area. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

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


Sec.  100.T08-0224   Special Local Regulation; Monongahela, Allegheny, 
and Ohio Rivers, Pittsburgh, PA.

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

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



                                              23224                 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations

                                              jeopardizing the safety or security of                  is any Coast Guard commissioned,                      available in the docket, go to http://
                                              people, places or vessels.                              warrant or petty officer who has been                 www.regulations.gov, type USCG–2018–
                                                                                                      designated by the Captain of the Port,                0224 in the ‘‘SEARCH’’ box and click
                                              List of Subjects in 33 CFR Part 165
                                                                                                      Lake Michigan to act on his or her                    ‘‘SEARCH.’’ Click on Open Docket
                                                Harbors, Marine safety, Navigation                    behalf.                                               Folder on the line associated with this
                                              (water), Reporting and recordkeeping                       (4) Vessel operators desiring to enter             rule.
                                              requirements, Security measures,                        or operate within the safety zone shall               FOR FURTHER INFORMATION CONTACT: If
                                              Waterways.                                              contact the Captain of the Port, Lake                 you have questions on this rule, call or
                                                For the reasons discussed in the                      Michigan or an on-scene representative                email Petty Officer Jennifer Haggins,
                                              preamble, the Coast Guard amends 33                     to obtain permission to do so. The                    Marine Safety Unit Pittsburgh
                                              CFR part 165 as follows:                                Captain of the Port, Lake Michigan or an              Waterways Division, U.S. Coast Guard;
                                                                                                      on-scene representative may be                        telephone 412–221–0807, email
                                              PART 165—REGULATED NAVIGATION                           contacted via VHF Channel 16 or at                    Jennifer.L.Haggins@uscg.mil.
                                              AREAS AND LIMITED ACCESS AREAS                          (414) 747–7182.                                       SUPPLEMENTARY INFORMATION:
                                              ■ 1. The authority citation for part 165                  Dated: April 26, 2018.
                                                                                                                                                            I. Table of Abbreviations
                                              continues to read as follows:                           Thomas J. Stuhlreyer,
                                                                                                      Captain, U.S. Coast Guard, Captain of the             CFR Code of Federal Regulations
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   COTP Captain of the Port Marine Safety
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Port, Lake Michigan.
                                                                                                                                                              Unit Pittsburgh
                                              Department of Homeland Security Delegation              [FR Doc. 2018–10674 Filed 5–17–18; 8:45 am]
                                                                                                                                                            DHS Department of Homeland Security
                                              No. 0170.1.                                             BILLING CODE 9110–04–P                                FR Federal Register
                                              ■   2. Add § 165.932 to read as follows:                                                                      NPRM Notice of proposed rulemaking
                                                                                                                                                            § Section
                                              § 165.932 Safety Zone; Ohio Street Beach                DEPARTMENT OF HOMELAND                                U.S.C. United States Code
                                              Swim Course, Lake Michigan, Chicago                     SECURITY
                                              Harbor, Chicago, IL.                                                                                          II. Background Information and
                                                (a) Location. All U.S. navigable waters               Coast Guard                                           Regulatory History
                                              of Lake Michigan bound by a line drawn                                                                          On March 7, 2018, Heinz Field
                                              from 41°53.7767′ N, 087°36.48′ W then                   33 CFR Part 100                                       notified the Coast Guard that it would
                                              North to 41°53.9517′ N, 087°36.505′ W                   [Docket Number USCG–2018–0224]                        be holding a concert from 4 p.m. to 11
                                              then Northwest to 41°54.1533′ N,                                                                              p.m. on June 2, 2018. Heinz Field is
                                              087°36.6933′ W then Southwest to                        RIN 1625–AA08                                         located in close proximity to the banks
                                              41°54.065′ N, 087°37.1517′ W then                                                                             of the Ohio and Allegheny Rivers,
                                              Southeast to 41°53.6033′ N,                             Special Local Regulation;                             which are high vessel traffic areas used
                                              087°36.8333′ W then East to 41°53.6317′                 Monongahela, Allegheny, and Ohio                      by both commercial and recreational
                                              N, 087°36.7017′ W and then along the                    Rivers, Pittsburgh Pennsylvania                       vessels. Due to the proximity of Heinz
                                              shoreline back to the point of origin                   AGENCY:    Coast Guard, DHS.                          Field to these waterways, it will be a
                                              (NAD83).                                                                                                      destination for many recreational
                                                                                                      ACTION:   Temporary final rule.
                                                (b) Enforcement period. The safety                                                                          vessels to anchor and loiter throughout
                                              zone established by this section will be                SUMMARY:    The Coast Guard is                        the concert weekend of June 1, 2018 to
                                              enforced only upon notice by the                        establishing a temporary special local                June 3, 2018. In response to the
                                              Captain of the Port, Lake Michigan. The                 regulation for parts of the navigable                 notification, on April 19, 2018, the
                                              Captain of the Port, Lake Michigan will                 waters of the Allegheny, Monongahela,                 Coast Guard published a notice of
                                              publish notices of enforcement in                       and Ohio Rivers. This action is                       proposed rulemaking (NPRM) titled
                                              accordance with 33 CFR 165.7(a) and in                  necessary to ensure safety of life on                 Special Local Regulation; Monongahela,
                                              a manner that provides as much notice                   these navigable waters during the                     Allegheny, and Ohio Rivers, Pittsburgh
                                              as possible. The primary method of                      weekend of the Kenny Chesney concert                  PA (83 FR 17333). There we stated why
                                              notification will be through publication                at Heinz Field. Persons and vessels are               we issued the NPRM, and invited
                                              to the Federal Register. The Captain of                 prohibited from loitering, anchoring,                 comments on our proposed regulatory
                                              the Port, Lake Michigan, may also                       stopping, mooring, remaining, or                      action related to this concert. During the
                                              provide notice through other means,                     drifting in any manner that impedes safe              comment period that ended May 4,
                                              such as Broadcast Notice to Mariners,                   passage of another vessel to any                      2018, we received no comments.
                                              Local Notice to Mariners, local news                    launching ramp, marina, or fleeting area                Under 5 U.S.C. 553(d)(3), the Coast
                                              media, distribution in leaflet form, and                unless authorized by the Captain of the               Guard finds that good cause exists for
                                              on-scene oral notice.                                   Port Marine Safety Unit Pittsburgh or a               making this rule effective less than 30
                                                 (c) Regulations. (1) In accordance with              designated representative. In addition,               days after publication in the Federal
                                              the general regulations in § 165.23 of                  persons and vessels are prohibited from               Register. Delaying the effective date of
                                              this part, entry into, transiting, or                   loitering, anchoring, stopping, or                    this rule would be contrary to the public
                                              anchoring within this safety zone is                    drifting more than 100 feet from any                  interest because immediate action is
                                              prohibited unless authorized by the                     riverbank unless authorized by the                    needed to respond to the potential
                                              Captain of the Port, Lake Michigan or a                 Captain of the Port Marine Safety Unit                safety concerns and hazards that could
                                              designated on-scene representative.                     Pittsburgh or a designated                            occur in this area during the concert.
sradovich on DSK3GMQ082PROD with RULES




                                                 (2) This safety zone is closed to all                representative.
                                              vessel traffic, except as may be                                                                              III. Legal Authority and Need for Rule
                                              permitted by the Captain of the Port,                   DATES: This rule is effective from 4 p.m.               The Coast Guard is issuing this rule
                                              Lake Michigan or a designated on-scene                  on June 1, 2018 through 3 p.m. on June                under authority in 33 U.S.C. 1233. The
                                              representative.                                         3, 2018.                                              Captain of the Port Marine Safety Unit
                                                 (3) The ‘‘on-scene representative’’ of               ADDRESSES: To view documents                          Pittsburgh (COTP) has determined that
                                              the Captain of the Port, Lake Michigan                  mentioned in this preamble as being                   this special local regulation is necessary


                                         VerDate Sep<11>2014   15:59 May 17, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\18MYR1.SGM   18MYR1


                                                                    Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations                                         23225

                                              to maintain an open navigation channel                  lawful directions issued by the COTP or                  Under section 213(a) of the Small
                                              and ensure the safety of vessels on these               the designated representative.                        Business Regulatory Enforcement
                                              navigable waters during the concert                                                                           Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                      V. Regulatory Analyses
                                              weekend. Risk of collisions near Heinz                                                                        we want to assist small entities in
                                              Field is a safety concern for any vessel                  We developed this rule after                        understanding this rule. If the rule
                                              loitering, anchoring, stopping, or                      considering numerous statutes and                     would affect your small business,
                                              drifting more than 100 feet from a                      Executive orders related to rulemaking.               organization, or governmental
                                              riverbank or in a manner that impedes                   Below we summarize our analyses                       jurisdiction and you have questions
                                              the passage of another vessel to any                    based on a number of these statutes and               concerning its provisions or options for
                                              launching ramp, marina, or fleeting                     Executive orders, and we discuss First                compliance, please contact the person
                                              area. The purpose of this rulemaking is                 Amendment rights of protestors.                       listed in the FOR FURTHER INFORMATION
                                              to ensure the safety of vessels on the                  A. Regulatory Planning and Review                     CONTACT section.
                                              navigable waters adjacent to Heinz                                                                               Small businesses may send comments
                                              Field, the Allegheny, Monongahela, and                     Executive Orders 12866 and 13563
                                                                                                      direct agencies to assess the costs and               on the actions of Federal employees
                                              Ohio Rivers before, during, and after the
                                                                                                      benefits of available regulatory                      who enforce, or otherwise determine
                                              Kenny Chesney concert weekend.
                                                                                                      alternatives and, if regulation is                    compliance with, Federal regulations to
                                              IV. Discussion of Comments, Changes,                    necessary, to select regulatory                       the Small Business and Agriculture
                                              and the Rule                                            approaches that maximize net benefits.                Regulatory Enforcement Ombudsman
                                                 As noted above, we received no                       Executive Order 13771 directs agencies                and the Regional Small Business
                                              comments on our NPRM published                          to control regulatory costs through a                 Regulatory Fairness Boards. The
                                              April 19, 2018. There are no changes in                 budgeting process. This rule has not                  Ombudsman evaluates these actions
                                              the regulatory text of this rule from the               been designated as a ‘‘significant                    annually and rates each agency’s
                                              proposed rule in the NPRM.                              regulatory action,’’ under Executive                  responsiveness to small business. If you
                                                 This rule establishes a special local                Order 12866. Accordingly, this rule has               wish to comment on actions by
                                              regulation from 4 p.m. on June 1, 2018                  not been reviewed by the Office of                    employees of the Coast Guard, call 1–
                                              through 3 p.m. on June 3, 2018. The                     Management and Budget (OMB), and                      888–REG–FAIR (1–888–734–3247). The
                                              special local regulation will cover all                 pursuant to OMB guidance it is exempt                 Coast Guard will not retaliate against
                                              navigable waters of the Allegheny,                      from the requirements of Executive                    small entities that question or complain
                                              Monongahela, and Ohio Rivers between                    Order 13771.                                          about this rule or any policy or action
                                              the Ninth Street Highway Bridge at mile                    This regulatory action determination               of the Coast Guard.
                                              marker (MM) 0.8, Allegheny River, Fort                  is based on the size and location of the              C. Collection of Information
                                              Pitt Highway Bridge at MM 0.22,                         special local regulation. The special
                                              Monongahela River, and West End-                        local regulation will impact a small                    This rule will not call for a new
                                              North Side Highway Bridge at MM 0.8,                    section of the Allegheny, Monongahela,                collection of information under the
                                              Ohio River. The duration of the zone is                 and Ohio Rivers, less than three total                Paperwork Reduction Act of 1995 (44
                                              intended to ensure the safety of vessels                miles. Moreover, the special local                    U.S.C. 3501–3520).
                                              on these navigable waters. This special                 regulation will not stop vessels from
                                              local regulation applies to any vessel                  transiting the area, it will only establish           D. Federalism and Indian Tribal
                                              operating within the area, including a                  certain areas where vessels are                       Governments
                                              naval or public vessel, except a vessel                 prohibited from loitering, anchoring,                    A rule has implications for federalism
                                              engaged in law enforcement, servicing                   stopping, or drifting.                                under Executive Order 13132,
                                              aids to navigation, or surveying,
                                                                                                      B. Impact on Small Entities                           Federalism, if it has a substantial direct
                                              maintaining, or improving waters
                                              within the regulated area. No vessel is                    The Regulatory Flexibility Act of                  effect on the States, on the relationship
                                              permitted to loiter, anchor, stop, moor,                1980, 5 U.S.C. 601–612, as amended,                   between the national government and
                                              remain or drift in any manner that                      requires Federal agencies to consider                 the States, or on the distribution of
                                              impedes safe passage of another vessel                  the potential impact of regulations on                power and responsibilities among the
                                              to any launching ramp, marina, or                       small entities during rulemaking. The                 various levels of government. We have
                                              fleeting area unless authorized by the                  term ‘‘small entities’’ comprises small               analyzed this rule under that Order and
                                              COTP or a designated representative. In                 businesses, not-for-profit organizations              have determined that it is consistent
                                              addition, no vessel or person is                        that are independently owned and                      with the fundamental federalism
                                              permitted to loiter, anchor, stop, remain,              operated and are not dominant in their                principles and preemption requirements
                                              or drift more than 100 feet from any                    fields, and governmental jurisdictions                described in Executive Order 13132.
                                              riverbank unless authorized by the                      with populations of less than 50,000.                    Also, this rule does not have tribal
                                              COTP or a designated representative.                    The Coast Guard received no comments                  implications under Executive Order
                                              Persons and vessels seeking entry into                  from the Small Business Administration                13175, Consultation and Coordination
                                              the regulated area must request                         on this rulemaking. The Coast Guard                   with Indian Tribal Governments,
                                              permission from the COTP or a                           certifies under 5 U.S.C. 605(b) that this             because it does not have a substantial
                                              designated representative. A designated                 rule will not have a significant                      direct effect on one or more Indian
                                              representative is a commissioned,                       economic impact on a substantial                      tribes, on the relationship between the
                                              warrant, or petty officer of the U.S.                   number of small entities.                             Federal Government and Indian tribes,
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                                              Coast Guard assigned to units under the                    While some owners or operators of                  or on the distribution of power and
                                              operational control of USCG Marine                      vessels intending to transit the regulated            responsibilities between the Federal
                                              Safety Unit Pittsburgh. They may be                     area may be small entities, for the                   Government and Indian tribes. If you
                                              contacted on VHF–FM Channel 16.                         reasons stated in section V.A above, this             believe this rule has implications for
                                              Persons and vessels permitted to enter                  rule will not have a significant                      federalism or Indian tribes, please
                                              this regulated area must transit at their               economic impact on any vessel owner                   contact the person listed in the FOR
                                              slowest safe speed and comply with all                  or operator.                                          FURTHER INFORMATION CONTACT section.



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                                              23226                 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations

                                              E. Unfunded Mandates Reform Act                         PART 100—SAFETY OF LIFE ON                             changes in the dates and times of
                                                                                                      NAVIGABLE WATERS                                       enforcement through Local Notice to
                                                The Unfunded Mandates Reform Act                                                                             Mariners (LNMs), Broadcast Notices to
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 1. The authority citation for part 100               Mariners (BNMs), and/or Marine Safety
                                              Federal agencies to assess the effects of               continues to read as follows:                          Information Bulletins (MSIBs) as
                                              their discretionary regulatory actions. In                   Authority: 33 U.S.C. 1233; 33 CFR 1.05–           appropriate.
                                              particular, the Act addresses actions                   1.                                                       Dated: May 9, 2018.
                                              that may result in the expenditure by a                 ■ 2. Add § 100.T08–0224 to read as                     L. McClain, Jr.,
                                              State, local, or tribal government, in the              follows:
                                              aggregate, or by the private sector of                                                                         Commander, U.S. Coast Guard, Captain of
                                                                                                      § 100.T08–0224 Special Local Regulation;               the Port Marine Safety Unit Pittsburgh.
                                              $100,000,000 (adjusted for inflation) or
                                                                                                      Monongahela, Allegheny, and Ohio Rivers,               [FR Doc. 2018–10624 Filed 5–17–18; 8:45 am]
                                              more in any one year. Though this rule
                                              will not result in such an expenditure,                 Pittsburgh, PA.                                        BILLING CODE 9110–04–P

                                              we do discuss the effects of this rule                    (a) Location. The following is a
                                              elsewhere in this preamble.                             special local regulation for all navigable
                                                                                                      waters of the Allegheny, Monongahela,                  DEPARTMENT OF HOMELAND
                                              F. Environment                                          and Ohio Rivers between the Ninth                      SECURITY
                                                                                                      Street Highway Bridge at mile marker
                                                 We have analyzed this rule under                                                                            Coast Guard
                                                                                                      (MM) 0.8, Allegheny River, Fort Pitt
                                              Department of Homeland Security                         Highway Bridge at MM 0.22,
                                              Directive 023–01 and Commandant                                                                                33 CFR Part 165
                                                                                                      Monongahela River, and West End-
                                              Instruction M16475.1D, which guide the                  North Side Highway Bridge at MM 0.8,                   [Docket Number USCG–2018–0441]
                                              Coast Guard in complying with the                       Ohio River.
                                              National Environmental Policy Act of                                                                           RIN 1625–AA00
                                                                                                        (b) Applicability. This section applies
                                              1969(42 U.S.C. 4321–4370f), and have                    to any vessel operating within the area,               Safety Zone; Ohio River Mile Marker
                                              determined that this action is one of a                 including a naval or public vessel,                    27.8 to Mile Marker 28.2, Vanport, PA
                                              category of actions that do not                         except a vessel engaged in:
                                              individually or cumulatively have a                       (1) Law enforcement;                                 AGENCY:    Coast Guard, DHS.
                                              significant effect on the human                           (2) Servicing aids to navigation; or                 ACTION:   Temporary final rule.
                                              environment. This rule involves a                         (3) Surveying, maintaining, or
                                              special local regulation covering less                  improving waters within the regulated                  SUMMARY:   The Coast Guard is
                                              than 3 miles and lasting approximately                  area.                                                  establishing a temporary safety zone for
                                              3 days. It will prohibit persons and                      (c) Regulations. (1) In accordance with              all navigable waters of the Ohio River
                                              vessels from loitering, anchoring,                      the general regulations in § 100.801, no               from mile marker 27.8 to mile marker
                                              stopping, or drifting more than 100 feet                vessel shall loiter, anchor, stop, moor,               28.2 near the Vanport Highway Bridge.
                                              from any riverbank or act in a manner                   remain, drift, or act in any manner as to              This safety zone is needed to protect
                                              that impedes the passage of another                     impede safe passage of another vessel to               personnel, vessels, and the marine
                                              vessel to any launching ramp, marina,                   any launching ramp, marina, or fleeting                environment from potential hazards
                                              or fleeting area. It is categorically                   area unless authorized by the Captain of               created by two separately occurring
                                              excluded from further review under                      the Port Marine Safety Unit Pittsburgh                 cargo movements near the Vanport
                                                                                                      (COTP) or a designated representative.                 Highway Bridge in Vanport, PA. Entry
                                              paragraph L61 of Appendix A, Table 1
                                                                                                        (2) No vessel shall loiter, anchor, stop,            of vessels or persons into the zone is
                                              of DHS Instruction Manual 023–01–
                                                                                                      moor, remain or drift at any time more                 prohibited unless authorized by the
                                              001–01, Rev. 01. A Record of
                                                                                                      than 100 feet from any riverbank within                Captain of the Port Marine Safety Unit
                                              Environmental Consideration
                                                                                                      the regulated area unless authorized by                Pittsburgh or a designated
                                              supporting this determination is
                                                                                                      the COTP or a designated                               representative.
                                              available in the docket where indicated
                                              under ADDRESSES.                                        representative.                                        DATES: This rule is effective without
                                                                                                        (3) Persons and vessels seeking entry                actual notice from May 18, 2018 through
                                              G. Protest Activities                                   into the regulated area must request                   6 p.m. on May 27, 2018. For the
                                                                                                      permission from the COTP or a                          purposes of enforcement, actual notice
                                                The Coast Guard respects the First                    designated representative. A designated                will be used from 8 a.m. on May 12,
                                              Amendment rights of protesters.                         representative is a commissioned,                      2018 through May 18, 2018.
                                              Protesters are asked to contact the                     warrant, or petty officer of the U.S.                  ADDRESSES: To view documents
                                              person listed in the FOR FURTHER                        Coast Guard assigned to units under the                mentioned in this preamble as being
                                              INFORMATION CONTACT section to                          operational control of USCG Marine                     available in the docket, go to http://
                                              coordinate protest activities so that your              Safety Unit Pittsburgh. They may be                    www.regulations.gov, type USCG–2018–
                                              message can be received without                         contacted on VHF–FM Channel 16.                        0441 in the ‘‘SEARCH’’ box and click
                                              jeopardizing the safety or security of                    (4) Persons and vessels permitted to                 ‘‘SEARCH.’’ Click on Open Docket
                                              people, places or vessels.                              enter the regulated area must transit at               Folder on the line associated with this
                                                                                                      their slowest safe speed and comply                    rule.
                                              List of Subjects in 33 CFR Part 100                     with all lawful directions issued by the
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: If
                                                Marine safety, Navigation (water),                    COTP or the designated representative.
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                                                                                                        (d) Effective period. This section will              you have questions on this rule, call or
                                              Reporting and recordkeeping                                                                                    email Petty Officer Jennifer Haggins,
                                              requirements, Security measures,                        be effective from 4 p.m. on June 1, 2018
                                                                                                      through 3 p.m. on June 3, 2018.                        Marine Safety Unit Pittsburgh, U.S.
                                              Waterways.                                                                                                     Coast Guard, at telephone 412–221–
                                                                                                        (e) Informational broadcasts. The
                                                For the reasons discussed in the                      COTP or a designated representative                    0807, email Jennifer.L.Haggins@
                                              preamble, the Coast Guard amends 33                     will inform the public of the effective                uscg.mil.
                                              CFR part 100 as follows:                                period for the safety zone as well as any              SUPPLEMENTARY INFORMATION:



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Document Created: 2018-05-18 02:15:54
Document Modified: 2018-05-18 02:15:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 4 p.m. on June 1, 2018 through 3 p.m. on June 3, 2018.
ContactIf 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]
FR Citation83 FR 23224 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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