Special Local Regulation; Monongahela River (MM 0.22), Allegheny River (MM 0.8), and Ohio River (0.8), Pittsburgh, PA., 16808-16811 [2018-08032]
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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 .................................................
Brenda Riel, Attorney-Advisor ...................................................................................
Comments
The Secretary solicited comments on
the proposal to establish the Committee
and received one response from the
National Indian Education Association
(NIEA) that was submitted through the
process identified in the Federal
Register (82 FR 43199) dated September
14, 2017. The Secretary did not consider
comments that were received in any
other manner or were received after the
close of the comment period.
The comments received from NIEA:
(1) Support the proposal to form a
negotiated rulemaking committee, (2)
encourage the Secretary to include
Native educators, researchers, and
evaluators on the Committee, and (3)
encourage the Secretary to ensure that
representatives are served by Bureaufunded schools.
Both the Secretary and the BIE believe
the proposed representatives address
NIEA’s comments to ensure the Native
students are best supported and
evaluated holistically. The proposed
representatives carry a wide range of
experiences, knowledge, and
understanding to support Native
students both academically and
culturally.
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Nominations
If you are a Tribe with Bureau-funded
schools, an Indian education
organization, or an interested
individual, we invite you to comment
on the proposed nominations in this
notice or to nominate other persons for
membership on the Committee. The
Committee membership should reflect
the diversity of Tribal interests, and
Tribes should nominate representatives
and alternates who will:
• Have knowledge of school
standards, assessments, and
accountability systems;
• Have relevant experiences as past or
present superintendents, principals,
teachers, or school board members;
• Are able to coordinate, to the extent
possible, with other interests who may
not be represented on the Committee;
• Are able to represent one or more of
the specified interests with the authority
to embody the views of that or those
interest(s), communicate with interested
constituents, and have a clear means to
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Bureau of Indian Education.
Office of the Solicitor.
reach agreement on behalf of the
interest(s);
• Are able to negotiate effectively on
behalf of the interest(s) represented;
• Are able to commit the time and
effort required to attend and prepare for
meetings; and
• Are able to collaborate among
diverse parties in a consensus-seeking
process.
The Secretary will consider
nominations for representatives only if
they are nominated through the process
identified in this Notice and in the
Federal Register Notice of Intent (82 FR
43199). The Secretary will not consider
any nominations received in any other
manner. The Secretary will not consider
nominations for Federal representatives;
only the Secretary may nominate
Federal employees to the Committee.
Nominations must include the
following information about each
nominee:
(1) A current letter from the entity
representing one of the interest(s)
identified supporting the nomination of
the individual to serve as a
representative for the Committee;
(2) A resume reflecting the nominee’s
qualifications and experience in Indian
education; resume to include the
nominee’s name, Tribal affiliation (if
applicable), job title, major job duties,
employer, business address, business
telephone and fax numbers (and
business email address, if applicable);
(3) The interest(s) to be represented by
the nominee identified in Section V, in
the Federal Register (82 FR 43199)
published September 14, 2017, and
whether the nominee will represent
other interest(s) related to this
rulemaking;
(4) A brief description of how the
nominee will represent the views of the
identified interest(s), communicate with
constituents, and have a clear means to
reach agreement on behalf of the
interest(s) they are representing; and
(5) A statement on whether the
nominee is only representing one
interest or whether the expectation is
that the nominee represents a specific
group of interests.
To be considered, nominations must
be received by the close of business on
the date listed in the DATES section, at
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the location indicated in the ADDRESSES
section.
III. Public Disclosure of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire nomination submission—
including your personal identifying
information—may be made publically
available at any time. While you can ask
us in your submission to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
Authority: The Elementary and Secondary
Education Act of 1965, as amended, 20
U.S.C. 6301 et seq.
Dated: April 9, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–07922 Filed 4–16–18; 8:45 am]
BILLING CODE 4337–15–P
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.
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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
SUMMARY:
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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.
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 https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
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
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
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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
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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 EndNorth 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
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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
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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.
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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
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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
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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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
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 https://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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T08–0320 to read as
follows:
■
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§ 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 EndNorth 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 § 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
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0038]
RIN 1625–AA00
Safety Zones; Coast Guard Sector
Upper Mississippi River Annual and
Recurring Safety Zones Update
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its safety zone regulations for
annual events in Coast Guard Sector
Upper Mississippi River. This proposed
rule would add one new recurring safety
zone, remove four safety zones, and
amend the sponsor/name, date, and/or
safety zones for three recurring safety
zones already listed in the current table.
This action is necessary to protect
spectators, participants, and vessels
from the hazards associated with annual
marine events. This proposed
rulemaking would restrict vessel traffic
from the safety zones during the events
unless authorized by the Captain of the
Port Sector Upper Mississippi River or
a designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before May 17, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0038 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions on this proposed
rule, call or email Lieutenant
Commander Sean Peterson, Chief of
Prevention, U.S. Coast Guard; telephone
(314) 269–2568, email
Sean.M.Peterson@uscg,mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
The Captain of the Port Sector Upper
Mississippi River (COTP) proposes to
amend 33 CFR 165.801 to update the
table of annual fireworks displays and
other marine-related events in Coast
Guard Sector Upper Mississippi River.
The current list of annual and recurring
safety zones in Sector Upper Mississippi
River is published in Table 2 of 33 CFR
165.801. That most recent table was
created through the final rule published
on June 21, 2017 (82 FR 28235). The
current table in 33 CFR 165.801 needs
to be amended to include new safety
zones expected to recur annually or
biannually, remove safety zones no
longer recurring, and provide new
information on existing safety zones.
The proposed annually recurring
safety zones are necessary to provide for
the safety of life on navigable waters
during the events. Based on the nature
of these marine events, large numbers of
participants and spectators, and event
locations, the COTP has determined that
the events listed in this proposed rule
could pose a risk to participants or
waterways users if the normal vessel
traffic were to interfere with the events.
Possible hazards include risks of injury
or death from near or actual contact
among participant vessels and
spectators or mariners traversing
through the safety zone. In order to
protect the safety of all waterway users,
including event participants and
spectators, this proposed rule would
establish safety zones for the time and
location of each marine event.
This purpose of this proposed
rulemaking is to ensure the safety of
vessels on the navigable waters in the
safety zones during the scheduled
events. Vessels would not be permitted
to enter the safety zone unless
authorized by the COTP or a designated
representative. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to amend its
safety zone regulations for annual
events in Coast Guard Sector Upper
Mississippi River listed in Table 2 of 33
CFR 165.801. This section requires
amendment from time to time to
properly reflect the recurring safety
zone regulations in Sector Upper
Mississippi River. This rule would add
one new recurring safety zone, remove
four no longer recurring safety zones,
and amend the sponsor/name, date,
and/or safety zones for three recurring
safety zones already listed in the current
table. Other than this one new safety
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]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16808-16811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08032]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0320]
RIN 1625-AA08
Special Local Regulation; Monongahela 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 https://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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://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 https://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
